DATA PRIVACY INFORMED CONSENT
NASBA takes the privacy of individuals
very seriously. Our current privacy policy may be viewed on our homepage,
www.nasba.org, by clicking on the “privacy policy” link.
This
consent is a binding contract between you and the National Association of State
Boards of Accountancy (“NASBA”). This consent explains
how NASBA uses the information collected from you in connection with your
application for NASBA’s services and includes important obligations regarding the
language of this agreement, applicable law and jurisdiction, data security and
confidentiality. Your acceptance of this consent is required for your
application. Unless you indicate your agreement to this consent, your application
will not be processed. You may revoke your consent at any time, however, if at
any time, you attempt to revoke your consent, either directly, or by
challenging the enforceability of any part, NASBA will no longer continue to
process your application.
I agree as follows:
(a) Applicable language is only English: This is an
English-only legal document containing significant legal duties and requiring a
high degree of competency in the English language. It is an essential part of
an application. DO NOT indicate your agreement to this Consent unless you have
read and understand each part. An applicant is presumed to have a thorough
knowledge of the English language. By submitting the application and indicating
your agreement to this Consent, you represent that you have a sufficient
understanding of the English language and have read this Consent and understand
and agree to each provision. The language of this Consent is English and it
shall be interpreted exclusively in English. Any translation into another
language is unauthorized and shall not be binding nor constitute evidence of
the intent or meaning of any part or whole of this Consent or the application.
(b)
Applicable law: This
Consent and my relationship with NASBA shall be governed and construed in
accordance with the laws of the United States of America (USA) and the state in
which I intend to apply for a license as a CPA.
(c) Dispute resolution: Any controversy or
claim arising out of or relating to the breach of this Consent shall be
determined by arbitration administered by the American Arbitration Association
pursuant to its applicable rules. Any order of an arbitrator will be conclusive
and binding. The number of arbitrators shall be one. The place of arbitration
shall be in the state through which intend to apply for a license as a CPA. The
language of arbitration shall be the English language and no other.
(d)
Effective only upon receipt: This
Consent and any application related thereto shall not be binding upon NASBA
until such Consent and such application have been completed and accepted by
NASBA.
(e) Limitation of Liability:
You agree that all fees paid with an application are
non-refundable. You agree further that,
in the event your data is lost or damaged, any claim you may have will not
exceed the application fees paid.
Collecting
and Using Your Personal Data
Such information described below is
referred to in this Consent as “Personal Information.” I understand and consent that the following
information may be collected, received, transferred, stored, disclosed and processed
in connection with my application:
(a) Personal, including name and date
of birth
(b) Social Security Number (SSN) or
National ID Number
(c) Passport number
(d) Country of residence and country
of citizenship
(e) Past and current employment information
(f) Email
(g) Mailing Address
(h) Phone Number
(i) Education (Schools attended, Transcripts)
(j) Credit Card information
(k) Racial or ethnic origin
(providing such information is optional)
PLEASE
NOTE: Social Security Numbers and
National ID Numbers may be used only for verifying an individual’s identity and
detecting and investigating fraudulent activity. Access to these numbers shall be restricted
to employees, agents, service providers and government entities with a need to
access them for these purposes, and reasonable efforts shall be made to protect
these numbers from unlawful disclosure and keep them confidential by
maintaining physical, electronic and procedural safeguards that comply with
applicable regulations.
Purposes
for Data Collection
I understand and agree that my
Personal Information may be used for the following purposes:
(a) Determining my eligibility to sit for the
Uniform CPA Examination and obtain a
CPA license;
(b) Administration and operational purposes;
(c)
Verifying compliance with NASBA and State Board policies;
(d)
Backing up records to prepare for events that may make it difficult for
NASBA to access original copies of my Personal Information;
(e) Helping NASBA comply with contractual, legal
or regulatory obligations;
(f)
Detecting and investigating
fraudulent activity; and
Recipients
of Personal Information; Transfers
I acknowledge and agree that my
Personal Information may be disclosed and transferred to each of the following
for the purposes of carrying out contractual responsibilities and services
applicable to applying for and obtaining a CPA license:
(a) NASBA; and
(b) State Boards of Accountancy; and
(c) Third parties that perform
services related to the purposes listed above.
Further,
without limiting the foregoing, I understand and agree that the parties listed
above may receive and access Personal Information for purposes of facilitating
the application process for certification with State Boards, and for
investigating any suspected fraudulent or inappropriate activity.
Authorizations
In connection with my application, I
hereby authorize NASBA to:
(a) Release any information
necessary to verify the answers given on my application;
(b) Examine or receive copies of my
records maintained by colleges, universities, boards of education, banks or
credit agencies; and
(c) Use my Personal Information for
identification purposes in record keeping, information exchanges with USA and
any other government agencies, and other data sources that may be required to verify
my Personal Information.
I understand that discovery of false
information in my application discovered during my evaluation or of relevant
criminal history may result in denial of my application.
I release NASBA and its designees
from any and all liability and responsibility, damages and claims of any kind whatsoever
arising from an investigation of my background.
Data
Retention and Storage
Personal Information obtained by
NASBA may be retained and stored in accordance with NASBA data retention
policies in effect and as may be modified from time to time.
Right to Access
Personal Information and Update or Change Your Personal Information
You
may request that NASBA update or change any Personal Information on record
about you in order to make such Personal Information accurate. You also may request that NASBA delete your
Personal Information from their records; provided, however, that you understand
and agree that if NASBA deletes your Personal Information during the
application process, you will be forfeiting your application.
If You Withhold Your
Consent or Object to Collection
You
may withhold your consent for NASBA to collect, process and use your Personal
Information as described in this document.
However, if you withhold your consent, your application will no longer
be processed. You are not required to
provide NASBA with Personal Information that is optional to provide as
indicated above, such as racial or ethnic origin.
You
also retain the right to object to collection of your Personal Information for
any legitimate purpose. However, you
understand and agree that if you object to such collection of any non-optional
Personal Information, NASBA will be unable to process your application and you
will forfeit your application.
Consent
to Transfer of Personal Information
I acknowledge that the levels of
data protection and privacy laws in other countries may not be as high as those
applicable in my jurisdiction and that NASBA will make commercially reasonable
efforts to ensure that my Personal Information is kept secure at all times. I freely
consent to the transfer to and storage and processing of my Personal Information
in jurisdictions other than my own, including the USA.
GENERAL DISCLAIMER/LIMITED
LIABILITY:
NASBA DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR THE
RESULTS OF ANY EXPERIENCE VALIDATION PERFORMED BY THIRD PARTIES NOR FOR THE
OUTCOME OF ANY INTERVIEW CONDUCTED BY THIRD PARTIES IN CONNECTION WITH YOUR
APPLICATION. NEITHER NASBA NOR ANY OF ITS DIRECTORS, OFFICERS, AGENTS,
REPRESENTATIVES, EMPLOYEES, OR VOLUNTEERS SHALL BE LIABLE AND MAKE NO WARRANTY,
REPRESENTATION OR PROMISE, WHETHER EXPRESS OR IMPLIED, OR ORAL OR WRITTEN, IN
REGARDS TO THE RESULTS OR OUTCOMES OF THE SERVICES OFFERED BY THIRD PARTIES. NASBA DOES NOT WARRANT THAT THE SERVICES
OFFERED BY THIRD PARTIES ARE OR WILL BE WITHOUT DEFECT OR ERROR, AND WILL NOT
BE LIABLE FOR SUCH DEFECTS OR ERRORS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NASBA EXCLUDES
AND DISCLAIMS LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND
HOWSOEVER ARISING, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT,
GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE;
LOSS OF DATA; LOSS OF INCOME; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY
KIND OR CHARACTER, EVEN IF NASBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES
PROVIDED. YOU ASSUME TOTAL
RESPONSIBILITY. THIS LIMITATION OF
LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.