Assessdo is committed to protecting the privacy of its Clients and their End Users by making the security and integrity of the data we collect a top priority.
Assessdo does not use client or end user confidential information for any purpose other than to provide Electronic Services. All Client confidential information is held in confidence in accordance with both the Health Insurance Portability and Accountability Act (HIPPA), the Family Educational Rights and Privacy Act (FERPA), as well as applicable state laws and regulations. At termination of the Client demo period and at the request of the Client, Assessdo shall destroy any confidential information belonging to the Client and still in Assessdo’s possession. Confidential information is considered to be any information that identifies a particular person or particular institution.
SEEKING CLARITY OF PERCEPTION
Clients include instructors, counselors, teachers, therapists, athletic directors, coaches, and other stakeholders using Assessdo data capable of taking next actionable steps of end users.
OWNERSHIP OF INTELLECTUAL PROPERTY
All site software, design, text, images, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the “Material”) are the property of Assessdo LLC and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Assessdo LLC. hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of Assessdo LLC. Use of Assessdo LLC and/or its licensors’ Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
To the extent that portions of this Site provide users an opportunity to post information, ideas and opinions (the “Postings”), please be advised that Postings do not necessarily reflect the views of Assessdo LLC.. In no event shall Assessdo LLC. assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You hereby authorize Assessdo LLC. to use, and authorize others to use, your Postings in whole or in part, on a royalty-free basis, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, Assessdo LLC. will have the right to use the postings in any manner that BARIN Technologies Inc. may determine. Assessdo LLC. does not allow Postings which contain:
- profanity or obscenities
- personal attacks on other individuals
- slanderous, defamatory, obscene, pornographic, threatening and harassing comments;and/or
- other information that BARIN Technologies Inc. deems in its sole discretion to be inappropriate for this Site.
The Assessdo software platform may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Assessdo LLC. periodically monitors the content posted on this Site. Assessdo LLC. will make every effort to ensure that the Assessdo software platform best serve the interests of all users and, therefore, Assessdo LLC. reserves the right to refuse to post, edit, or delete messages that violate the above-referenced rules, as well as revoke the privileges of users who do not comply with such rules.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ASSESSDO LLC. IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE INFORMATION AND MATERIAL CONTAINED ON THIS SITE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ASSESSDO LLC.., ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY ASSESSDO LLC. OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall Assessdo LLC. liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.
THIRD PARTY HYPERLINKS
The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by Assessdo LLC., its subsidiaries and affiliates of the opinions or views expressed by these third-party websites and Assessdo LLC.. does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, Assessdo LLC. is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither Assessdo LLC. nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, Assessdo LLC. will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party hyperlinked sites.
ADS AND MALWARE
We take great care and pride in creating this Site. We are always on the lookout for technical glitches that affect how the Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that affect how you see our Site–and that is beyond our control.
If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware–short for MALicious softWARE–is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit.
We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of Malware.
- Update your computer via Windows Update (found in the Tools menu in your Internet Explorer web browser).
- Install a SpyWare Removal Tool such as Spybot Search & Destroy or AdAware to clean your computer of Malware.
- Install antivirus software, such as Norton anti-virus or McAfee Antivirus Software.
- Install Microsoft Security Essentials.
Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.
You agree to indemnify, defend and hold harmless, BARIN Technologies Inc., its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you. BARIN Technologies Inc. reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with BARIN Technologies Inc. in asserting any available defenses.
APPLICABLE LAW, VENUE, JURISDICTION
The Agreement and the relationship between you and BARIN Technologies Inc. shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. For any dispute arising under this Agreement, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in the State and County of Georgia. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Assessdo LLC. operates and controls this Site from the United States of America. This Site is intended for residents of the United States only. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. If you believe that the Site contains elements that infringe your copyrights in your work, please contact us immediately.
WHAT INFORMATION DO WE PROCESS AND HOW WE COLLECT IT?
We collect two types of information when you are using our Software:
- The first type of information is information that identifies an individual or may with reasonable effort identify an individual (“Personal Information”), which includes the following:
- Client’s Information: We may collect contact information (including Personal Information) from you when you register on our site, subscribe to our newsletter, register for an event, respond to a survey or fill out a form.
- Feedback: When you allow us (or our trusted third party service providers) to receive your End Users’ feedback and rating with regard to Software (“Feedback”), we may gather Personal Information which may include the following: email address of the End User, End User’s full name, End User’s IP address, and the End User’s email. In addition, we may collect Personal Information which your End User voluntarily shares with us when he/she sends us Feedback (e.g., identifying content, images, etc.).
- End Users’ Information: In order to provide our Software as a Service (“SaaS”) products, we will collect Personal Information about your End Users, including their account details, IP addresses, MAC addresses, user agent, identifiers issued by Client, path of files and file names. Under certain applicable privacy laws, some of this metadata may be considered Personal Information.
- The second type of information is non-identifiable information pertaining to you or to your End Users, which may be made available or gathered via your use of the Software (“Non-Personal Information”). We are not aware of the identity of the user from which the Non-Personal Information was collected. Non-Personal Information which is being collected may include usernames, directory names, server names, share names, file names, configurations, logs related to Software and Client (e.g. event logs), browsing events and technical information transmitted by your device or your End Users’ devices, including certain software and hardware information (e.g., the type of browser and operating system the device uses, language preference, access time and the domain name from which you or your End Users are linked to the Software; etc.).
In addition, when you allow us (or our trusted third party service providers) to receive your End Users’ Feedback with regard to Software, we may gather Non-Personal Information which may include the following: Feedback rating, Feedback tags, Feedback text, browser type and language, operating system, viewport of the screen, page URL on which the Feedback has been given, screenshot of the screen on which Feedback was provided (with all textual strings redacted), and our clients.
We are not aware of the identity of the Client or End User from which the Non-Personal Information was collected.
Please note that when the Software is deployed by our Clients, it analyzes unstructured data that is stored on the Clients’ platforms. The Clients maintain sole ownership of this data and determine their own policies regarding the storage, access, deletion, sharing and retention of this data. This data is hosted and stored only on the Clients’ servers (not on the Company’s servers).
HOW DO WE USE THE INFORMATION WE COLLECT?
In addition to the purposes listed herein, the information we collect, which may include your Personal Information, is used for legitimate business purposes, only to the extent required or otherwise reasonably necessary for one or more of our functions or activities, and while maintaining your right to privacy. Such legitimate business purposes include:
• Setting up your account and to provide our services to you and to your End Users;
• Identifying and authenticating End Users’ access to the Software;
• Obtaining End Users’ Feedback with regard to the Software;
• Improving our Software;
• If we enter into a business transaction such as a merger, acquisition, reorganization, bankruptcy, or sale of some or all of our assets;
• Supporting and troubleshooting our Software and to respond to queries; and
• For other purposes for which we obtain your consent.
In addition, we may use and/or disclose Personal Information, or any information you submitted to us, if we have a good faith belief that use and/or disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, court/tribunal order, regulation, legal process, including alternative dispute resolution process, or governmental request; (ii) enforce our policies, including investigations of potential violations thereof; (iii) investigate, detect, prevent or take action regarding illegal activities or other wrongdoing, suspected fraud or security issues; (iv) to establish or exercise our rights to defend against legal claims; (v) lessen or prevent harm or serious threat to the rights, property life, health or safety of us, our users, yourself or any third party; (vi) locating a person reported as missing; or (vii) for the purpose of collaborating with law enforcement agencies or in case we find it necessary in order to enforce intellectual property or other legal rights.
WHAT ARE THE CONDITIONS FOR PROCESSING OF PERSONAL INFORMATION?
We will process your Personal Information based on the following legal basses, each of which is prescribed by relevant data protection laws.
• Performance of a contract, compliance with a legal obligation: We will process your Personal Information where it is necessary for the performance of a contract (such as for our agreement) or in order for us to comply with our various legal and/or regulatory responsibilities.
• Legitimate interests: We also process your Personal Information where we deem such processing to be in our (or a third party’s) legitimate interests and provided always that such processing will not prejudice your interests, rights and freedoms. Examples of us processing in accordance with legitimate interests would include: (i) where we disclose your Personal Information to any one or more of our associate/subsidiary companies following a restructure or for internal administrative purposes; (ii) processing for the purposes of ensuring network and information security, including preventing unauthorized access to our electronic communications network; (iii) sharing personal information with our advisers and professional services providers (such as auditors).
• Consent: On certain occasions we may ask for your consent to processing Personal Information. In these instances, your Personal Information will be processed in accordance with such consent and you will be able to withdraw this consent in writing at any time. If you reside in Singapore, we will process your Personal Information only where we have your consent or “deemed consent”, unless such processing is required under applicable laws or where the legitimate interest exception applies.
WITH WHOM WE SHARE THE INFORMATION WE COLLECT; INTERNATIONAL DATA TRANSFERS
We may transfer or disclose Personal Information to our subsidiaries and other affiliated companies. In addition, Client’s and End User’s Personal Information may be disclosed to other trusted third party service providers or partners for the purpose of: (i) storing Personal Information on our behalf (e.g., cloud computing service providers); (ii) assisting us with our business operations and Software and improving it (e.g., processing and analyzing End Users’ Feedback); and (iii) performing research, technical diagnostics and analytics with regard to the Software.
Since we operate globally, it may be necessary to transfer, store and process Personal Information in other countries in which we or our affiliates, subsidiaries or service providers maintain facilities, such as the United States, Israel, United Kingdom, Australia, Singapore and the European Union (in particular, France, Germany, Ireland, Netherlands, Belgium and Luxemburg). The data protection and other laws of these countries may not be as comprehensive as those in your jurisdiction of residence. EU and UK residents, please note that we may transfer your personal information to countries outside the EEA or the UK In these instances, we will take steps, as required by applicable law, to ensure that a similar level of protection is given to Personal Information, including, when applicable, through contractual means (for example, when the GDPR or UK law applies, we will rely on the standard contractual clauses approved by the European Commission for data transfers, the UK International Data Transfer Addendum (IDTA), or transfer data only to recipients located in jurisdictions which were granted an “adequacy decision” with regard to their level of protection of personal data by the European Commission).
We may also disclose your information when we believe disclosure is required to comply with the law, enforce our policies or protect ours or others’ rights, property or safety.
THIRD PARTY COLLECTION OF INFORMATION
Our policy only addresses our use and disclosure of personal information from you and from your End Users through the Software (as described under the “With whom we share the information we collect” section herein). To the extent that you or your End Users disclose your information to other parties through the Software, different rules may apply to their use or disclosure of the information disclosed to them.
HOW LONG DO WE RETAIN THE INFORMATION WE COLLECT?
As for the retention of the Subscriber Data (as defined in the Subscription Service Agreement of our SaaS products) – our default retention policy is a sliding window of 180 days during the subscription term (unless a longer period was approved by Varonis, at its sole discretion). Upon the end/termination of the subscription term, Subscriber Data which was held by Varonis at such time shall be kept by Varonis for a period of 30 days after termination of the subscription.
We may rectify or remove incomplete or inaccurate information, at any time and at our own discretion.
At any time, you may request to view, change and update your Personal Information by contacting us in one of the ways described in the ‘How to contact us’ section below.
HOW DO WE SAFEGUARD YOUR INFORMATION?
We are committed to making reasonable efforts, in accordance with market best practices, to ensure the security, confidentially and integrity of the Personal Information. We take great care in implementing and maintaining the security of the Software and the Personal Information. Access to the Personal Information is based on the ‘least to know’ concept together with role-based access control systems, ensuring only authorized access to the Personal Information. We employ market best practice security measures to ensure the safety of your End Users’ Personal Information and prevent unauthorized use of any such information. Although we take steps to safeguard such information, we cannot be responsible for the acts of those who gain unauthorized access or abuse our Software, and we make no warranty, express, implied or otherwise, that we will prevent such access. If a password is used to help protect your accounts and Personal Information, it is your responsibility to keep your password confidential.
WHAT ARE YOUR RIGHTS?
Certain jurisdictions provide individuals with certain statutory rights to their Personal Information. To the extent these rights apply to you, you may exercise the following rights with respect to your Personal Information:
• To receive confirmation as to whether or not Personal Information concerning you is being processed, and access your stored Personal Information, together with certain supplementary information.
• To receive Personal Information you directly volunteer to us in a structured, commonly used and machine-readable format.
• To request rectification of your Personal Information that is in our control.
• To request erasure of your Personal Information.
• To object to the processing of Personal Information by us.
• To request to restrict processing of your Personal Information by us.
However, please note that these rights are not absolute, and may be subject to our own legitimate interests and regulatory requirements.
If you wish to exercise your data protection rights or raise a complaint on how we have handled your Personal Information, you can contact us as set forth below. In addition, you have the right to lodge a complaint with the supervisory authority, as detailed below.
The Software is not designated to End Users under the age of majority (as determined under the applicable laws where the individual resides; “Age of Majority”). In the event that we become aware that End Users under the Age of Majority have shared any information, we will discard such information. If you have any reason to believe that a minor has shared any information with us, please contact us as set forth below.
PROVIDING AUTHENTIC PERSPECTIVES
End users include students, employees, athletes, parents, communities, teachers, teams, classrooms, and departments providing perspective data to the clients.
1.1 “Affiliate” means any entity controlled, directly or indirectly, by, under common control with, or controlling, a party, and specifically includes without limitation, subsidiaries, partnerships, joint ventures, and other entities or operations for which the party has operational or management control. For the purposes of this definition, “control” means the power to direct, or cause the direction of, the management and policies of such entity whether by contract, law, or ownership of the majority of the voting shares or assets of another entity.
1.2 “Aggregated Data” means End User Data that is (i) anonymized, and not identifiable to any person or entity, (ii) combined with the data of other customers or additional data sources, and (iii) presented in a manner from which Customer’s or Authorized Users’ identity may not be derived.
1.3 “Authorized User” means an employee, agent, contractor, or other third party authorized by End User and/or its Affiliates to access, use, download, deploy, or install the Products.
1.4 “End User Data” means all data or information submitted by or on behalf of End User to the Products.
1.5 “Deployment Services” means the deployment services for the Products provided by Assessdo to End User.
1.6 “Documentation” means the documentation and usage guidelines for the Products, as updated from time to time by Assessdo.
1.7 “Fees” means any fees paid or to be paid for Products under an Order.
1.8 “Force Majeure Event” means any circumstances which are unforeseeable, and beyond the reasonable control of the party affected, including but not limited to acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, Internet service provider or hosting facility failures or delays, hardware, software or power systems not provided by Assessdo, or acts undertaken by third parties, including without limitation denial of service attacks.
1.9 “Hardware” means the Assessdo-provided hardware used to connect to the SaaS.
1.10 “Intellectual Property Rights” means copyrights (including, without limitation, the exclusive right to use, reproduce, modify, distribute, publicly display and publicly perform the copyrighted work), trademark rights (including, without limitation, trade names, trademarks, service marks, and trade dress), patent rights (including, without limitation, the exclusive right to make, use and sell), trade secrets, moral rights, right of publicity, authors’ rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof, regardless of whether such rights arise under the law of the United States or any other state, country or jurisdiction.
1.11 “Order” means a written order form/sales proposal, purchase order, or similar ordering document for Products submitted to, and approved, by Assessdo and/or Partner.
1.12 “Partner” means the Assessdo-approved partner authorized by Assessdo to resell or otherwise provide Products to end user customers.
1.13 “Products” means, collectively, all Assessdo SaaS, Software, Hardware, Deployment Services, and Support Services, including all Upgrades.
1.14 “SaaS” means the subscription cloud-based service provided by Assessdo for the Subscription Term set forth in the Order.
1.15 “SLAs” means the Service Level Agreements provided by Assessdo for each applicable Product.
1.16 “Software” means any Assessdo software, utility, tool or other computer or program code provided directly or indirectly to End User in object (binary) code only, as well as any copies (whether complete or partial) made by or on End User’s behalf. The term “Software” also includes any updates, upgrades or other new features, functionality or enhancements to the Software made available directly or indirectly to End User.
1.17 “Subscription Term” means the Initial Subscription Term and any and all Renewal Subscription Terms collectively.
1.18 “Support Services” means the support services provided by Assessdo with respect to each applicable Product, including Support Services provided through a Technical Account Manager (“TAM”).
1.19 “Upgrades” means all cloud wide modifications, enhancements and corrections to the Products made by Assessdo, including corrections of failures to conform to or to operate in accordance with the Documentation; temporary and permanent error corrections delivered as part of the Support Services; and all additions, updates, new versions and releases, and new features, and changes made by Assessdo in response to legal, technological or other developments. For clarity, “Upgrades” does not include any additional features or enhancements made available to customers by Assessdo for an additional cost.
1.20 “Assessdo Materials” means all Assessdo proprietary materials, Intellectual Property Rights for all Products and Documentation, Assessdo’s processes and methods, and/or materials distributed by Assessdo during any presentations, proof of concepts, or demonstrations of the Products.
Subject to the terms and conditions in this Agreement, Assessdo grants End Users a limited, non-transferable, non-assignable (except as set forth in this Agreement), non-exclusive right to access and use the Assessdo Products during the Subscription Term for the quantity of demo Products set forth.
Access and Use of Products
Customer agrees to only access and use the Products in accordance with this Agreement and the applicable Documentation, including any relevant Product usage guidelines. End User and Assessdo agree to work together in good faith to promptly resolve any unauthorized access or use of the Products by End User.
Ownership and Intellectual Property Rights
All rights and title in and to the Products, Assessdo Materials, and Documentation, including all Intellectual Property Rights inherent therein, belong exclusively to Assessdo and its licensors. No rights are granted to Customer other than as expressly set forth in this Agreement.
2.2 End User
All rights and title in and to the End User Data, including all Intellectual Property Rights inherent therein, belong exclusively to End User. No rights are granted to Assessdo other than as expressly set forth in this Agreement.
End User and its Authorized Users (i) shall not (a) modify, copy, display, republish or create derivative works based on the Products or Assessdo Materials; (b) reverse engineer the Products; (c) access or use the Products to build a competitive product or service, or copy any ideas, features, functions or graphics of the Products; (d) use the Products in any way prohibited by applicable law or that would cause either party to violate applicable law including but not limited to: (1) sending spam or other duplicative or unsolicited messages; (2) using the Products to send infringing, obscene, threatening, libelous, or other unlawful material; (3) using the Products to access blocked services; or (4) uploading to the Products or using the Products to send or store viruses, worms, time bombs, Trojan horses or other harmful or malicious code, files, scripts, agents or programs; (e) use the Products to run automated queries to external websites (because such websites may include Assessdo IP addresses in their respective IP block lists); (f) interfere with or disrupt the integrity or performance of the Products or the data contained therein; (g) attempt to gain unauthorized access to the Products or its related systems or networks; (h) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Products; (i) perform penetration or load testing on the Products or Assessdo’s cloud without the prior written consent of Assessdo and agreeing to certain conditions and requirements for such penetration or load testing; or (j) without the express prior written consent of Assessdo, conduct any public benchmarking or comparative study or analysis involving the Products; and (ii) agree to (a) use the Products solely for its internal business purposes; (b) only permit access to the Products by Authorized Users; and (c) not access or use the Products from a prohibited location in violation of U.S. trade and economic sanctions, including without limitation, Cuba; Iran; North Korea; Syria; the so-called Donetsk People’s Republic, the Luhansk People’s Republic, or Crimea Regions of Ukraine; or any other country/region that becomes prohibited.
End User Guidelines and Responsibilities
End User agrees and understands that: (i) it is responsible for all activity of Authorized Users and for Authorized Users’ compliance with this Agreement; (ii) it shall: (a) have sole responsibility for the accuracy, quality, integrity, legality, reliability and appropriateness of all End User Data; (b) prevent unauthorized access to, or use of, the Products, and notify Assessdo promptly of any such unauthorized access or use; and (c) comply with all applicable laws and/or regulations in using the Products; (iii) the Products shall not include End User’s connection to the Internet or any equipment or third party licenses necessary for End User to use the Products, which shall be End User’s sole responsibility; (iv) in order for Assessdo to provide the SaaS, End User is responsible for forwarding its web traffic or internal traffic to Assessdo via valid forwarding mechanisms that allow for automatic fail over (i.e. PAC, IPSEC, GRE tunnels, and/or Assessdo App); (v) it is responsible for supplying Assessdo with any technical data and other information and authorizations that Assessdo may reasonably request to allow Assessdo to provide the Products to Customer; and (vi) Assessdo shall have the right to: (a) use or act upon any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by End User relating to the Products without restriction and without obligation to End User (collectively “Feedback”); (b) utilize information collected regarding End User’s use of the Products for the purposes of (1) maintaining, improving and/or analyzing the SaaS, including providing advanced analytics and reporting to End User, (2) complying with all legal or contractual requirements, and/or (3) making malicious or unwanted content anonymously available to its licensors for the purpose of further developing and enhancing the Products; and (c) develop and commercialize benchmarks and measures based on Aggregated Data. The foregoing shall in no way limit Assessdo’s confidentiality and security obligations set forth in this Agreement. Assessdo acknowledges that all Feedback is provided “As-Is” without warranty of any type.
Assessdo Guidelines and Responsibilities
3.1 Assessdo shall process, use, and/or access End User Data only for the purpose of providing the Products to End User. To provide the Products to End User, Assessdo may transfer and access End User Data from locations where Authorized Users access and use the Products and/or where Assessdo provides and supports the Products. During the deployment process, End User may choose to have its transaction logs stored in (1) the United States, or (2) the European Union and/or Switzerland. Any such transfers will be done in compliance with applicable laws and regulations. Assessdo reserves the right to manage bandwidth or route traffic across the Internet in a commercially optimal way, provided such actions do not compromise Assessdo’s obligations under this Agreement.
3.2 Assessdo maintains reasonable and appropriate physical, organizational, administrative, and technical safeguards designed to protect End User Data from loss, misuses, unauthorized access, disclosure, alteration, and destruction (“Security Measures”). Assessdo is certified under ISO 27001 and System and Organization Controls (SOC) 2, Type II standards and is audited annually by a third party to ensure its ongoing compliance with these certifications. Assessdo regularly tests, assesses and evaluates the effectiveness of the Security Measures. Assessdo will not materially decrease the Security Measures during the Subscription Term. Assessdo will take appropriate steps to ensure compliance with the Security Measures by its employees, contractors and subcontractors/sub-processors to the extent applicable to their scope of performance.
3.3 Assessdo reserves the right to suspend End User’s access to or download of Products in the event End User’s use of the Products represents an imminent threat to Assessdo’s network, or if directed by a court or competent authority. In such cases, Assessdo will (i) suspend such Products only to the extent reasonably necessary to prevent any harm to Assessdo’s network (for example, blocking offending source IP addresses); (ii) use its reasonable efforts to promptly contact End User and give End User the opportunity to promptly change the configuration of its server(s) accordingly and/or work with End User to promptly resolve the issues causing the suspension of such Products; and (iii) reinstate any suspended Products immediately after any issue is abated.
Our Sites do not knowingly collect any information that would be subject to the Children’s Online Privacy Protection Rule (“COPPA”), the Family Educational Rights and Privacy Act (“FERPA”), and the Health Insurance Portability and Accountability Act (“HIPAA”).
The Family Educational Rights and Privacy Acts (FERPA) and Student Information
The Family Educational Rights and Privacy Act (FERPA) is a federal law enacted by The U.S. Department of Education. This law helps safeguard student education records’ privacy. It does this by setting rules for who can access this information.
The school district, school officials, and other educational agencies must get parental consent. They must get consent before sharing a student’s personally identifiable information (PII). But an exception exists for what’s termed “directory information.” This information can be shared without consent unless parents opt out. An example of this type of information is the student’s name.
School officials can also access student data. They can do so if they have a legitimate educational interest in accessing this data. This means the information is needed to perform tasks. These tasks might be a part of their job or the school’s education program. Additionally, state law can affect how FERPA is used in each school district.
The Children’s Online Privacy Protection Act (COPPA)
The Children’s Online Privacy Protection Act (COPPA) is a crucial federal law. This law focuses on protecting the privacy of children under the age of 13. COPPA places stringent rules on operators of websites, online services, and mobile applications. These websites and applications must be either directed at children under 13 or knowingly collect personal information from minors under 13.
According to COPPA, these operators must clearly disclose their data collection practices. They should get verifiable parental consent. They should do this before collecting, using, or disclosing personal information from children. They must also allow parents to review their child’s personal information. Parents can refuse further use or collection of that information.
This law safeguards young students’ data privacy in the era of online learning. It ensures that their personal information is protected. But students can still enjoy the benefits of educational technologies.