GIAC, LLC CANDIDATE AGREEMENT

Updated 05/24/2023

The Global Information Assurance Certification ("GIAC") program administered by GIAC, LLC (the “Company”) is among the most comprehensive information security certification programs in the world. Accordingly, we take our responsibilities to candidates very seriously. In return, we expect our candidates to adhere to the highest level of commitment and abide by our rules and policies for registration, test administration, and all other aspects of the program related to your attempt to earn a GIAC certification (“GIAC Certification”), or take any exam, test, or assessment (each a “GIAC Exam”) using the GIAC Exam Engine or other similar technologies used by the Company (collectively referred to as the “GIAC Exam Engine”). This Candidate Agreement ("Agreement") serves to set forth both our responsibilities to you and your obligations as a candidate. By registering for a GIAC Exam, you agree to be bound by the following terms and conditions of this Agreement as acknowledged by clicking the “I Accept” button below:

Agreement to GIAC Program Rules

I hereby acknowledge and agree that the purpose of the GIAC Exam I have registered for is to evaluate my skills in one or more content domain(s). I acknowledge that I have been provided with, had the opportunity to review, and agree to abide by all the GIAC policies, procedures, and guidelines ("GIAC Program Rules") available at https://www.giac.org/policies prior to taking any GIAC Exam. Such GIAC Program Rules include, but are not limited to, policies, procedures and guidelines related to privacy, the retake process, disability policy, appeals procedure, and the GIAC Code of Ethics. I understand the GIAC Program Rules are subject to change, and to access the current versions of any particular GIAC policy, procedure or guideline, I can visit https://www.giac.org/policies.

 I understand that the Agreement will be required to be reviewed and agreed to by me again any time I register to take any GIAC Exam using the GIAC Exam Engine to ensure that I am fully aware of all requirements, obligations, and rights I have, and as a reminder of all this information prior to taking a GIAC Exam. Accordingly, I understand that whenever I register for a GIAC product, or other GIAC Exam using the GIAC Exam Engine, I am obligated to read all the GIAC Program Rules at that time. I further understand that GIAC Exam attempts are non-transferable to any other person.

Privacy and GIAC Data Sharing

I acknowledge that I have read and agree to abide by the GIAC Privacy Policy, (www.giac.org/privacy) including its provisions to comply with applicable data privacy laws. By registering for a GIAC Exam, I give my affirmative consent for the Company to collect and use my personal information as provided in its Privacy Policy, including to arrange for, administer, and provide results from, the GIAC Exam for which I am registering.

Further, I understand that, once I begin a GIAC Exam, if I attempt to withdraw my consent to the Company’s collection or use of my personal information, the Company will score that GIAC Exam as if it were completed and provide such GIAC Exam results to any entities or individuals which I have designated to receive those GIAC Exam results. Furthermore, I understand that my rights, specifically for correction of my personal information and deletion of my personal information, may be adversely affected by the fact that my GIAC Exam results may already have been processed, which I agree constitutes a legitimate basis for the Company to retain my GIAC Exam answers, as well as any GIAC Certification status and/or results of any GIAC Certification attempt, and to share that information with the appropriate test programs, clearing houses and/or others I previously designated should receive that information, or consented to receiving that information under this Agreement as described below.

I agree and understand that the Company has the right to disclose or share my GIAC Certification progress, exam appointment date, exam deadline, and the GIAC Exam scores, GIAC Certification status, and/or the results of any GIAC Certification attempt (hereafter collectively referred to as "GIAC Data") ONLY with: (a) me; (b) the entity that the Company determines, using commercially reasonable practices, directly or ultimately paid for my training to take the GIAC Exam or other related GIAC product or service; or (c) with any individual or entity that I have designated to receive my GIAC Data ((a), (b) and (c) collectively referred to as the “Permitted Entities”). The Company shall release to such Permitted Entities only appropriately limited GIAC Data, subject to the commitment by such Permitted Entities to keep GIAC Data confidential and not to further disclose it to any third party without my express written consent.

I agree that, when the Company shares my GIAC Data with Permitted Entities in accordance with the Privacy Policy and/or this Agreement, that I have no legal rights against the Company for any use or sharing of the GIAC Data by those Permitted Entities. Accordingly, I agree to indemnify and hold the Company harmless against any claims of damages suffered by me due to the use or sharing of the GIAC Data by the Permitted Entities, whether based on my GIAC Data alone or in combination with any other factors, whether those damages were foreseeable or whether the Company was aware that I might suffer such damages.

Further, in regards to my right to have my personal information exported to others, including other testing programs and clearing houses, I agree and understand that my data export requests to the Company may be denied or adversely impacted where (a) the Company has no existing relationship with such other testing program or clearing house, (b) there is no data exchange interoperability with such other testing program or clearing house, or (c) such other testing program or clearing house will not accept any personal information from the Company because it requires such information to be provided directly by the individual candidate. I understand that in other situations, the Company will consider if it can meet my requests for data export to an outside party using commercially reasonable efforts and where legally permissible.

GIAC Exams, Retesting and Prohibited Content Sharing

With respect to the GIAC Program Rules concerning my right to appeal GIAC Exam results and retesting, I acknowledge and agree that the Company in its sole discretion has the right to: (1) use my GIAC Exam results, the proctor's report, and/or any information surrounding my GIAC Exam administration to conduct any investigation into any improprieties or score irregularities that may come to light, as well as to answer any questions I may have about my GIAC Exam score, and/or as part of any appeal I make to my GIAC Exam score; and (2) invalidate my initial GIAC Exam results and/or require me to retest if the Company determines that sufficient factors exist that call into question the accuracy of my GIAC Exam score and/or issuance of any GIAC Certification. If I have any questions about my GIAC Exam score and/or GIAC Certification issuance, including any retest determined by the Company to be required, I agree to abide by the appeals process in the GIAC Program Rules for any rights I may have to appeal my GIAC Exam score or GIAC Certification decisions. I acknowledge and agree I have an obligation to cooperate with Company investigations as described above and provide requested information.

I further acknowledge and agree that the Company shall have the right to use my GIAC Exam results to conduct research on future modifications to the assessments or for academic study; provided, any such research or academic situation shall be conducted using anonymous data so that none of my personally-identifiable information (e.g., name, address, telephone number or other information from which my identity can be determined) is disclosed to anyone outside of the Company who has not been designated by me.

I understand and agree that any and all GIAC Exam testing materials, including all electronic media used in the administration of any GIAC Exam provided to me and/or all of my GIAC Exams (whether completed or not), become the exclusive property of the Company and that the Company will maintain them as strictly confidential, subject to the above-mentioned rights of the Company. I agree that I will only claim to hold the GIAC Certifications that I earned and to only claim to be proficient in the content areas covered by the GIAC Certifications I have earned.

In light of the above, I understand and agree that I shall not release, disclose or share the content of any GIAC Exam to any other party under any circumstance, including the use of social media, nor shall I attempt to copy, photograph, reconstruct, print, distribute, resell, or use the content of any GIAC Exam, including GIAC Exam content shared with me from another source, inasmuch as such GIAC Exam questions and protocols are copyrighted materials of GIAC or any GIAC-affiliated entity. I acknowledge and agree that the release by me of any GIAC Exam questions or protocols would compromise the validity, integrity, and commercial value of the GIAC Exams. Furthermore, I acknowledge and agree that I may be held liable for any damages the Company incurs as a result of my breach of this provision.

GIAC Exam Testing Modality

I understand and agree that the Company has discretion to require the testing modality for any GIAC Exam, including whether to permit me to take any GIAC Exam online or in person at a specific location. I understand and agree that online testing for a GIAC Certificate is a privilege and not a right and that the Company in its sole discretion may require me to take a GIAC Exam for a GIAC Certification in person and at a specific location without explanation.

GIAC Code of Ethics and Identity Verification

Finally, with respect to all of the obligations and requirements to which I have agreed to abide to in this Agreement, I further acknowledge that those obligations and requirements are also embraced within the GIAC Code of Ethics to which I am bound, as a candidate and after I receive any GIAC Certification.

As part of the registration and GIAC Exam testing process, I will provide all relevant information to the Company to verify that I am the individual who has registered to take this GIAC Exam in consideration of my right to have it scored in accordance with the terms of this Agreement and applicable GIAC Program Rules, and for the Company to issue any GIAC Certification to which my score may entitle me. I understand and agree that the Company shall be entitled to take all commercially reasonable steps to verify and authenticate my identity for purposes of assuring that I am who I say I am and that I have the right to take any GIAC Exam for which I have trained or otherwise registered.

Governing Law and Jurisdiction

I acknowledge and agree that my participation in any GIAC Exams or training to take a GIAC Exam is deemed to be solely based in Maryland, U.S.A. and that my participation in any GIAC Exam or training to take a GIAC Exam does not give rise to personal jurisdiction over the Company other than in Maryland, U.S.A. This Agreement shall be construed in accordance with the laws of Maryland, U.S.A. and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with such laws. I hereby irrevocably consent to the exclusive personal jurisdiction and venue in the state and federal courts located in Maryland, U.S.A. Both the Company and I agree to exclude the application of the Uniform Computer Information Transactions Act (“UCITA”), the United Nations Convention on the International Sale of Goods (“CISG”) and any law of any jurisdiction that would apply UCITA or CISG or terms equivalent to UCITA or CISG to this Agreement.