College Board delivers this ACCUPLACER® test to you on behalf of your institution. You agree you are the person your institution has assigned to take this test and whose name is on the photo ID used to take the test. The ACCUPLACER test, platform, and system (“ACCUPLACER System”) are operated by, and are the property of, College Board (also “us” or “we”). By using the ACCUPLACER System and taking the ACCUPLACER test, you consent to the terms of this Privacy Policy and General Agreement (“Agreement”), including the collection, use, and disclosure of Data (defined below), and proctoring (described below), and you further consent to the collection, use, and disclosure by College Board of your personally identifiable information described in the Privacy Statement located at collegeboard.org/privacy-center.
The data that you provide or your institution provides through the ACCUPLACER System, including test scores, test-related data, and personally identifiable information (such as your name, address, phone number, email address, unique ID, date of birth, gender, ethnicity, and high school enrollment status) for purposes of College Board delivering the ACCUPLACER test to you (collectively “ Data”), is subject to this Agreement.
We collect Data when you use the ACCUPLACER System. We may also collect Data from your institution.
The ACCUPLACER System monitors traffic by automatically recording every visitor’s host, domain name, pages visited, length of user sessions, browser type and/or Internet Protocol (IP) address. This information does not contain personally identifiable information. We use Data to enable you to take ACCUPLACER tests, score your ACCUPLACER tests, send you and provide you access to score reports, and otherwise perform services on behalf of your institution.
To the extent permitted by applicable law, we may use Data to identify and investigate potential test security incidents, protect and enhance test security, improve ACCUPLACER tests and the ACCUPLACER System, exercise quality control, and provide customer service to you and your institution. We disclose Data to your institution and as directed by your institution, including the institution(s) you attend, if any, at which you take the ACCUPLACER test, and their applicable district, state department of education and/or higher education governing organizations. You may also choose to share your score reports with institutions other than your institution.
We may disclose Data to the third parties we use to operate the ACCUPLACER System, including, without limitation, Pearson plc. These third parties are subject to College Board confidentiality terms and privacy policies and cannot sell or repurpose Data.
To the extent permitted by applicable law, we may use and disclose aggregated and/or deidentified Data, including, without limitation, to improve and demonstrate the effectiveness of the ACCUPLACER System, for internal research purposes, and to external researchers.
We will retain Data for as long as the information is needed for the purposes detailed above and for any additional period that may be required or permitted by law.
A cookie is a small text file placed on a user’s computer hard drive when a user visits a website. Cookies are employed for each ACCUPLACER test session as a security measure to prevent any test taker activity on the website after their test session has ended or timed out. These session cookies are automatically removed from the test taker’s computer when the session ends. For institutional users of the ACCUPLACER Fast Track login feature, a cookie enables the ACCUPLACER System to recognize the user readily on subsequent visits.
ACCUPLACER System users are free to change their web browsers to prevent the acceptance of cookies, but this does not affect the session cookies described above. Our cookies do not contain personal information collected by College Board.
College Board is committed to data and information security. To that end, we maintain a System and Organization Controls (SOC) 2, Type 2 report, which includes ACCUPLACER within its scope.
College Board does not proctor ACCUPLACER tests. Your institution administering the ACCUPLACER test will proctor this test, and it may arrange for a remote proctoring service. The remote proctoring service may access but is not part of the ACCUPLACER System. College Board is not responsible or liable for proctoring including, without limitation, the use of a remote proctoring service and you waive all claims against College Board arising from or relating to proctoring.
The data and information collection, use, and disclosure practices and policies of the remote proctoring service and your institution are not covered by this Agreement. When you take the ACCUPLACER test, the remote proctoring service and/or your institution may use automated decision making (e.g., machine learning, algorithms, or artificial intelligence), may collect and capture personally identifiable information, and may conduct audio, video, keystroke, and other recordings, as further described in the terms of service and privacy policies of the remote proctoring service and/or your institution. Please carefully read the terms of service and privacy policies of the remote proctoring service and/or your institution. Your institution may share or authorize sharing of proctoring data and recordings with College Board for purposes of College Board providing services to your institution. In all such instances, College Board acts as the outsourced “school official” of your institution to the extent that the disclosed data is subject to the Family Educational Rights and Privacy Act (FERPA).
The ACCUPLACER System operates on a software as a service platform that is located within the United States. Accordingly, your Data may be transferred from your testing location to the United States.
The ACCUPLACER test, including the test-related documents and materials, and test preparation materials ("Test Content") are copyrighted works owned by College Board and protected by the laws of the United States and other countries.
The ACCUPLACER System, including all software, webpages, algorithms, processes, and technologies through which you access and take the test, your answers are scored, and the test is secured, but excluding your device, your internet service provider (ISP) and the public internet, belong to College Board and its licensors.
You shall not screenshot or attempt to make any image, copy, or download Test Content on the ACCUPLACER System. You shall not attempt to decompile, reverse engineer, or disassemble the ACCUPLACER System.
You shall not discuss, record, copy or share information about the test including questions, answers, identifying information about the version or form of a test, or any other information that might compromise the security of the test at any time (including before the test, during the test, during breaks, or after the test).
EXCEPT TO THE EXTENT FINALLY DETERMINED TO BE PROHIBITED BY LAW, THE TOTAL LIABILITY OF COLLEGE BOARD TO YOU OR ANYONE CLAIMING BY OR THROUGH YOU OR ON YOUR BEHALF, FOR ANY CLAIMS, LOSSES, COSTS, OR DAMAGES ARISING OUT OF OR RESULTING FROM OR IN ANY WAY RELATED TO COLLEGE BOARD OR THE ACCUPLACER TEST FROM ANY CAUSE, SHALL NOT EXCEED $100.00. IN ADDITION, COLLEGE BOARD WILL NOT BE LIABLE IN ANY EVENT FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES.
Disputes between you and College Board and/or any or all of its contractors that relate in any way to registering for, participating in, or taking the ACCUPLACER will exclusively be resolved in binding arbitration or small claims court. By agreeing to arbitration in accordance with this Section, you are waiving your right to have your dispute heard by a judge or jury except as set forth below.
Either party can seek to have a claim resolved in small claims court if the rules of that court will allow it. Additionally, if the claims asserted in any request or demand for arbitration could have been brought in small claims court, then either you or College Board may elect to have the claims heard in small claims court, rather than in arbitration, at any time before an arbitrator is appointed, by notifying the other party of that election in writing. Any dispute about whether a claim qualifies for small claims court will be resolved by that court and not by an arbitrator. In the event that either party elects to have their claims heard in small claims court, the arbitration proceeding will remain closed unless and until there is a decision by the small claims court that the claim should proceed in arbitration.
All claims that are not decided in small claims court must be resolved through binding, individual arbitration before a single arbitrator. The arbitration will be administered by the American Arbitration Association ("AAA") under the AAA Consumer Arbitration Rules, supplemented by the AAA Mass Arbitration Supplementary Rules as applicable, in effect at the time a request for arbitration is filed with the AAA. Copies of the AAA Consumer Arbitration Rules and the AAA Mass Arbitration Supplementary Rules are located at adr.org. The arbitrator will have the authority to resolve any dispute regarding the scope or enforceability of this Agreement, except only a court can decide claims that a party violated the intellectual property rights of the other party. In addition, only a court can decide issues relating to (a) the prearbitration requirements contained in this Agreement or (b) the interpretation of the prohibition of class and representative actions contained in this Agreement.
Before commencing a small claims court or arbitration proceeding, that party (the “complainant”) must provide the other party (the “respondent”) with a written notice of dispute that includes the complainant’s name and contact information, a detailed description of the dispute, relevant documents, the specific relief sought, and the complainant’s physical signature (signature by counsel to the party is not sufficient). If you are the complainant, send the notice of dispute by first class mail, FedEx, or UPS to Legal Department, 250 Vesey Street, New York, NY 10281. After September 15, 2025, College Board’s address will be 225 Liberty Street, 28th Floor New York, New York 10281. Alternatively, you (or your counsel) can send the notice of dispute to legalhelp@collegeboard.org. A member of College Board’s Legal Department will then contact you (or your counsel) to attempt to resolve the dispute through informal good faith negotiations as described below. College Board will send its notice to your address as reflected in College Board’s records.
Also, before the complainant may commence a small claims court or arbitration proceeding, the parties must attempt to resolve the dispute through informal, good-faith negotiation. If the parties have not resolved the dispute within sixty (60) days of the respondent’s receipt of the written notice of dispute, the parties will mutually schedule a settlement conference which must occur within fourteen (14) days of the completion of the sixty (60) day period, unless otherwise mutually agreed by the parties. Each party must personally appear at the settlement conference (if a party is represented by counsel, their counsel may also participate), and appearances may be made telephonically or by video. If the parties are unable to resolve the dispute at the settlement conference, either party may commence arbitration or file a small claims court proceeding. The statute of limitations and any filing fee deadlines will be tolled while the parties engage in this informal dispute resolution process. If any aspect of the requirements in this Section have not been met, a court can enjoin the filing or prosecution of an arbitration or the assessment of any arbitration fees. In addition, unless prohibited by law, the AAA cannot accept or administer the arbitration, nor assess any fees for an arbitration that has not met the requirements of this Section. If the arbitration already is pending, it must be dismissed.
If the dispute proceeds to arbitration, the complainant must personally attend all arbitration conferences, hearings, and mediations scheduled by the AAA or by an arbitrator or mediator appointed by the AAA. If the complainant is represented by counsel, complainant’s counsel may also participate, and all participation may be made telephonically or by video except as directed by the arbitrator or mediator. If a complainant fails to personally appear at any conference, hearing or mediation scheduled by the AAA or by a AAA arbitrator or mediator, regardless of whether the complainant’s counsel attends, the arbitrator will administratively close the arbitration proceeding without prejudice, unless the complainant shows good cause as to why the complainant was not able to attend the conference, hearing, or mediation.
This arbitration will be conducted as a documents-only arbitration (i.e., there will be no in-person or telephone hearing) unless otherwise agreed by the parties or required by the arbitrator. If the parties agree to, or the arbitrator requires proceedings, such proceedings should be conducted at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the parties agree that the proceedings will be conducted via a video or telephonic call or, in the event that face-to-face proceedings are agreed to by the parties or required by the arbitrator, at a location that is reasonably convenient to both parties in accordance with the AAA Consumer Arbitration Rules. The arbitrator may consider rulings in arbitrations involving other individuals, but an arbitrator's rulings will not be binding in proceedings involving different individuals. The existence and content of the arbitration proceedings, including documents and briefs submitted by the parties, any correspondence from the AAA, and correspondence, orders, and awards issued by the arbitrator, will remain strictly confidential and will not be disclosed to any third party without the express written consent from the other party, unless disclosure to the third party is reasonably required in the context of conducting the arbitration proceedings or related court proceedings.
For disputes meeting the definition of “Mass Arbitration” under the AAA Mass Arbitration Supplementary Rules, the parties agree that the dispute is subject to the AAA’s Mass Arbitration Supplementary Rules and the parties agree to the appointment of a Process Arbitrator, except as may otherwise be decided by the arbitrator or the AAA.
The parties agree that the Federal Arbitration Act ("FAA") 9 U.S.C. § 1 et seq. governs this provision, and it is the intent of the parties that the FAA shall preempt all State laws to the fullest extent permitted by law.
No arbitration may be maintained as a class or collective action; a party may only bring a claim on their own behalf and cannot seek a relief that would affect other individuals. Unless all parties agree otherwise, the arbitrator shall not have the authority to consolidate the claims of more than 1 individual, conduct any class or collective proceeding, make any class or collective award, or make an award to any person or entity not a party to the arbitration, without the express written consent of College Board.
Payment of all filing, administrative, and arbitrator fees and costs will be governed by the AAA's rules. If the arbitrator finds that either the substance of your claim or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then College Board may seek applicable fee-shifting.
We reserve the right to change the terms of this Agreement from time to time by posting an updated Agreement. We encourage you to review this Agreement periodically for any changes or updates at collegeboard.org/privacy-center.
If you have questions about this Privacy Policy or College Board privacy practices, please contact us at 250 Vesey Street, New York, NY 10281, 866-630-9305, or privacy@collegeboard.org. After September 15, 2025, College Board’s address will be 225 Liberty Street, 28th Floor, New York, New York 10281.
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