PRIVACY POLICY

Updated September 2024

Table of Contents

Please double click the link to skip to a section below.

  1. Introduction
  2. Personal Data the BACB Collects
    1. Personal Data You Provide
    2. Personal Data as You Navigate the Site
    3. Personal Data from Other Sources
  3. How the BACB Uses Personal Data
  4. How the BACB Shares Your Personal Data
  5. Cookies and Other Tracking Technologies
    1. How You Can Opt Out of Cookies
    2. Google Analytics
    3. Google reCAPTCHA
    4. Crazy Egg
  6. “Do Not Track” Signals
  7. Advertising and Marketing Choices
  8. Third Party Links
  9. Security
  10. Children's Privacy
  11. Your Rights and Additional Disclosures–UNITED STATES ONLY
    1. Notice to California Residents
    2. Notice to Nevada Residents
    3. Notice to Washington Residents
  12. Your Rights and Additional Disclosures–EUROPEAN ECONOMIC AREA AND UNITED KINGDOM ONLY
    1. Legal Bases for Processing Your Personal Data
    2. Your Rights
  13. Accessibility
  14. How to Contact Us
  15. Personal Data Removal Requests

  1. 1. Introduction

    The Behavior Analyst Certification Board, Inc. (“BACB,” “we,” “our,” or “us”) respects the privacy of your information. This Privacy Policy is designed to assist you in understanding how the BACB collects, uses, and safeguards your information. This Privacy Policy applies to individuals who access this website (“Site”) and the services provided through the Site (collectively, “Services”).

    Except where indicated below, it is the policy of the BACB not to release confidential applicant or certificant information unless such information relates to any of the following:

    • BACB disciplinary or ethics review, investigation, or enforcement;
    • verifying the accuracy of information provided to the BACB;
    • providing feedback to supervisors or mentors;
    • requests by a governmental licensing board or agency, law enforcement authority, other government agency, or court of law; or
    • a proper subpoena.

    Additionally, the BACB may publish information or disclose information as identified on the Site, including but not limited to following:

    From time to time, the BACB may change this Privacy Policy; in the event of a change, the BACB will post an amended version on this webpage. Please review this Privacy Policy periodically.

    Please also refer to the BACB's Terms of Use regarding the proper usage of the Site and Services.

  2. 2. Personal Data the BACB Collects

    The BACB collects Personal Data from you through your use of the Site and Services. “Personal Data” refers to any information relating to an identified or identifiable natural person that the BACB maintains in an accessible form. The BACB collects the following types of Personal Data:

    1. Personal Data You Provide

      Depending on how you interact with the Site and Services, the BACB will collect the following types of Personal Data that you voluntarily provide:

      • Account. If you create a BACB account, you will provide the BACB with your email address and you will create a password for future logins. When you log in to your account, you will provide the BACB with your email address and password. In your account, you may provide the BACB with contact information, demographic data, as well as information pertaining to your supervisees or supervisors, if applicable.
      • BACB News Mailing List. When you sign up for or resubscribe to the BACB News Mailing List, you will provide the BACB with your name and email address.
      • BACB Contact Forms. The BACB may add or remove various contact forms at will and without notice. Information collected through those forms will be clearly conveyed and may include your name, email address, BACB ID, phone number, and any other Personal Data that you may voluntarily provide. For example, if you use the BACB's Regulatory Contact Form, you will provide the BACB with your name, email address, and licensing board affiliation, and may choose to provide the BACB with your phone number and any other Personal Data. If you use the BACB's Mass Email Support Form, you will provide the BACB with your name, email address, organization(s), and any other Personal Data you choose to provide.
      • Certificant Registry. The information you provide when searching the BACB's Certificant Registry may be your own information or the information of a third party. If you search the Certificant Registry, you will provide the BACB with either a certification number or a name, zip code, and state or territory of residence. If you submit any Personal Data about another individual to the BACB, you are responsible for making sure that you have the authority to do so and to authorize the BACB to use their Personal Data in accordance with this Privacy Policy. Information about individuals that you search may also be tracked for purposes of verifying those who are misrepresenting certification or other BACB trademark or copyright. See the BACB's Falsified Credentials and/or Misrepresentation Webpage for more information.
      • Certificate Replacement Request. If you submit a request for an official hard copy of your certificate, you will provide the BACB with your name, email address, and certification number.
      • Fact-Check Request. If you are an author using the Site to verify or double check the accuracy of your work, you will provide the BACB with your name, email address, and any other Personal Data that you may voluntarily provide.
      • Interact with the Site or Services. When you send the BACB any feedback, questions, comments, suggestions, ideas, or interact with the BACB in any way, you may need to provide the BACB with your login information, name, and/or email address.
      • Reporting an Alleged Violation. If you report an alleged violation by an applicant, certificant, or ACE provider, you will provide the BACB with your name, email address, phone number, and any other Personal Data that you may voluntarily provide. You will also provide the BACB with the subject's name, credential, city/state/country of the alleged violation, and any other Personal Data that you may voluntarily provide about the subject. If you report an alleged violation against any level certificant where the supporting documentation is publicly available, you will provide the BACB with the subject's name, certification number, and any other Personal Data that you may voluntarily provide about the subject. If you report yourself to the BACB for an alleged violation, you will provide the BACB with your name, email address, certification, and any other Personal Data you choose to provide.
      • Reporting Falsified Credentials. If you report an act of infringement or misuse of BACB intellectual property, you will provide the BACB with your name, email address, and any other Personal Data that you may voluntarily provide in your description of the issue.
      • Responding to Requests from the Ethics Department. If you use the Site to respond to a request from the Ethics Department related to (1) disciplinary consequence fulfillment, (2) required educational actions, (3) updates regarding a submission, or (4) any other information related to ethics enforcement, you will provide the BACB with your name, email address, and any other Personal Data that you may voluntarily provide.
      • Verification Letter Request. The information you provide when requesting a verification may be your own information or the information of a third party. If you submit a request to receive a written verification of a current certificant's status, you will provide the BACB with your name, email address, and any other Personal Data that you may voluntarily provide. You will also provide the BACB with the certificant's last name and BACB ID or certification number.

      We also may receive your Personal Data from you in other ways, such as:

      • Applications and supporting documentation necessary for you to be certified or to maintain certification.
      • Applications to sit for an examination.
      • Communications between you and BACB personnel (e.g., written, verbal).
      • Applications and supporting documentation for other BACB services, such as, becoming an approved continuing education provider.
      • Inquiries about the status of an application you have submitted to the BACB.
      • Documentation of ethical compliance, including, required information that you report to the BACB.
      • Notices of alleged violation and related correspondence (responses to notices, outcomes of investigations).
      • Listserv correspondence.

    2. Personal Data as You Navigate the Site

      The BACB automatically collects certain Personal Data through your use of the Site and the BACB's use of cookies and other tracking technologies, such as the following:

      • Usage Information. This includes, but is not limited to pages on the Site you access, the frequency of access, and what you click on while on the Site. This also may include anonymous statistical data about your browsing history.
      • Device-Related Information. This includes, but is not limited to information about the device you are using, such as hardware model, operating system, application version number, and browser.
      • Mobile Device Information. Aggregated information about whether the Site is accessed via a mobile device or tablet, the device type, and the carrier.
      • Location Information. Geographic location information from Site visitors on a city-regional basis.

      For more information on the BACB's cookie usage, please see the Cookies and Other Tracking Technologies section below.

    3. Personal Data from Other Sources

      In some cases, the BACB may receive certain Personal Data about you from other sources such as from BACB vendors (processors), other Site users, and government entities. This includes, but is not limited to:

      • Information you submit to a BACB vendor, such as, information provided to the BACB's testing vendor to register for the examination administration.
      • Information collected by a BACB vendor, such as information required for your admission to a BACB testing site.
      • Information contained in a background check or third-party inquiry about any applicant, candidate, certificant, related party, professional associate, or corporation.

  3. 3. How the BACB Uses Personal Data

    The BACB uses the Personal Data it collects to provide the Services to you, to maintain and improve the Site and Services, and to protect the BACB's legal rights. In addition, the BACB may use the Personal Data it collects to:

    • Process your application or administer an examination to you;
    • Maintain, renew, or recertify your certification;
    • Process your Account registration;
    • Email you the BACB's Newsletter;
    • Communicate with you about the Site or Services or to inform you of any changes to the Site or Services;
    • Provide support;
    • Protect the security and integrity of the Site and Services;
    • Investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of the BACB's Terms of Use, and to otherwise fulfill the BACB's legal obligations;
    • Defend the BACB's legal rights and the rights of others;
    • Assess the accessibility and user-related preferences of the Site and your BACB account;
    • Fulfill any other purposes for which you provide it;
    • Maintain the BACB's business; and
    • Comply with applicable law.

  4. 4. How the BACB Shares Your Personal Data

    The BACB requires all current and former certificants, approved continuing education providers, and individuals with reportable disciplinary history to be listed on the Site, except as otherwise approved under Section 15 of this Privacy Policy. When you request a service from the BACB, such as, to become certified, approved, or verified, you consent to such publication on the Site.

    Additionally, to process your application or as you navigate the Site, the BACB may provide Personal Data about you to certain BACB vendors (processors). A list of such BACB vendors is available and is updated on an annual basis.

    The BACB reserves the right to transfer your Personal Data to third parties (including other processors) in the event of the following:

    • the BACB is legally required to share the Personal Data with a third party, such as, under subpoena;
    • the BACB has committed to sharing the Personal Data, such as, disclosure of disciplinary matters to regulators and responding to requests from an official governmental agency;
    • the BACB transfers BACB business functions to a third party;
    • the BACB is acquired by a third party;
    • the BACB determines to do so:
      • in connection with any legal proceedings or prospective legal proceedings;
      • to establish, exercise, or defend the BACB's or a third party's legal rights, including providing Personal Data to others for the purposes of fraud prevention;
      • to any person who the BACB reasonably believes may apply to a court or other competent authority for disclosure of that Personal Data where, in the BACB's reasonable opinion, such court or authority would be reasonably likely to order disclosure of that Personal Data;
      • to any other person or entity as part of any business or asset sale, merger, bankruptcy, liquidation, or similar proceeding, or in preparation for any of these events;
      • to any other person or entity (e.g., licensing board, supervisor, mentor) where you consent to the disclosure; and
      • for any other purpose disclosed by the BACB when you provide the Personal Data or for any other purpose it deems necessary, including to protect the health or safety of others.

    5. If you delete your BACB account, please note that the deletion by the BACB's third-party providers may not be immediate and the deleted information may persist in backup copies for a reasonable period of time, as permitted by law.

  5. 5. Cookies and Other Tracking Technologies

    Like many other companies, the BACB uses cookies and other tracking technologies (collectively, “Cookies”). “Cookies” are small files of information that are stored by your web browser software on your computer hard drive, mobile or other devices (e.g., smartphones or tablets).

    The BACB uses Cookies to:

    • Understand and save your preferences for future visits, allowing the BACB to customize the Site and Services to your individual needs;
    • Keep track of search engine results;
    • Compile aggregate data about site traffic and site interactions to resolve issues and offer better site experiences and tools in the future; and
    • Recognize when you return to the Site.

    1. How You Can Opt Out of Cookies

      When you first visit the Site, you will be presented with a banner that offers you choices about whether to accept or reject Cookies of different types. If you wish to change your preferences, you may do so by clearing your cookies then navigating back to the Site.

      • BROWSER SETTINGS

        You can block Cookies by changing your Internet browser settings to refuse all or some Cookies. If you choose to block all Cookies (including essential Cookies) you may not be able to access all or parts of the Site.

    2. Google Analytics

      The BACB uses Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses Cookies to help the BACB analyze how users interact with the Site and Services, compile reports on their activity, and provide other services related to their activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a returning visitor, and any referring website. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google's privacy policies. To learn more about Google's partner services and how to opt out of tracking of analytics by Google, click here.

    3. Google reCAPTCHA

      The BACB uses Google reCAPTCHA, a free service provided by Google, Inc., to protect the Site from spam and abuse. Google reCAPTCHA uses advanced risk analysis techniques to decipher humans and bots. Google reCAPTCHA works differently depending on what version is deployed. For example, you may be asked to check a box indicating that you are not a robot or Google reCAPTCHA may detect abusive traffic without user interaction. Google reCAPTCHA works by transmitting certain types of information to Google, such as the referrer URL, IP address, visitor behavior, operating system information, browser and length of the visit, cookies, and mouse movements. Your use of Google reCAPTCHA is subject to Google's Privacy Policy and Terms of Service. More information as to Google reCAPTCHA and how it works is available here.

    4. Crazy Egg

      The BACB uses Crazy Egg to obtain anonymous data about how visitors interact with the Site. The data Crazy Egg collects include information about how visitors navigate around a web page and the most commonly clicked links on a specific web page. Crazy Egg's privacy policy is available here. Click here for Crazy Egg's opt-out feature.

  6. 6. “Do Not Track” Signals

    Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, the Site does not currently interpret or respond to “Do Not Track” signals or alter its practices when it receives “Do Not Track” signals.

  7. 7. Advertising and Marketing Choices

    Depending on your location (and reflecting applicable law), you may have been asked to: (i) indicate your preferences, (ii) provide the BACB with your consent regarding the receipt of such information from the BACB, and (iii) indicate how you would like to be contacted.

    Wherever you are located, the BACB may send you emails from our mass-email service on behalf of third parties based on any preferences you may have expressed. For these communications, you can opt out and/or manage your preferences by indicating them in your BACB Account.

  8. 8. Third Party Links

    The Site and Services may contain links that will let you leave the Site and Services and access another website. Linked websites are not under the BACB's control. The BACB accepts no responsibility or liability for these other websites.

  9. 9. Security

    The BACB maintains commercially reasonable security measures to protect the Personal Data it collects and stores from loss, misuse, destruction, or unauthorized access. However, no security measure or modality of data transmission over the Internet is 100% secure. Although the BACB strives to use commercially acceptable means to protect your Personal Data, it cannot guarantee absolute security.

  10. 10. Children's Privacy

    The Site and Services are not intended for children under 17 years of age. The BACB does not knowingly collect, use, or disclose personal information from children under 17.

  11. 11. Your Rights and Additional Disclosures–UNITED STATES ONLY

    The BACB respects your rights in how your Personal Data is used and shared. You may request to review and make changes to your Personal Data by completing the form at the end of this Privacy Policy.

    Please note that the majority of U.S. state consumer privacy laws do not apply to nonprofits. As a nonprofit organization, the BACB is therefore exempt from such laws.

    1. Notice to California Residents

      The BACB does not disclose personal information obtained through the Site or Services to third parties for their direct marketing purposes. Accordingly, the BACB has no obligations under California Civil Code § 1798.83.

    2. Notice to Nevada Residents

      Nevada law allows Nevada residents to opt out of the sale of certain types of personal information. Subject to a number of exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to another person. The BACB does not currently sell personal information as defined in the Nevada law.

    3. Notice to Washington Residents

      Washington residents seeking information related to our collection and processing of their “consumer health data” should refer to our Washington Biometric Data Privacy Policy.

  12. 12. Your Rights and Additional Disclosures–EUROPEAN ECONOMIC AREA AND UNITED KINGDOM ONLY

    1. Legal Bases for Processing Your Personal Data

      If you are located in the European Economic Area (EEA) or United Kingdom (UK), you are entitled to an explanation of the legal bases the BACB relies on to process your Personal Data. The legal basis for collecting and using the Personal Data described above will depend on the Personal Data concerned and the specific context in which the BACB collects it, which is discussed below.

      1. CONSENT

        The BACB may process your Personal Data based on your consent such as when you ask the BACB to send you certain kinds of marketing communications. You have the right to withdraw your consent at any time without affecting the lawfulness of the processing based on consent before its withdrawal.

      2. THE BACB'S LEGITIMATE INTERESTS

        The BACB may process your Personal Data if doing so is pursuant to the BACB's legitimate interests and your rights as an individual do not override those legitimate interests. For example, the BACB may process your Personal Data to perform customary certification activities (e.g., process applications and conduct disciplinary reviews), carry out fraud prevention activities and activities to increase network and information security, identify usage trends, determine the effectiveness of promotional campaigns, expand the BACB's business activities, and improve the BACB's services and the content and functionality of the Site.

      3. TO PERFORM A CONTRACT

        The BACB may process your Personal Data to administer and fulfill contractual obligations to you.

      4. TO ENABLE THE BACB TO COMPLY WITH A LEGAL OBLIGATION

        The BACB may process your Personal Data to comply with legal obligations to which it is subject. This may include any requirement to produce audited accounts, any legal obligation to share information with law enforcement agencies, public or governmental authorities, and to comply with legal process.

      5. NECESSARY FOR THE EXERCISE OR DEFENSE OF LEGAL CLAIMS

        If you bring a claim against the BACB or the BACB brings a claim against you, the BACB may process your Personal Data in relation to that claim.

        The BACB is the Data Controller of all Personal Data collected from residents of the EEA or UK. If you have any questions about or need further information concerning the legal basis on which the BACB collects and uses your Personal Data for any specific processing activity, please contact the BACB using the How to Contact Us section below.

    2. Your Rights

      1. ACCESS YOUR PERSONAL DATA

        You have the right to obtain from the BACB confirmation as to whether or not the BACB is processing Personal Data about you and, if so, the right to be provided with the information contained in this Privacy Policy You also have the right to receive a copy of the Personal Data undergoing processing.

      2. RECTIFY YOUR PERSONAL DATA

        You have the right to ask the BACB to rectify any inaccurate Personal Data about you and to have incomplete Personal Data completed.

      3. RESTRICT THE BACB’S USE OF YOUR PERSONAL DATA

        You have the right to ask the BACB to place a restriction on the BACB's use of your Personal Data if one of the following applies to you:

        • You contest the accuracy of the information that the BACB holds about you, while the BACB verifies its accuracy;
        • The BACB has used your information unlawfully, but you request the BACB to restrict its use instead of erasing it;
        • The BACB no longer needs the information for the purpose for which the BACB collected it, but you need it to address a legal claim; or
        • You have objected to the BACB using your information, while the BACB checks whether the BACB's legitimate grounds override your right to object.

      4. OBJECT TO THE BACB’S USE OF YOUR PERSONAL DATA

        You have the right to object to the BACB's use of your Personal Data where the BACB's reason for using it is based on the BACB's legitimate interests or your consent (rather than when the reason for using it is to perform an obligation due to you under a contract with the BACB).

      5. DELETE YOUR PERSONAL DATA

        You can ask the BACB to delete your Personal Data if:

        • The BACB no longer needs it for the purposes for which it was collected;
        • The BACB has been using it with no valid legal basis;
        • The BACB is obligated to erase it to comply with a legal obligation to which the BACB is subject;
        • The BACB needs your consent to use the information, and you withdraw consent;
        • You object to the BACB processing your Personal Data where the BACB's legal basis for doing so is the BACB's legitimate interests and there are no overriding legitimate grounds for the processing.

        However, this right is not absolute. Even if you make a request for deletion, the BACB may need to retain certain information for legal or administrative purposes, such as record keeping, maintenance of opt-out requirements, defending or making legal claims, reporting disciplinary/ethical actions, reporting your certification history, or detecting fraudulent activities. The BACB will retain information in accordance with the How Long Is Your Personal Data Kept section below.

        If you do exercise a valid right to have your Personal Data deleted, please keep in mind that deletion by third parties to whom the information has been provided might not be immediate and that the deleted information may persist in backup copies for a reasonable period, as permitted by law (but will not be available to others).

      6. TRANSFER YOUR PERSONAL DATA TO ANOTHER SERVICE PROVIDER

        You may request that the BACB transfer to you or another service provider some of the Personal Data you have provided in electronic copy. This applies to Personal Data the BACB is processing to service a contract with you and to Personal Data the BACB is processing based on your consent.

      7. MAKE A COMPLAINT

        If you have any concerns or complaints regarding the BACB's processing of your Personal Data, please contact the BACB using the How to Contact Us section below. If, for whatever reason, you feel the BACB does not meet the standards you expect, you are also entitled to make a complaint to your local supervisory authority:

      8. HOW LONG IS YOUR PERSONAL DATA KEPT?

        Except for Personal Data available via its vendors, the BACB retains Personal Data you provide to it as follows:

        • Initial, renewal, and recertification applications; continuing education provider applications; and related correspondence–up to seven (7) years following the conclusion of your status with the BACB as an applicant, certificant, or approved continuing education provider;
        • Disciplinary case history and reportable sanctions–permanently, to the extent permitted by law, which shall be a minimum of seven (7) years from your expiration of certification or completion of all sanctions issued by the BACB; and
        • Listserv participation – up to fourteen (14) years following the closure of the list.

        Such Personal Data will be retained on the BACB's servers or the servers of BACB vendors, such as, the approved testing administrator.

  13. 13. Accessibility

    The BACB is committed to ensuring this Privacy Policy is accessible to individuals with disabilities. If you wish to access this Privacy Policy in an alternative format, please contact the BACB as described below. Please also see the BACB's Web Accessibility Statement available here.

  14. 14. How to Contact Us

    For questions or concerns about the BACB's privacy policies or practices, please contact the BACB at:

    • Behavior Analyst Certification Board, Inc.
    • Attention: Privacy Committee
    • 7950 Shaffer Parkway
    • Littleton, CO 80127 USA

  15. 15. Personal Data Removal Requests

    To request that your Personal Data be removed from the BACB's website and/or databases, you must complete the form below.