# Evalmee Terms of Use > Evalmee's terms of use: the GDPR roles of the Examiner and of Evalmee, exam traceability and remote proctoring, identity verification, retention of recordings, and each party's obligations. Source: https://evalmee.com/en/terms-of-use/ Last updated: 2026-09-05 --- **Last updated: 5 September 2026** This page supersedes any earlier copy of the document, in whatever form. The document is written in French: this translation is provided for information only, and the French version prevails in the event of any discrepancy. ## 1. Purpose These Terms of Use (the "Terms of Use") govern the conditions of access to and use of the Evalmee platform (the "Platform") by any **User** (Examiner or Participant). Evalmee provides an online assessment software solution; Evalmee is neither a teaching body nor an Examiner. ## 2. Legal notices and contacts **Publisher**: FD EDU, a SAS with share capital of €1,000, registered office: 3 Rue Joliot Curie, 91190 Gif-sur-Yvette, France, RCS Évry 884 027 079, VAT FR78884027079. **Contacts**: - Support: [support@evalmee.com](mailto:support@evalmee.com) - Personal data (DPO): [dpo@evalmee.com](mailto:dpo@evalmee.com) - Legal and general: [contact@evalmee.com](mailto:contact@evalmee.com) ## 3. Definitions - **User**: any natural or legal person using the Platform (Examiner or Participant). - **Examiner**: any person (teacher, trainer, member of an assessment centre, a training body or a professional certification body) who creates, configures, administers and/or marks Assessments. - **Participant**: any person (student, learner, candidate) sitting an Assessment. - **Assessment**: any test, exam, multiple-choice questionnaire, exercise or certification available on the Platform. - **Services**: all the features offered by Evalmee to create, organise, sit, monitor and mark Assessments. - **Data**: data, content, files and logs generated or processed in connection with the Services. ## 4. Acceptance of these Terms of Use Registering a Participant for an Assessment creates an account on the Platform. The Participant accepts these Terms of Use on first logging in and actually using the Platform. That acceptance covers the conditions of use of the Platform. It amounts neither to consent to the remote proctoring of an Assessment nor to a legal basis for it: the assessment arrangements and their basis are a matter for the Examiner, as controller, and must be brought to the Participant's attention before registration. If the Participant refuses, they should contact their Examiner. It is for the latter, as controller, to determine the applicable sitting arrangements and, where appropriate, the alternative or fallback procedure provided for in its own rules. ## 5. Description of the Services **For Examiners**: - Creation/import of exam papers (multiple-choice questionnaires, open questions, interactive exercises). - Configuration (duration, access, instructions, marking schemes, traceability and remote proctoring options). - Dashboards, assisted marking, export (Excel, PDF, LMS). **For Participants**: - Secure access to the Assessments assigned to them. - Sitting interface (desktop/mobile) and traceability of actions. Evalmee provides a **best-efforts obligation** as regards availability, security and fraud prevention. ## 6. Registration, account and access - Creation of an account with a username and a password; the User keeps them confidential. - Examiners may invite Participants (email, integrations, self-registration). - Participants access only the Assessments for which they are registered. - **Minors**: where minor Participants are registered, it is for the **Examiner**, as controller, to determine the applicable legal basis and to inform the holders of parental authority of the assessment arrangements, including remote proctoring, before registration. Where the processing rests on consent, the Examiner obtains that of the holder of parental authority under the conditions of article 8 of the GDPR. - Evalmee may suspend access in the event of non-compliant use. ## 7. GDPR roles and Data Processing Agreement (DPA) - The **Examiner** acts as **controller** of Participants' data. - **Evalmee** acts solely as a **processor** within the meaning of article 28 of the GDPR, on the Examiner's documented instructions. - The Examiner alone determines the purposes, the options enabled, the legal bases and the applicable retention periods; Evalmee takes no part in this. Evalmee's liability is assessed solely against the obligations incumbent on it as a processor, under the conditions set out in the DPA and in article 82 of the GDPR. - Requests to exercise rights are addressed in the first instance to the Examiner, as controller, who alone is able to answer them. A request received by Evalmee is passed on to the Examiner without delay, and Evalmee provides the assistance set out in article 28.3.e of the GDPR. The Participant retains the right to lodge a complaint with the CNIL, France's data protection authority. The arrangements for processing on the Examiner's behalf (security, sub-processors, assistance with data subject rights, transfers, audits) are set out in the [**Data Processing Agreement (DPA)**](https://evalmee.notion.site/26a80d73d8c0808cb71cd3de7da9cb90). In the event of any contradiction, the DPA and the Privacy Policy prevail on personal data matters. ## 7 bis. Declared capacity of the subscriber By accepting these Terms of Use, the Examiner declares that it acts either as controller of Participants' data for its own training courses, or with the authorisation of an identified controller, whose identity it discloses to Evalmee on request. It is accordingly for the Examiner to inform Participants of the applicable assessment arrangements before they register, and to make sure that the options it enables do fall within that capacity. Evalmee may suspend access to the remote proctoring options where that declaration is manifestly inaccurate. ## 8. Data protection and confidentiality - Evalmee processes personal data in accordance with the **GDPR** and applicable law. - The [**Privacy Policy**](/en/privacy-policy/), which is separate from these Terms of Use, describes the processing carried out, the data collected, the retention periods, the recipients and how rights are exercised. The [**Data Processing Agreement (DPA)**](https://evalmee.notion.site/26a80d73d8c0808cb71cd3de7da9cb90) supplements it as regards processing on the Examiner's behalf. - Exam data (submissions, results, remote proctoring recordings) is hosted in France and is not replicated outside the European Union. The list of sub-processors is appended to the Data Processing Agreement. - The Examiner warrants that it has a **legal basis** for registering Participants and processing their data. ## 9. Traceability of Assessments and remote proctoring - The Platform records **deterministic technical events** occurring on the Participant's device during the Assessment, according to the options enabled by the Examiner: leaving the exam window or switching to another application, leaving full screen, copy and paste, the presence of a second screen, the presence of a browser extension identified as risky. These events are time-stamped and brought together in an integrity report reserved for the Examiner. - **Additional options** may be enabled by the Examiner, as controller, and by the Examiner alone: recording of the webcam and the microphone during the Assessment; screenshots of the exam screen triggered by the events mentioned above, to the exclusion of any continuous video stream of the screen; identity verification under the conditions of article 9 bis. - Any activation of these options is visible to the Participant and requires prior information from the Examiner. - Evalmee never enables such recordings on its own initiative and acts solely as a **processor**. **What the Platform does not do.** No automatic analysis of the Participant's behaviour is carried out: no detection of gaze direction, no analysis of emotions or facial expression, no analysis of typing dynamics or rhythm. The processing covers the technical environment of the device and the activity within the Assessment, to the exclusion of the Participant's behaviour. No software taking control of the Participant's device is installed. **Risk score and absence of automated decision-making.** The events detected are aggregated into a **risk score** reserved for the Examiner and never disclosed to the Participant. That score interrupts no Assessment, reports no Participant of its own accord and on its own establishes no fraud. No decision producing legal effects or significantly affecting a Participant is taken solely on the basis of automated processing, within the meaning of article 22 of the GDPR: the Examiner reviews the integrity report and decides personally. The signals gathered are **leads to be investigated**. **Informing the Participant.** It is for the Examiner, as controller, to inform Participants before the Assessment, in accordance with article 13 of the GDPR: name of the controller, options enabled, data collected, retention period and how to exercise their rights. Evalmee provides a template privacy notice. That information does not amount to consent within the meaning of article 4 (11) of the GDPR and does not constitute the legal basis for the processing. ## 9 bis. Identity verification **9 bis.1 — Document-based check (all plans).** Where the Examiner enables this option, the Participant photographs, before accessing the Assessment, a document evidencing their identity and their face. The two images are compared by an authorised examiner of the Examiner, who personally confirms or rejects the identity. No biometric template is computed or kept and no processing falling under article 9 of the GDPR is carried out. **9 bis.2 — Automated verification (Organisation plan, on a quote basis).** On the Organisation plan only, and on a quote basis, automated identity verification may be deployed through a specialist provider. This option is **disabled by default**. It processes **biometric data within the meaning of article 9 of the GDPR** and can be enabled only by the Examiner, as controller, who is responsible for assessing its lawfulness. It is implemented subject to the following cumulative conditions: a single verification, before or after the exam, to the exclusion of any monitoring during it; a cohort of a size that makes individual human checking impracticable; a human verification alternative offered to any Participant who asks for it; specific prior information. No database of biometric templates is built. ## 9 ter. Options available by plan The self-serve plans (Mini, Pro, Max) give access to the technical events of article 9, to the recording of the webcam and the microphone, to event-triggered screenshots and to the document-based identity check of article 9 bis.1. Automated identity verification (article 9 bis.2), contractual retention periods and enhanced service commitments belong to the **Organisation** plan alone and are the subject of a specific quote and contract. Whatever the plan, the provisions of the Data Processing Agreement required by article 28 of the GDPR apply. A copy of the DPA in force may be obtained on request at [contact@evalmee.com](mailto:contact@evalmee.com). ## 10. Users' obligations ### Common obligations - Compliance with the law and with the rights of third parties. - Providing accurate and up-to-date information. - Not distributing unlawful or harmful content. - Not compromising the security, integrity or availability of the Platform. ### Examiners' obligations - Guaranteeing the lawfulness and the relevance of Assessments. - Complying with the GDPR (legal bases, informing Participants, retention, security). - Keeping results confidential. - Assuming their role as **controller** of personal data. ### Participants' obligations - Following the Assessment instructions. - Not committing fraud, understood as any behaviour intended to circumvent the instructions (use of prohibited tools, unauthorised communication, technical interference with the operation of the Platform). - Establishing and sanctioning fraud is a matter for the Examiner alone. ## 11. Intellectual property and limited licence - The Platform (code, design, databases) is the exclusive property of Evalmee. - The content created or imported by Examiners (exam papers, answer keys) remains their property; they grant Evalmee a limited licence for the provision of the Services. - Participants' answers remain their property; they are licensed to Evalmee on a limited basis for the performance of the Services. ## 12. Availability, maintenance and technical support The Platform is accessible 24 hours a day, 7 days a week, except during maintenance periods (scheduled or urgent) or in cases of force majeure. Evalmee endeavours, where possible, to warn Examiners ahead of scheduled operations. Technical support is available Monday to Friday from 9:00 to 17:30 (CET, excluding French public holidays), by email at [support@evalmee.com](mailto:support@evalmee.com) or through the built-in chat. In the event of a **major technical problem affecting the Platform**, Evalmee will make **reasonable efforts** to restore the service within timescales suited to the severity of the incident. Those timescales are **indicative** and do not constitute a contractual commitment. Educational compensation measures (a new session, an adjustment to marking) are the Examiner's responsibility. ## 13. Technical logs and traceability Time-stamped **technical logs** evidence the operations carried out on the Platform. The events they record and the risk score that summarises them are **leads to be investigated**, and not the establishment of fraud: they document an audit trail that the Examiner reviews personally. No consequence is drawn in respect of a Participant solely on the basis of an automatic signal. Access to remote proctoring recordings is logged. The logs are available to Examiners, who may use them to investigate a complaint. The Participant exercises their right of access to the data concerning them with the Examiner, as controller, under the conditions of article 15 of the GDPR. These logs are not kept beyond the periods set out in article 14. ## 13 bis. Use of artificial intelligence Evalmee uses artificial intelligence models supplied by third parties solely to assist with the drafting of exam papers and with marking. The content sent to these models is non-nominative. No User data is used to train models. No mark is awarded automatically without validation by the Examiner. Artificial intelligence plays no part at any point in the traceability, remote proctoring or identity verification features. ## 14. Retention, deletion and export of data The Examiner, as controller, defines and controls the retention periods applicable to Assessment data (submissions, answers, results, metadata). Evalmee acts solely as a processor, on the Examiner's instructions and under the terms of the DPA. Evalmee carries out no retention of exam data on its own account, with the exception of the **recordings produced by the remote proctoring features** (webcam, microphone, associated screenshots), for which a default retention period applies. These recordings are not subject to any biometric processing: no template is computed or stored. These recordings are deleted **three months** after the Assessment, on all plans (Mini, Pro, Max and Organisation), unless a different period is agreed under the conditions set out below. It is for the Examiner, as controller, to set the applicable retention period before the processing is carried out and to bring it to the attention of Participants. On the **Organisation** plan, the retention period may be set by the organisation acting as controller, provided that it is proportionate to what is at stake in the exam and communicated to Participants by their Examiner. Where disciplinary or legal proceedings are brought, the Examiner may ask for the recordings concerned to be kept until those proceedings end. The Examiner remains solely responsible for the export, the retention and the deletion of Assessment data. ## 15. Changes to these Terms of Use In the event of a substantial change, Evalmee gives **reasonable notice** (for example 15 days) and a **summary of the changes**. Continued use amounts to acceptance. ## 16. Term, suspension and termination - These Terms of Use apply for an indefinite term. - Evalmee may suspend or close an account in the event of a breach of these Terms of Use, a security risk, or upon a legal request. - The provisions on intellectual property, liability and data survive termination. ## 17. Miscellaneous - **Language**: these Terms of Use are written in French. The translations published on the site are provided for information only; in the event of any discrepancy, the French version prevails. - **Governing law**: French law. - **Jurisdiction**: the French courts, after an attempt at amicable settlement. However, the Participant remains free to assert their rights before the competent courts of their place of residence, in accordance with the applicable rules of private international law. - **Severability**: the invalidity of one clause does not affect the others. - **No waiver**: failure to exercise a right does not amount to a waiver of it. - **Assignment**: Evalmee may assign its rights and obligations in the context of a reorganisation (merger, acquisition, transfer of business).