VOB LLC (d/b/a Caliber Boards), including (without limitation) our website and other interactive properties through which the Services are delivered (collectively, the “Service”) are owned, operated and distributed by VOB LLC (referred to in this Privacy Notice as “VOB” or “we” and through similar words such as “us,” “our,” etc.). This Privacy Notice outlines the personal information that VOB may collect, how VOB uses and safeguards that information, and with whom we may share it.

VOB encourages our Candidates, faculty examiners (“Examiners”), customers, visitors, business associates, and other interested parties to read this Privacy Notice, which applies to all users. By using our Service or submitting personal information to VOB by any other means, you acknowledge that you understand and agree to be bound by this Privacy Notice, and agree that VOB may collect, process, transfer, use, and disclose your personal information as described in this Notice.

Further, by accessing any part of the Service, you are agreeing to THE TERMS AND CONDITIONS OF OUR TERMS OF SERVICE (the “Terms of Service”). IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY NOTICE OR OUR TERMS OF SERVICE, PLEASE DO NOT USE ANY OF THE SERVICES.

What personal information do we collect about you?

Personal information (also commonly known as personally identifiable information (PII) or personal data) is information that can be used to identify you, or any other individual to whom the information may relate.

The personal information that we collect directly from those registering for the Service, includes the following categories:

• Name and contact information (e.g. address; phone number; email, fax);
• Billing Information (e.g. credit card, bank account, billing contact information);
• Compensation information (e.g. bank account or other financial information necessary to compensate
• Order Information (e.g. current order/purchase information, purchase history);
• Work/Education information (e.g. company/employer; position/role; school(s) attended or attending; hospital/program details; residency information);
• Geographic or location information (as entered by you, not collected through GPS or other means);
• Information and images in Video Sessions engaged in on the website;
• Examiner evaluations of Candidates;
• Candidate evaluations of Examiners;
• Information contained in posts you may make on the public forums and interactive features of the Service;
• Other information that may be exchanged in the course of engaging with the Service. You will be aware of any subsequently collected information because it will come directly from you.

Video Sessions

Certain parts of the Service will facilitate a video recorded session. By choosing to engage with those aspects of the Service (as either Candidate or faculty examiner) you grant VOB permission to record your likeness in a photograph, video, or other digital media (“video”) and utilize that video for use on the Service without payment or other consideration (information obtained from such session broadly referred to as “Video Sessions”). You understand and agree that all Video Sessions will become the property of VOB and will not be returned to you or deleted upon termination of your relationship with VOB. By engaging in Video Sessions, you authorize VOB to edit, alter, copy, exhibit, publish, or distribute those Video Sessions for any lawful purpose, though VOB will not disclose such Video Sessions to the general public (i.e. outside paid users of the Service) or for marketing purposes. In addition, you waive any right to inspect or approve the finished product where your likeness appears. Additionally, you waive any right to royalties or other compensation arising or related to the use of the Video Sessions. Depending on the jurisdiction in which you are located, you may have the option of expressing privacy rights as described in this Notice with regard to those Video Sessions.

Collection of User Generated Content

We may invite you to post content on the Service, including your comments about the service and any other information that you would like to be available through various non-video interactive properties on the Service, which may become public (“User Generated Content”). VIDEO SESSIONS, AS DESCRIBED IN THE PREVIOUS SECTION, ARE NOT CONSIDERED USER GENERATED CONTENT. If you post User Generated Content, all of the information that you post will be available to authorized personnel of VOB and may become public outside of paid Users of the Service. You expressly acknowledge and agree that we may access in real-time and store archives of any User Generated Content on our servers to make use of them in connection with the Service. If you submit a review, recommendation, endorsement, or other User Generated Content through the Service, or through other websites including Facebook, Instagram, Google, Yelp, and other similar channels, we may share that review, recommendation, endorsement or content publicly on the Service and or utilize such content for marketing purposes.

What are the sources of personal information collected by VOB?

When providing personal information to VOB as described in this Notice, that personal information is collected directly from you, and you will know the precise personal information being collected by us. VOB does not collect personal information from any other sources, except where it may automatically be collected as described in the section titled “Cookies, Device Data, and How it is Used,” the degree to which the information in that section is considered personal information.

How does VOB use personal information?

Subject to the terms of this Privacy Notice, VOB uses the above-described categories of personal information in several ways. Unless otherwise stated specifically, the above information may be used for any of the following purposes:

• to facilitate your Examiner or Candidate relationship with VOB;
• to administer the Service to you as a Candidate;
• to compensate you as an Examiner;
• to evaluate Examiners and provide feedback obtained from Candidates;
• to facilitate Candidate feedback from Examiners;
• to respond to your requests;
• to distribute communications relevant to your use of the Service, such as system updates or information about your use of the Service;
• as may be necessary to support the operation of the Service, such as for billing, account maintenance, and record-keeping purposes;
• to send to you VOB solicitations, product announcements, and the like that we feel may be of interest to you (you may “opt out” of receiving these marketing materials)
• in other manners after subsequent notice is provided to you and/or your consent is obtained, if necessary.

VOB does NOT sell, re-sell, or distribute for resale your personal information.

How do we share your Personal Information with third parties?

We may provide any of the described categories of personal information to VOB employees, consultants, affiliates or other businesses or persons for the purpose of processing such information on our behalf in order to provide the Service to you. In such circumstances, we require that these parties agree to protect the confidentiality of such information consistent with the terms of this Privacy Notice.

In the course of engaging in sessions on the website, your personal information will be shared with the other party engaged in the session. For Candidates, your relevant background and resume information may be shared with the Examiner in order to conduct a more thorough and realistic Video Session. For Examiners, your background information may also be shared with the Candidate.

We will not share your personal information with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you have the ability to opt-in or opt-out.

In addition, we may release personal information: (i) to the extent we have a good-faith belief that such action is necessary to comply with any applicable law; (ii) to enforce any provision of the Terms of Service , protect ourselves against any liability, defend ourselves against any claims, protect the rights, property and personal safety of any user, or protect the public welfare; (iii) when disclosure is required to maintain the security and integrity of the Service, or to protect any user’s security or the security of other persons, consistent with applicable laws (iv) to respond to a court order, subpoena, search warrant, or other legal process, to the extent permitted and as restricted by law; or (v) in the event that we go through a business transition, such as a merger, divestiture, acquisition, liquidation or sale of all or a portion of our assets.

How long will VOB retain your information?

VOB will retain your personal information only for as long as is necessary for the purposes set out in this Notice. We will retain and use personal information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

With regard to session recordings, VOB retains all rights to those recordings for VOB’s future use in educating and evaluating Candidates and Examiners. VOB may choose to retain such information after your relationship with VOB has ended. VOB will not retain session records to share with third parties for commercial use, and the retention is limited to the purpose of improving and providing the Service to subsequent Candidates. To the degree it is possible, VOB will remove personal information identifying the individuals in Video Sessions  retained, though it will be impossible to remove all personal information because the Video Session may include images of you.

VOB will also retain usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our web-based Service, or we are legally obligated to retain this data for longer periods.

Cookies, Device Data, and How it is Used

When you use our Service, we may record unique identifiers associated with your device (such as the device ID and IP address), your activity within the Service, and your network location. VOB uses aggregated information (such as anonymous user usage information, cookies, IP addresses, browser type, clickstream information, etc.) to improve the quality and design of the Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. Specifically, we may automatically collect the following information about your use of Service through cookies, web beacons, and other technologies:

• domain name
• browser type and operating system
• web pages you view
• links you click
• IP address
• the length of time you visit the Sites, Portals, and/or Services
• the referring URL or the webpage that led you to the Sites

We may also collect information regarding application-level events, such as crashes, and associate that temporarily with your account to provide customer service. In some circumstances, we may combine this information with personal information collected from you (and third-party service providers may do so on behalf of us).

In addition, we may use “cookies,” clear gifs, and log file information that help us determine the type of content and pages to which you link, the length of time you spend at any particular area of the Service, and the portion of the Service you choose to use. A cookie is a small text file that is sent by a website to your computer or mobile device where it is stored by your web browser. A cookie contains limited information, usually a unique identifier and the name of the site. Your browser has options to accept, reject or provide you with notice when a cookie is sent. Our cookies can only be read by VOB; they do not execute any code or virus; and they do not contain any personal information. Cookies allow VOB to serve you better and more efficiently, and to personalize your experience with the Service. We may use cookies for many purposes, including (without limitation) to save your password so you don’t have to re-enter it each time you visit the Service, and to deliver content (which may include third party advertisements) specific to your interests.

We may use third party service providers to help us analyze certain online activities. For example, these service providers may help us measure the performance of our online campaigns or analyze visitor activity on the Service. We may permit these service providers to use cookies and other technologies to perform these services for VOB. We do not share any personal information about our customers with these third-party service providers, and these service providers do not collect such information on our behalf. Our third-party service providers are required to comply fully with this Privacy Notice.

International Data Transfer

If you are located outside the United States, in particular if you are located in Switzerland, the United Kingdom, Brazil, South African, the European Economic Area (“EEA”), or other countries with specific data protection laws, please note that we and our servers are located in the United States. Any information that you provide to us may be transferred to and processed in the United States or other countries around the world where we do business. Although this may include recipients of information located in countries where there may be a lower level of legal protection for your personal information than in your country, we will aim to protect your information in accordance with requirements applicable to the law in your particular jurisdiction and take steps to only share with third parties that offer similar protection. By using our Service, you unambiguously consent to your information being collected, processed, used, and transferred as disclosed herein.

European Union Data Privacy Rights

If you are located in the EEA, the General Data Protection Regulation (“GDPR”) grants you certain rights under the law. In particular, the right to access, correct, and delete the personal information we hold about you. VOB will retain your personal information for the length of time you engage with our Services as described in the retention section of this Notice, until you request deletion of such personal information.

In certain circumstances, you have the following data protection rights:

• The right to access, update, or delete the personal information we have on you.
• The right of rectification. You have the right to have your personal information rectified if that information is inaccurate or incomplete.
• The right to object. You have the right to object to our processing of your personal information.
• The right of restriction. You have the right to request that we restrict the processing of your personal information.
• The right to data portability. You have the right to be provided with a copy of the personal information we have on you in a structured, machine-readable and commonly used format.
• The right to withdraw consent. You also have the right to withdraw your consent at any time where we relied on your consent to process your personal information.

In order to make a request regarding your personal information, please contact privacy@caliberboards.com.

If you have a comment, question, or complaint about how we are handling your personal information, we hope that you contact us at privacy@caliberboards.com in order to allow us to resolve the matter. In addition, if you are located in the EEA, you may submit a complaint regarding the processing of your personal information to the EU data protection authorities (each a “DPA”). The following link may assist you in finding the appropriate DPA: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

Legal Basis for Processing under GDPR

If you are located in the EEA, our legal basis for collecting and using the personal information described in this Notice depends on the personal information we collect and the specific context in which we collect it.

We may process personal information because:

• We need to perform a contract with you;
• You have given us consent to do so;
• The processing is in our legitimate interest to offer the Service, when that legitimate interest is not overridden by your rights;
• To comply with the law.

Where personal information is processed based on consent, EU residents have the right to withdraw such consent at any time. To do so, please contact us as described in this Notice. If there is a different legal basis that would permit us to continue processing your personal information after withdrawing consent, we will notify you of that legal basis at the time of your request.

California Privacy Rights

If you are a California resident, California law may provide you with certain rights with regard to your personal information under the California Consumer Privacy Act (“CCPA”). VOB is committed to compliance with the CCPA, though due to VOB’s size, the CCPA may not be fully applicable to the personal information exchanged in your relationship with us. While VOB treats the personal information of all users with the same degree of care, you may not be eligible for all the rights described below.

Throughout this Privacy Notice you will find information required by CCPA regarding the categories of personal information collected from you, the purposes for which we use personal information, and the categories of third parties your data may be shared with. This information is current as of the date of the Notice and is applicable in the 12 months preceding the effective date of the Notice.

As a California resident, the CCPA provides you the ability to make inquiries regarding  your personal information. Specifically, the degree to which the information is not already provided in this Privacy Notice, you have the right to request disclosure about the collection and use of your personal information over the past 12 months, including:

• The categories of personal information collected about you.
• The categories of sources for the personal information collected about you.
• The business or commercial purpose for collecting your personal information.
• The categories of third parties with whom your personal information was shared.
• The specific pieces of personal information collected about you.
• If your personal information was disclosed for a business purpose, the personal information categories disclosed and the categories of third parties to which the information was disclosed.
• If your personal information was sold in the past 12 months, the personal information categories sold and the categories of third parties to which the information was sold.

Please note that you may only make the above requests twice in a 12-month period. You also have the right to request that any of your personal information collected and retained be deleted, subject to certain exceptions. Finally, you have the right to not receive discriminatory treatment by VOB or any business for exercising any of the rights provided under CCPA.

You may submit a request regarding your rights under CCPA by contacting us at one of the following: privacy@caliberboards.com.

If we receive a CCPA request from you, we will first make a determination regarding the applicability of the law, and we will then take steps to verify your identity prior to responding. The steps to verify your identity may vary based on our relationship with you, but, at a minimum, it will take the form of confirming and matching the information submitted in the request with information already held by VOB and/or contacting you through previously used channels to confirm that you submitted the request (i.e. confirming identity through contact information that we have on file, not the contact information submitted to make the request).

Your rights as stated here can also be exercised by an authorized agent on your behalf. VOB will follow the standards set by the Attorney General of California regarding designation of an authorized agent to exercise rights under CCPA. You may want to review information available from the Attorney General regarding how an individual can be designated as an authorized agent under CCPA.

In addition to CCPA, California Civil Code Section 1798.83 permits users of the Website who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us as described here.

Third Party Advertisers

We may allow other companies, called third-party ad servers or ad networks, to serve advertisements within the Service. These third-party ad servers or ad networks use technology to send, directly to your device, the advertisements and links that appear on the Service. They automatically receive your device ID and IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content you see. You should consult the respective privacy policies of these third-party ad servers or ad networks for more information on their practices and for instructions on how to opt-out of certain practices. This Privacy Notice does not apply to them, and we cannot control their activities.

Information Storage and Security

We employ industry-standard security measures designed to protect the security of all information submitted through the Service. However, the security of information transmitted through the internet or via a mobile device can never be guaranteed. We are not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data.

Users of the Service are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of the Service. In order to protect you and your information, we may suspend your use of any of the Service, without notice, pending an investigation, if any breach of security is suspected.

External Links

The Service may contain links to other websites maintained by third parties. Please be aware that we exercise no control over linked sites and VOB is not responsible for the privacy practices or the content of such sites. Each linked site maintains its own independent privacy and data collection policies and procedures, and you are encouraged to view the privacy policies of these other sites before providing any personal information.

You hereby acknowledge and agree that VOB is not responsible for the privacy practices, data collection policies and procedures, or the content of such third-party sites, and you hereby release VOB from any and all claims arising out of or related to the privacy practices, data collection policies and procedures, and/or the content of such third-party sites.

Children’s Privacy

The Service is not intended for children under the age of 13, and VOB does not knowingly collect the personal information of children under the age of 13.

Changes to this Privacy Notice

VOB reserves the right to modify this Privacy Notice from time to time in order that it accurately reflects the regulatory environment and our data collection principles. When material changes are made to this Privacy Notice, VOB will post the revised Notice on our website. This Privacy Notice was last modified as of February 15, 2021.

Contact Us

If you have any questions or comments about this Privacy Notice or the Service provided by VOB, please contact us at: privacy@caliberboards.com.