Terms of Use and Privacy Policy

Riverside Assessments, LLC
dba Riverside Insights
Terms of Use

LAST UPDATED: December 19, 2023

 

Riverside Assessments, LLC dba Riverside Insights (“Riverside,” “We,” "Us," or “Our”) provides content for Our assessments (collectively, the “Products”) and related assessment management features via Our web-based platforms, including Riverside Elevate, Riverside Score, Riverside DataManager, the WJ IV Interpretation and Instructional Interventions Program (WIIIP), BDI-2 DataManager, and BDI-3 Mobile Data Solution (collectively, the “Platforms” and, together with the Products, the “Services”).

These Terms of Use (the “Terms” or “Terms of Use”) constitute a legal agreement concerning Riverside’s Services and are between you, either as an individual or as an authorized representative on behalf of an organization, such as a school district, educational authority, university, clinic, hospital, or healthcare system (“You” or “Your”), and Riverside. Please note that different or additional terms may apply regarding your license of the Services if agreed to in writing between You and Riverside. If you are a user of the District version of easyCBM (“easyCBM”), please refer to the easyCBM Subscriber Agreement included in your easyCBM order form or presented to you at the time you completed your order for easyCBM (“Subscriber Agreement”). The Subscriber Agreement contains the terms and conditions applicable to your use of easyCBM. 

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, USING, OR DISPLAYING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE AND TO THE COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN RIVERSIDE’S ASSESSMENT PRIVACY POLICY (THE “PRIVACY POLICY”). DO NOT ACCESS, USE, OR DISPLAY THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY.

 

1. Definitions

“COPPA” means the Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501-6505, and the regulations promulgated thereunder, each as amended.

“DFARS” means the Department of Defense FAR Supplement, codified at 48 C.F.R. Parts 200-299.

“Effective Date” means the earlier of (i) the date You accept these Terms of Use (electronically or otherwise) or (ii) the date You first begin to use the Services.

“FAR” means the Federal Acquisition Regulation, codified at 48 C.F.R. Parts 1-52.

“FERPA” means the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and the regulations promulgated thereunder, each as amended.

“HIPAA” means the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. § 1320d et seq., and the regulations promulgated thereunder, each as amended.

“Term” means the term during which these Terms of Use are in effect, which will begin on the Effective Date and continue for as long as You have access to the Services, subject to the termination and survival provisions of Section 11 (Term and Termination).

 

2. Access to Licensed Services

Subject to Your compliance with these Terms of Use and any accompanying user documentation, Riverside grants You a personal, limited, nontransferable, nonsublicensable, nonexclusive license to access and use the applicable Services during the Term. Riverside reserves the right, upon prior written notice to You, to discontinue versions of the Services. If a Service is discontinued, Riverside will notify you about whether a new version of such Service is available, and, if such version is available, You will be required to license the latest version of such Service in order to maintain access.

 

3. Access to the Platform

 

 3.1 Required Computing Resources

 Use of the Services requires, at a minimum, computing resources needed to access and browse the internet. Such computing resources may include, as specified in applicable user documentation: (i) a personal computer and/or mobile device; (ii) software, including browser software and operating system software; and (iii) other specified client-side computing resources (collectively, “Client-Side Computing Resources”). You are responsible for ensuring that You (a) have access to requisite Client-Side Computing Resources and (b) are sufficiently familiar with and trained regarding such Client-Side Computing Resources.

Riverside does not guarantee that the Services will operate with Your specific Client-Side Computing Resources. You are advised to carefully review each Service’s posted minimum system requirements to ensure compatibility.

 

3.2 Enrollment Responsibilities

Depending on the specific Services You are using and your role with respect to such Services, You may need to select the users who will have access to the Services and prepare the necessary files to import or manually enroll such users employing features provided in the Services. For some Services, We may limit the number of users per subscription license.

 

3.3 Use of Passwords

Once enrolled, You will have the opportunity to create a password for Your assigned username (“Login Credentials”). All account users should have their own Login Credentials. Riverside will treat anyone who uses Your Login Credentials as You. Riverside will not be responsible for Your sharing or other misuse of Login Credentials, and Riverside will hold You responsible for the activities of a person using Your Login Credentials. You agree to maintain Your Login Credentials in confidence and to notify Riverside immediately if You know or suspect that someone is using Your Login Credentials in an inappropriate manner.

 

4. Riverside’s Intellectual Property

Riverside’s Services, including derived scaled scores based on the number of questions answered correctly for a given assessment (“Score Conversions”), reports of assessment results (“Reports”), and all related designs, layouts, appearances, and graphics therein, as well as the copyrights, trademarks, service marks, wordmarks, and logos contained within each of the foregoing, embody intellectual property rights owned by Riverside (or its licensors), including any rights under patent law, copyright law, trade secret law, and trademark law (“Riverside Intellectual Property”). All rights not expressly granted herein are reserved to Riverside or its licensors, as applicable.

 

5. Test Security; Use of Assessment Score Reports

Confidentiality is critical to the integrity, validity, and fairness of the testing process. Riverside restricts distribution of certain Products to qualified institutions and examiners. Under the Standards for Educational and Psychological Testing (2014) (“SEPT”), published by the American Educational Research Association, American Psychological Association, and National Council on Measurement in Education, educators and psychologists have a duty to protect the integrity of secured tests by maintaining the confidentiality of test questions and answers. Widespread dissemination of test protocols, which include substantial portions of the actual test items, would inevitably undermine this process. For this reason, Services are distributed only to recipients who agree to take appropriate steps to protect the confidentiality of the Services. Providing unauthorized third parties, including organizations or individuals providing test preparation or tutoring services, access to these Services; notetaking by non-professionals during test administrations; and the audio or video recording of test administrations would compromise test security and violate these Terms of Use. Such actions may result in the termination of Your rights to access and use the Services, as determined in Riverside’s sole discretion.

You must use the Services in accordance with these Terms of Use and applicable federal, state, and local laws and regulations. You understand and agree that the Services are meant to be used as tools to support Your assessment process and are not intended or designed to replace Your professional judgment. You assume all responsibility for the use or misuse of the Services. You must use the Services in accordance with Riverside’s Test Disclosure Policy and the SEPT (collectively, the “Policies and Standards”).

 

6. Grant of Rights in Submitted Data and Feedback; Storage

By providing information to Riverside directly through Your use of the Services, including information about students/examinees and account usage data (“Submitted Data”), You grant Riverside a royalty-free, nonexclusive, transferrable, sublicensable, worldwide license to use the Submitted Data for all purposes contemplated under these Terms of Use as well as any user documentation. You acknowledge and agree that Riverside may use or disclose Submitted Data to provide maintenance and support for the Services and for communications relevant to your use of the Services, such as product updates, planned outages, maintaining sufficient licenses, and renewals. Riverside does not claim ownership in Submitted Data and retains only those rights in Submitted Data reasonably necessary or otherwise required to provide the Services and as otherwise contemplated under these Terms of Use and any user documentation. Submitted Data that Riverside receives from You is subject to Section 14 (Riverside’s Use of Submitted Data and Feedback; De-Identified Information) regarding use of de-identified data and the Privacy Policy.

In addition to the license You grant Us with respect to the Submitted Data, You grant Riverside a nonexclusive, worldwide, perpetual, royalty-free, irrevocable right to use, disclose, reproduce, modify, license, transfer, and otherwise distribute any comments, ideas, and suggestions for improvements or developments related to or associated with the Services that You provide (“Feedback”) in any manner without compensation to You. Please do not submit Feedback if You do not wish to grant Us the rights set forth in this Section.

By providing Submitted Data and/or Feedback, You represent and warrant that You own such Submitted Data and/or Feedback (including intellectual property rights therein), or that You have obtained sufficient authority and right to the Submitted Data and/or Feedback in order to grant the rights to Riverside contemplated under these Terms of Use and any user documentation.

YOU ARE ADVISED TO EXPORT AND SAFEGUARD SUBMITTED DATA AND BACK UP IMPORTANT INFORMATION FREQUENTLY. If You choose to provide Submitted Data to Riverside via the Services, Riverside will periodically back up the Submitted Data and will take reasonable steps to securely store said backups. Notwithstanding anything to the contrary, You hereby release Riverside from any claim or liability relating to any failure in Riverside’s database system and backup practices.

After expiration of the Term, Riverside will return or delete Submitted Data, in whole or in part, promptly after receiving written request and instruction from You or Your authorized designee, unless retention is necessary in Riverside’s determination to provide other services to You; fulfill any other obligation it may owe You; or comply with applicable laws, regulations, court orders, or other legal processes. Riverside will retain all data that is not returned or deleted pursuant to the foregoing process in accordance with its standard records retention policy.

Notwithstanding anything in this Section, Riverside may retain Submitted Data in accordance with its backup or other disaster recovery policies and procedures. You acknowledge and agreed that backed-up data cannot be recovered following deletion. You unconditionally release, waive, and discharge any right or entitlement, whether by contract, under operation of law, or otherwise, to bring any cause of action or claim against Riverside now or in the future in connection with any data deletion request You make. You assume any and all risk of loss, liability, damage, expenses, or costs that may occur as a result of Your data deletion request.

 

7. Platform Availability and Errors

Riverside will use commercially reasonable efforts to make the Services available to You without significant interruption. At times the Services may be unavailable due to technical errors or for maintenance and support activities. We do not represent, warrant, or guarantee that the Services will always be available or are completely free of human or technological errors.

If a Service experiences a significant interruption that is not due to scheduled downtime, Riverside will use timely and commercially reasonable efforts to restore required functionality (the “Availability Commitment”). The Availability Commitment does not apply to downtime: (i) due to emergencies; (ii) that Riverside otherwise schedules, for example, to install software updates and patches; (iii) due to Your violation of these Terms; or (iv) due to Your failure to update or upgrade your Services or the equipment you use to access the Services when suggested by Riverside.

The Services may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. We expressly reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We do not make any representation or warranty concerning errors, omissions, delays, or defects in the Services or any information supplied to You via the Services, or that files available through the Services are free of viruses, worms, Trojan horses, or other code that include or manifest contaminating or destructive characteristics.

You may contact Riverside’s technical support team with questions about the Services at the hours listed on our Support Page. In addition to taking reasonable steps to respond to reproducible errors or bugs in the Services commensurate with the severity of the error or bug, technical support may also provide You with information regarding Service availability.

 

8. Use Restrictions

You agree not to copy, duplicate, publish, distribute, display, modify, create derivative works of, or alter physical or electronic characteristics of the Services. You agree not to dismantle or reverse engineer or clone any part of the Services. You will not grant sublicenses to, assign, transfer, sell, or rent the Services or any sublicenses thereto without Riverside’s prior written consent.

Because the Services, including Score Conversions and Reports, are Riverside Intellectual Property and are considered confidential information of Riverside, the Services will not be disclosed by You in response to requests made by third parties unless otherwise required pursuant to applicable law or valid court order, and then only after prior notice is provided to Riverside as well as an opportunity to prevent such disclosure. You agree that You will not otherwise, directly or indirectly, disclose any confidential information of Riverside without Riverside’s prior written consent.

Subject to the restrictions in Section 5 (Test Security; Use of Assessment Score Reports), You may print, copy, display, and otherwise distribute Reports, but not any other parts of the Services, provided that such actions comply with Your obligations under the Policies and Standards and are otherwise in compliance with all applicable laws, regulations, and professional standards and obligations. You represent and warrant that You have obtained the necessary permissions from parents/guardians, students/examinees and other applicable third parties relating to Your use of the Reports. You hereby release Riverside from any claim or liability relating to Your use of the Reports.

Notwithstanding anything to the contrary, You will not under any circumstance import any external content into any Reports or copy, display, or reproduce any test question from the Services without Riverside’s prior written consent.

Your use of the Services to generate Reports is based on quantities of student administrations (record forms, answer documents, other consumable test or response booklets, digital administrations, or digital licenses) that You license from Riverside. You are only entitled to assess one student/examinee per record form, answer document, other consumable test or response booklet, digital administration, or digital license; however, multiple different Reports may be generated from a single test administration.

You agree that when using the Services, You will not: (i) introduce into the Services any virus, rogue program, time bomb, drop dead device, ransomware, back door, Trojan horse, worm, or other malicious or destructive code, software routines, denial of service attack, or equipment components designed to permit unauthorized access to the Services; (ii) otherwise harm other users, Riverside Intellectual Property, or any third parties; or (iii) authorize any third parties to perform any of the foregoing actions.

You will not use the Services to commit fraud or conduct other unlawful activities. You will not access or attempt to access any other person’s account, personal information, or content without having the requisite permission or authority.

You will not use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information about the Services or any users thereof for any reason.

You will not decrypt, transfer, frame, display, or translate (except translations for limited personal use authorized in writing by Riverside) any part of the Services.

You will not connect to or access any Riverside computer system or network without authorization.

You will not use the information in the Services to create or sell a similar product or service, or use the Services for the purpose of soliciting, selling, or offering services, merchandise, or products.

 

9. Third Party Websites

The Services may integrate with or provide links to other content, including websites or open education resources, on the Internet that We do not control. This content may provide opinions, recommendations, or other information from various individuals, organizations, or companies. We are not responsible for the nature, quality, or accuracy of such content. Inclusion of any linked content in the Services does not imply or express an approval or endorsement thereof by Us or of any of the opinions, treatments, information, products, or services provided in this content, even if We receive a referral fee in connection with Your use of such third-party content.

 

10. Limited Warranty

 

Riverside warrants that the Services will not infringe any valid United States copyrights existing at the time the Services are made available to You, provided that this warranty does not extend to any infringement arising out of: (i) the use of the Services in combination with systems, equipment, materials, content, or platforms not supplied by Riverside or any use of the Services outside of the United States; (ii) Your use of the Services in violation of these Terms of Use the user documentation provided by Riverside, or any other agreement between You and Riverside; (iii) Your modification of the Services; (iv) Your failure to install or implement a released upgrade to the Services that would have avoided the infringement; or (v) any Submitted Data or Feedback. If You promptly notify Riverside of any such infringement claim brought by a third party of which You have knowledge or notice, and accord Riverside the right, at its sole option and expense, to handle the defense of the infringement claim, Riverside will defend You against such infringement claim and pay any final judgment or settlement thereof. Notwithstanding the foregoing, Riverside will not indemnify for any infringement claim that arises out of the scenarios set forth in clauses (i)-(v) of this Section. If such an infringement claim arises, or if Riverside becomes aware of the possibility of such a claim, then Riverside may, at its sole discretion (a) acquire the right for You to continue to use the affected Services in accordance with these Terms, (b) furnish You with a non-infringing replacement as soon as commercially possible, or (c) terminate these Terms in whole or in part by refunding any pre-paid, unused fees You paid for use of the Services. The obligations set forth in this Section are Your exclusive remedy and Riverside’s sole obligations with respect to any breach of this warranty.

 

EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 10 (LIMITED WARRANTY), THE SERVICES ARE PROVIDED “AS IS.” RIVERSIDE MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RIVERSIDE DOES NOT WARRANT OR MAKE ANY PROMISES REGARDING THE CORRECTNESS, COMPLETENESS, SECURITY, USEFULNESS, ACCURACY, AVAILABILITY, OR RELIABILITY OF (I) YOUR USE THE SERVICES OR (II) ANY ADVICE YOU GLEAN OR INFER FROM THE SERVICES, WHETHER PROVIDED BY US OR A THIRD PARTY. WE DO NOT WARRANT (X) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL CODE; (Y) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULT; OR (Z) THAT ANY DEFECTS WITH RESPECT TO THE SERVICES WILL BE CORRECTED. 

 

11. Term and Termination

These Terms of Use are effective during the Term, subject to the termination and survival provisions of this Section 11 (Term and Termination).

Either party will have the right to terminate these Terms of Use if the other party breaches any of its obligations thereunder and fails to cure the same within thirty (30) days after receipt of written notice of default, except that there will be no cure period for Your breach of Riverside’s rights under Section 4 (Riverside's Intellectual Property); Section 5 (Test Security; Use of Assessment Score Reports), Section 6 (Grant of Rights in Submitted Data and Feedback; Storage), or Section 8 (Use Restrictions). Upon termination of these Terms of Use, any rights You have in the Services will terminate.

The provisions of Section 4 (Riverside’s Intellectual Property), Section 5 (Test Security; Use of Assessment Score Reports), Section 6 (Grant of Rights in Submitted Data and Feedback; Storage), Section 8 (Use Restrictions), Section 10 (Limited Warranty), Section 12 (Indemnification), Section 13 (Limitation of Liability), Section 14 (Riverside’s Use of Submitted Data and Feedback; De-Identified Information), and Section 19 (General) will survive any expiration or termination of these Terms of Use. Riverside reserves the right to terminate these Terms of Use for convenience by providing You with reasonable notice and thereafter allowing You a reasonable opportunity (not to exceed 30 days) to export a copy of Your Submitted Data.

If these Terms of Use are terminated for any reason, Riverside may make a reasonable effort to grant You access to the Services for not more than thirty (30) days for the sole purpose of exporting Submitted Data (the “Submitted Data Retrieval Period”). Upon conclusion of the Submitted Data Retrieval Period, Riverside may destroy copies of Submitted Data in its possession.

If these Terms of Use expire, retention of Submitted Data will be governed by Section 6 (Grant of Rights in Submitted Data and Feedback; Storage).

 

12. Indemnification

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD RIVERSIDE HARMLESS AGAINST ALL CLAIMS, ACTIONS, LIABILITIES, LOSSES, DEMANDS, DAMAGES, DEFICIENCIES, JUDGEMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINCES, COSTS, OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE OF THE SERVICES COVERED BY THESE TERMS AND/OR (II) YOUR FAILURE TO COMPLY WITH THESE TERMS.

 

13. Limitation of Liability

RIVERSIDE’S TOTAL AGGREGATE LIABILITY FOR LOSSES OR DAMAGES RELATING TO THESE TERMS OF USE AND/OR THE SERVICES, OR YOUR USE OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE FORM OF ACTION, WILL IN NO EVENT EXCEED THE GREATER OF: (A) ONE THOUSAND U.S. DOLLARS (USD $1,000.00) OR (B) THE FEES ACTUALLY PAID BY YOU TO RIVERSIDE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

IN NO EVENT WILL RIVERSIDE BE LIABLE TO YOU OR ANY THIRD PARTY, EITHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, PUNITIVE, ENHANCED, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF FUTURE REVENUE, INCOME OR PROFITS, LOSS OF DATA, OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO  YOUR USE OF THE SERVICES OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (X) WHETHER SUCH DAMAGES WERE FORESEEABLE, (Y) WHETHER RIVERSIDE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (Z) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

THE LIMITATIONS SPECIFIED IN THIS SECTION 13 WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

14. Riverside’s Use of Submitted Data and Feedback; De-Identified Information

Riverside may, from time to time, anonymize Submitted Data so that it constitutes de-identified Information (“De-Identified Information”). Riverside will only use De-Identified Information in accordance with HIPAA and FERPA and for lawful purposes, including quality assurance, product research and development, publications relevant to our Services and industry, norm development and validation, and other activities to develop, evaluate, improve, and demonstrate the effectiveness of our educational and clinical Services. The De-Identified Information will not directly identify a person but may be linkable to a particular computer, device, operation system, platform, or software instance (via a unique device ID or otherwise) (“Usage Information”). You acknowledge and agree that Riverside will be free to use De-Identified Information, in compliance with HIPAA and FERPA requirements, for the purposes described in these Terms of Use.

 

15. Protection of Student Personal Information

Please see the Privacy Policy governing your license of our Services for information about (i) Our practices related to collection, use, and deletion of personal information, including how You can access, review, and update personal information, and (ii) the security measures We have in place designed to safeguard your information.

 

16. Applicability of HIPAA

If You are a “Covered Entity” as defined under HIPAA, You and Riverside agree that the Business Associate Addendum will govern HIPAA-related matters. If You are not a Covered Entity, this Section does not apply.

 

17. Federal Government Terms and Conditions

If You are the United States Government or any agency, subdivision, or instrumentality thereof (the “U.S. Government”), the Services (including any related databases, documentation, technical data, and programmer’s tools) delivered to the U.S. Government are “commercial computer software” or “commercial technical data” pursuant to the applicable FAR, DFARS, or other agency-specific supplemental regulations. As such, the use, duplication, disclosure, modification, and adaptation of the Services are subject to these Terms of Use, pursuant to FAR 12.212 (Computer Software) and 12.211 (Technical Data), as applicable. If You are the U.S. Government and subject to the DFARS, then the Services (including any related databases, documentation, technical data, and programmer’s tools) is provided subject to DFARS 252.227-7015 (Technical Data—Commercial Items) and DFARS 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation), as applicable. Should the Services be deemed to not constitute “commercial computer software” or “commercial technical data,” then they will be given to the U.S. Government with “Limited Rights” or “Restricted Rights” (as defined under DFARS), as applicable. In all cases, these Terms of Use supersede any conflicting terms or conditions in any government order document; provided, any provisions contained herein contrary to applicable mandatory federal laws will be treated as provided in FAR 52.212-4(u).

 

18. Consent Regarding Students’ Personal Information

Please note that FERPA requires parental/guardian consent before a service provider, such as Riverside, is given access to personal information contained in a student’s/examinee’s educational records. Under FERPA, this parental/guardian consent requirement is met where the service provider acts as a type of “school official” by performing services for the school that would otherwise be performed by the school’s own employees. Riverside fulfills FERPA requirements for qualifying as a school official by, among other steps, giving schools direct control with respect to the use and maintenance of the educational records at issue (including associated personal information) and refraining from re-disclosing or using this personal information except for purposes of providing the Services or as required by applicable laws, regulations, court orders, or other legal processes. Riverside will comply with access requests as required by FERPA.

 

19. General

THESE TERMS WILL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW PRINCIPLES OR RULES (WHETHER UNDER THE LAWS OF THE STATE OF ILLINOIS OR OF ANY OTHER JURISDICTION) TO THE EXTENT SUCH PRINCIPLES OR RULES WOULD REUQIRE OR PERMIT THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THOSE OF THE STATE OF ILLINOIS. The foregoing choice of law notwithstanding, copyright, trademark, and patent claims are subject only to U.S. Federal law and U.S. Federal court interpretation thereof. You agree that any action at law or in equity arising out of or relating to these Terms of Use will be filed only in the state or federal courts located in the Northern District of Illinois, Eastern Division. These Terms will not be assignable by You, either in whole or in part. Riverside reserves the right to assign the rights and obligations under these Terms of Use for any reason and in Riverside’s sole discretion. The Privacy Policy must be read in conjunction with these Terms of Use, and the provisions of the Privacy Policy are incorporated herein. These Terms of Use and the Privacy Policy constitute the entire agreement between You and Riverside concerning the Services, your use thereof, and any related activities, and supersede all discussions, proposals, bids, understandings, agreements, invitations, orders, and other communications, oral or written, on this subject. These Terms may not be waived, amended, or modified in any way without the prior written permission of Riverside. We may revise and update these Terms of Use from time to time and will post the revised terms of use to Our website and may also post links to them on Our Platforms. UNLESS OTHERWISE STATED IN THE AMENDED VERSION OF THESE TERMS OF USE, ANY CHANGES TO THESE TERMS OF USE WILL APPLY IMMEDIATELY UPON POSTING. We are not obligated to provide You with notice of any changes, and any changes to these Terms of Use will not apply retroactively to events that occurred prior to such changes. Your continued use of the Services will constitute Your agreement to any new provisions within the revised terms of use. You may print a copy of these Terms of Use and the Privacy Policy for Your records. If any one or more provisions of these Terms of Use are found to be illegal or unenforceable, the remaining provisions will be enforced to the maximum extent possible. To the extent any licensed order from You conflicts with or amends these Terms of Use in any way, these Terms of Use, as unmodified, will prevail. To the extent the Privacy Policy conflicts with or amends these Terms of Use in any way, the Privacy Policy will prevail.

Any license granted under these Terms of Use to You must be expressly provided herein, and there will be no licenses or rights implied hereunder, based on any course of conduct or other construction or interpretation thereof. All rights and licenses not expressly granted to You by Riverside are reserved.

 

 



RIVERSIDE INSIGHTS
ASSESSMENT PRIVACY POLICY

LAST UPDATED: December 19, 2023

 

Introduction

Riverside Assessments, LLC dba Riverside Insights (“Riverside,” “we,” “us,” or “our”) respects your privacy and makes the security and integrity of the data we collect a top priority. As part of our commitment to data privacy, we developed this Assessment Privacy Policy (“Policy”) to explain how Riverside collects, uses, shares, and protects the information you provide to us in the course of our assessment services and your rights with respect to such information.

This Policy applies to information we collect or receive through assessment products and platforms. If you would like data privacy information about our websites, please see our Website Privacy Policy.

If you are a resident of the European Union (“EU”), the United Kingdom ("UK"), Illinois, California, or New York, you may have additional rights with respect to your Personal Information, as outlined below.

 

Summary

    • We only use the data collected through our platforms and products to deliver and improve our assessment services.
    • We do not sell any student/examinee data or use such data for targeted advertising.
    • We comply with applicable federal, state, and international laws governing data privacy, including the Family Educational Rights and Privacy Act (FERPA), the Children’s Online Privacy Protection Act (COPPA), the Health Insurance Portability and Accountability Act (HIPAA), the Illinois Student Online Personal Protection Act, the California Consumer Privacy Act (CCPA), the General Data Protection Regulation (GDPR), and the New York Parents’ Bill of RightsEducation Law 2-d (Privacy Bill of RightsNY Ed Law 2-d), the EU General Data Protection Regulation (EU GDPR), and the UK General Data Protection Regulation (UK GDPR).
    • We protect your data using industry-standard security tools and processes.

Jump to a Section

 

Definitions

“COPPA” means the Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501-6505, and the regulations promulgated thereunder, each as amended.

“Customer” means an institution or professional who licenses Services, such as school districts, educational agencies, universities, hospitals, clinical psychologists, and healthcare systems.

“Customer Personnel” means employees, staff, contractors, agents, and other authorized representatives of our Customers, such as administrators, authorized account holders, staff, teachers, and psychologists.

“FERPA” means the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and the regulations promulgated thereunder, each as amended.

“HIPAA” means the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. § 1320d et seq., and the regulations promulgated thereunder, each as amended.

“Personal Information” means information that, either alone or in combination with other information, identifies or relates to an individual.

“Platforms” means Riverside’s web-based platforms for assessment, scoring, and reporting.

“Products” means Riverside’s educational, clinical, and special needs assessments.

“Protected Health Information” or “PHI” has the definition provided under HIPAA.

“Services” means the Platforms and Products.

“Students/Examinees” means individuals who either directly use Riverside’s Services or whose information Riverside collects in the course of providing Services.

Additional defined terms are identified throughout the rest of this Policy.

 

Types of Personal Information We Collect and Use

In providing the Services, we may request Personal Information from you or other individuals affiliated with the Customer sponsoring your use of the Services, including Students/Examinees. The exact Personal Information we need to collect depends on which Service you are using and the optional data fields you or the Customer sponsoring your use of our Services chooses to provide. Our Services may collect four broad categories of Personal Information:

    • Student/Examinee information, including assessment responses, first name, middle name, last name, email, date of birth, place of birth, gender, grade, race, ethnicity, language, district/area, school/building name, school/building code, class name, class code, student identification number, IEP/IFSP status, 504 program status, Title I status, free or reduced lunch status, gifted and talented status, English language learner status, migrant status, country, enrollment date, disability, funding, additional identification number, braille user, home reporting, program code, and active user status.
    • Customer and Customer Personnel information, including organization name, program association, member type, customer address (city, state, zip code, and country), first name, middle name, last name, title, email address, phone number, fax, employee identification number, username/ID, grade, gender, district/area, school/building, class name/code, role/permissions, and active user status.
    • Parent/guardian information may be collected in performance of our clinical Services, including first name, last name, email address, address (city, state, zip code, and country), phone, date of birth, number of adults in the family, number of children in the family, educational attainment level, and employment status.
    • Usage information, including IP addresses, and device, browser, and operating system identifiers.

How We Collect Personal Information

We may collect the foregoing types of Personal Information through your use of the Services in the following manner:

    • Submitting or importing files for the purposes of completing assessment enrollments.
    • Submitting files for the purposes of obtaining bar code labels that can be applied to student answer documents or consumable test books.
    • Receiving roster data and related information from third-party service providers for the purposes of completing assessment enrollments.
    • Received data from third-party distributors or other partners from whom you purchased licenses to our Services.
    • Hand keying data for the purposes of completing assessment enrollments and evaluation data.
    • Hand keying item responses and test raw scores for the purposes of creating derived test statistics.
    • Collection of answer strings – for tests administered online, we collect submitted assessment data electronically throughout the course of an assessment.
    • Audio and video recordings of assessment sessions for Services that support such features.
    • Collection of usage data – on some of our webpages, we collect usage information relating to computer, browser, and internet specifications through technology such as temporary cookies, persistent identifiers, and Google Analytics. The collection of usage information takes place while assessments are in progress and on some webpages when Customer Personnel engage with our Platforms’ assessment management activities (e.g., test administration and reporting). Most browsers provide you with the ability to block, delete, or disable cookies, and your mobile device may allow you to disable transmission of unique identifiers and location data. Please note, however, that disabling cookies in certain cases may prevent you from accessing the Services because, as detailed in De-Identified Information, temporary cookies allow us to validate testing sessions. Cookies in place during an assessment session are deleted once you close your browser. For information regarding how Google Analytics collects, uses, and shares your personal information, please visit: http:///www.google.com/policies/privacy/partners/. To prevent data from being used by Google Analytics, you can download the opt-out browser add-on at: https://tools.google.com/dlpage/gaoptout?hl=en.
    • Some of our third-party service providers may use cookies or other methods to gather usage information regarding your use of the Services. The use of such tracking information by a third party depends on the privacy policy of that third party. We review these third-party privacy policies and strive to only engage with third parties whose data privacy practices are consistent with our own. When possible, we encourage you to also review their privacy policies.
    • Central scanning – scanning of enrollment data and submitted assessment data gridded onto answer sheets or consumable test booklets.
    • Local scanning – localized scanning by Customer Personnel of enrollment data and of submitted assessment data gridded onto answer sheets or consumable test booklets.

How We Use Personal Information

The primary use of any Personal Information we collect from you is to communicate assessment measurements, evaluations, and reports that are based on our psychometrically sound assessment results.

In addition, we may use Personal Information for the following purposes:

    • To communicate with Customer Personnel about the assessments and assessment management features available through our Platforms, including improvements to these features.
    • To communicate with Customer Personnel about subscription accounts or transactions with us.
    • To communicate with Customer Personnel about Service availability and downtime.
    • To provide data and feedback on the functionality and features of our Services and where applicable:
      • To personalize our Platform content and experiences for users according to their roles on the Platform. 
      • To provide maintenance and support upon request.
      • To detect, investigate, and prevent activities that may violate laws or this Policy.
      • To administer and make improvements to the Services, enhance security, and conduct statistical analysis. 

Under no circumstances will Riverside sell any Personal Information of a Student/Examinee or use such Student/Examinee Personal Information for targeted marketing. Any sale of Personal Information would only occur in the context of a transaction described below in Organizations Involved in Mergers and Acquisitions Transactions.

 

Disclosure of Personal Information

We will not disclose Personal Information except as set forth in this Policy or with your consent. This section describes to whom we disclose Personal Information and for what purposes:

Our Service Providers

We employ reputable service providers to assist us in providing aspects of our Services. A service provider is a third party engaged by Riverside who has or may have access to Personal Information for the purpose of helping us provide our Services to you. For example, we may engage third parties to provide hosting services, website and app security, remote proctoring services, customer communications, user and data subject rostering, user onboarding, and customer service (including online chat). These service providers may have access to some of your Personal Information only if they are performing specific tasks on our behalf. We take commercially reasonable steps to interact or contractually engage with service providers that have adopted a privacy policy governing their processing of Personal Information that is consistent with this Policy. 

If your use of our Services involves remote proctoring, please see our Remote Proctoring Privacy Statement. 

If you would like to review a list of our current service providers, please see our List of Third-Party Subprocessors.

Organizations Involved in Mergers and Acquisitions Transactions.

If we sell or otherwise transfer some or all of our business or assets to another organization (e.g., in the course of a merger, acquisition, sale of assets, bankruptcy, dissolution, liquidation), any information collected through our Services, including Personal Information, may be among the items sold or transferred. If the rights and obligations with respect to your Personal Information are assigned to a third-party successor entity, then, with respect to your Personal Information, the successor entity will be subject to the terms of the then-applicable privacy policy or will adopt a privacy policy that is substantially similar in all material respects with this Policy.

Law Enforcement, Government Agencies, and Courts.

We may disclose Personal Information at the request of law enforcement or government agencies or in response to subpoenas, court orders, or other legal processes in order to establish, protect, or exercise our rights; to defend against a legal claim; to protect the rights, property, or safety of another person; or as otherwise required by law. We may also disclose Personal Information to investigate or prevent a violation by you of any contractual or other relationship with us or any alleged illegal or harmful activity by you.

 

How We Protect Personal Information

We use commercially reasonable safeguards that comply with accepted industry practice in protecting the confidentiality and security of Personal Information, including adherence to standards issued by the National Institute of Standards and Technology (“NIST”). Examples of how we protect your Personal Information include:

  • Keeping and maintaining all Personal Information in strict confidence and using such degree of care as is appropriate to avoid unauthorized access, use, modification, or disclosure;
  • Deploying industry-standard encryption technology;
  • Collecting, using, and disclosing Personal Information solely and exclusively for the purposes for which you provided the Personal Information; and
  • Except as otherwise specified in this Policy, or with your consent, not disclosing Personal Information to any person other than our employees, agents, and service providers who have a need to know.

Despite these efforts to store Personal Information in a secure operating environment, we cannot guarantee the security of Personal Information during its transmission or storage in our systems. Further, while we attempt to ensure the integrity and security of Personal Information, we cannot guarantee that our security measures will prevent third parties, such as hackers, from illegally obtaining access to Personal Information. We do not represent or warrant that Personal Information about you will be protected against loss, misuse, or alteration by third parties.

 

Accessing, Updating, or Deleting Personal Information

Properly authorized Customer Personnel may log into the Platforms to access, update, and delete Personal Information collected by the Services. If you would like to otherwise access, update, or delete Personal Information about the data associated with your account, or to have us complete any of the tasks described in this section on your behalf, you may submit a request to [email protected] or call us toll-free at (800) 323-9540 (in the US) or (630) 467-7000 (outside the US). We will promptly review all such requests in accordance with applicable law.

 

Compliance With COPPA and FERPA

Many of our Services are designed for Customer Personnel working with K-12 students. We recognize the sensitive nature of Personal Information contained in educational records concerning children under age 13 and K-12 students generally. This Personal Information is protected under either or both of the following federal statutes: COPPA and FERPA. Our privacy practices comply with both COPPA and FERPA.

COPPA

COPPA permits a school, acting in the role of “parent,” to provide required consent regarding Personal Information of students who are under the age of 13. Where a school is the user of or subscriber to our Services, we rely on this form of COPPA consent. We provide the school with this Policy, to ensure that the school, in providing its COPPA consent, has relevant information and assurance that our practices comply with COPPA.

FERPA

FERPA permits a school to provide educational records (including those that contain students’ Personal Information) to certain service providers without requiring the school to obtain specific parental/guardian consent. FERPA permits this disclosure where the service provider acts as a type of “school official” by performing services, for example, that would otherwise be performed by the school’s own employees. We fulfill FERPA requirements for qualifying as a school official by, among other steps, giving our school district Customers control with respect to the use and maintenance of the education records at issue (including associated Personal Information) and refraining from re-disclosing or using this Personal Information except provided under this Policy.

 

Compliance With HIPAA

To the extent that information qualifies as PHI under HIPAA, and HIPAA affords greater privacy protections than those set forth in this Policy, Riverside will comply with the relevant HIPAA requirements regarding privacy for that information.

 

Children's Privacy

Except as necessary to provide our Services, we do not knowingly collect or solicit Personal Information directly from anyone under the age of 18 without a parent’s or guardian’s prior consent. The information collected from children under 18 through assessments are intended only with the consent and under the supervision of a parent or guardian, or, in the case of use through an institutional user, with the consent and supervision of such institutional user acting with authority and consent from the parent or guardian. This information is not used for, sold to, or shared with third parties for marketing or commercial purposes.

 

Your California Privacy Rights

The State of California provides its residents with certain rights concerning their Personal Information. This section describes how you may exercise your rights with respect to Personal Information collected through our Services.

Categories of Personal Information Subject to California Privacy Rights

Through our Services, we collected the following categories of Personal Information during the past 12 months:

    • Identifiers such as your name, email address, and online identifiers;
    • Characteristics of protected classifications under federal and California law, such as race, gender, ethnicity, and disability;
    • Internet or other electronic network activity information, such as IP addresses, device identifiers, and information on your interaction with of our Services;
    • Professional or employment-related information, such as your institutional affiliation; and
    • Information used to create a profile reflecting your preferences or behavior while using our Services.

We collect these categories of Personal Information to the extent necessary to provide the Services and as otherwise described in the section How We Use Personal Information.

California Privacy Rights

Privacy Right

Description

Access

You have the right to request information on the categories of Personal Information that we collected in the previous twelve (12) months, the categories of sources from which the Personal Information was collected, the specific pieces of Personal Information we have collected about you, and the business purposes for which such Personal Information is collected and shared. You also have the right to request information on the categories of Personal Information that were disclosed for business purposes and the categories of third parties with whom such information was shared in the twelve (12) months preceding your request. You can also access certain of your Personal Information by contacting us at [email protected] or calling us toll-free at (800) 323-9540 (in the US) or (630) 467-7000 (outside the US) to make such corrections.

Deletion

You have a right to request us to delete Personal Information that we collected from you. However, please be aware that we may not fulfill your request for deletion if we (or our service provider(s)) are required to retain your Personal Information for one or more of the following categories of purposes: (1) to complete a transaction for which the Personal Information was collected, provide a good or service requested by you, or complete a contract between us and you; (2) to ensure our website integrity, security, and functionality; (3) to comply with applicable law or a legal obligation or to exercise rights under the law; or (4) to otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Opt-Out

As noted above, we do not use Personal Information to market or advertise directly to Students/Examinees and do not otherwise sell Personal Information.


Nonetheless, we wish to inform you of your general right to opt-out of certain disclosures of Personal Information to third parties if such disclosures constitute a “sale” under California law. You may opt-out of interest-based advertising by visiting the Network Advertising Initiative’s Opt-out page or YourAdChoices, provided by the Digital Advertising Alliance.

Additionally, you may be able to exercise the following supplemental rights under California law upon verification of your identity:

  • right to request that Riverside correct inaccurate Personal Information about you,
  • right to restrict how we use your Personal Information,
  • right to object to or limit the processing of your Personal Information, and
  • right to request that we not reach decisions affecting you using automated processing or profiling.

If you would like to exercise your rights listed above, please send (or have your authorized agent send) an email to [email protected] or call us toll-free at (800) 323-9540 (in the US) or (630) 467-7000 (outside the US). We will not use discriminatory practices against you for exercising your California privacy rights.

While we take measures to ensure that those responsible for receiving and responding to your request are informed of your rights and how to help you exercise those rights, when contacting us to exercise your rights, we ask you to please adhere to the following guidelines:

    • Tell Us Which Right You Are Exercising: Specify which right you want to exercise and the Personal Information to which your request relates (if not to you). If you are acting on behalf of a Customer, please clearly indicate this fact and your authority to act on such Customer’s behalf.
    • Help Us Verify Your Identity: Provide us with information to verify your identity. For example, we may ask you to provide (at a minimum) your name, phone number, or email address. If your phone number or email address appears in our records, we may contact you to help confirm that you are making the request. Please note that if we cannot initially verify your identity, we may request additional information to complete the verification process. Any Personal Information you disclose to us for purposes of verifying your identity will solely be used for the purpose of verification.
    • Direct Our Response Delivery: Please provide us with an email or mailing address through which we can provide our response. If you make the request by email, unless otherwise requested, we will assume that we can respond to the email address from which you made the request.

 

Your Rights Under the EU GDPR and the UK GDPR

This GDPR section applies to individuals who are in the European Union (“EU”) and the United Kingdom (“UK”). For the purposes of this Policy, references to the GDPR include both the EU GDPR and the UK GDPR, and references to the EU also include Switzerland, and the European Economic Area countries of Iceland, Liechtenstein, and Norway.

For this GDPR section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR. “Personal Data” generally means information that relates to an identified or identifiable person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage, and disclosure.

If you have any questions about this section or whether any of the following applies to you, please contact us at [email protected] or call us toll-free at (800) 323-9540 (in the US) or (630) 467-7000 (outside the US).

What Personal Data do we collect from you?

Please see the section Types of Personal Information We Collect and Use above for details about the Personal Data we collect.

How do we use your Personal Data?

Please refer to the section How We Use Personal Information above for details about how we use and process your Personal Data.

Lawful Basis for Processing.

We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity, and our “legitimate interests,” as further described below:

  • Contractual Necessity. We may have a contractual necessity to process your Personal Data when you use our Services. When we process Personal Data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require the data.
  • Legitimate Interests. We may also process your Personal Data in connection with our legitimate business interests, for example:
    • Operating and improving our business and Services;
    • Providing customer support;
    • Protecting against fraud or security threats;
    • Protecting the security of your account with us;
    • Providing you with a sign-in method;
    • Complying with our legal obligations; and
    • Completing corporate transactions.
  • Consent. In some cases, we may process Personal Data based on the your consent you expressly grant to us at the time we collect such Personal Data. When we process Personal Data based on your consent, it will be expressly indicated towe will notify you at the point and time of collection.
How and with whom do we share your Personal data?

We share Personal Data with service providers; organizations involved in mergers and acquisitions transactions; and law enforcement, government agencies, and courts. Please refer to the section Disclosure of Personal Information above.

How long do we retain your Personal Data?

We retain Personal Data of users of our Services: (1) for as long as reasonably necessary to permit use of our Services and (2) as required by law or contractual commitment. After this period has expired, we will return or delete the Personal Data from our systems according to your written instruction; provided, we will maintain Personal Data in accordance with our backup or other disaster recovery policies and procedures. These deletion periods apply to Personal Data and do not apply to de-identified information. We retain de-identified information in accordance with our standard practices for similar information.

In addition, and subject to any data retention required under applicable law, if requested and as directed by a user of our Site, we will delete a user’s Personal Data collected via our Services. Deleting this information may limit some or all features of our Services. Where required by local law, we will delete such information and provide a certification of such deletion.

What security measures do we use?

Please refer to the section How We Protect Personal Information above for more information on the security measures we use to protect your Personal Data.

What rights do you have regarding your Personal Data?

You may have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights or to submit a request, please email [email protected] or call us toll-free at (800) 323-9540 (in the US) or (630) 467-7000 (outside the US). Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is impractical, if it jeopardizes the rights of others, or if it is not required by law. In those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary, to verify your identity and the nature of your request.

Your rights under the GDPR include:

Access. You can request more information about the Personal Data we hold about you and request a copy of your Personal Data.

Rectification. If you believe that any Personal Data we process about you is incorrect or incomplete, you can request that we correct or supplement such data.

Erasure. You can request that we erase some or all of your Personal Data from our systems.

Withdrawal of Consent. If we are processing your Personal Data based on your consent (as indicated at the time of collection of such Personal Data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to provide express consent on a case-by-case basis for the use or disclosure of certain Personal Data when such use or disclosure is necessary to enable you to use some or all features of a Site.

Portability. You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the Personal Data to another entity where technically feasible.

Objection. You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes.

Restriction of Processing. You can ask us to restrict further processing of your Personal Data.

Right to File Complaint. You have the right to lodge a complaint about Riverside’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.

 

NY Education Law 2-d

New York’s Education Law 2-d and the New York Parents’ Bill of Rights for Data Privacy and Security (collectively, “Ed Law 2-d”) addresses the relationship between schools and their third-party contractors, in addition to the schools’ relationships with parents/guardians. The only elements of Ed Law 2-d that are incorporated herein are those provisions directed to third-party contractors (“Contractor Ed Law 2-d Provisions”). We agree to comply with the Contractor Ed Law 2-d Provisions for schools in the State of New York. If there is a direct conflict between this Privacy Policy and the Contractor Ed Law 2-d Provisions, the Contractor Ed Law 2-d Provisions will control. The full text of Ed Law 2-d is available at the New York State Education Department website (as of the date of this publication: https://www.nysenate.gov/legislation/laws/EDN/2-D).

 

Illinois Student Online Personal Protection Act ("SOPPA")

The Illinois Student Online Personal Protection Act (“SOPPA”) requires school districts to take certain precautions with respect to the student data collected by educational technology companies. SOPPA applies to all Illinois school districts, the Illinois State Board of Education, and operators of online services and applications. The only elements of SOPPA that are incorporated herein are those provisions directed to third-party contractors (“Contractor SOPPA Provisions”). We agree to comply with the Contractor SOPPA Provisions for schools in Illinois. If there is a direct conflict between this Privacy Policy and the Contractor SOPPA Provisions, the Contractor SOPPA Provisions will control. As of the date of this publication: the full text of SOPPA is available on the following website: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3806&ChapterID=17 .

 

Other Websites and Services

Our Services may direct you to or integrate with third-party services or websites. As noted above in the subsection Our Service Providers, we exercise commercially reasonable efforts to partner with service providers whose privacy policies governing their processing of Personal Information align with this Policy. We understand that you may want to examine and inquire about our service providers’ privacy practices, and we encourage you to do so.

 

De-Identified Information

The specific definition of “de-identified information” applicable to you depends on the laws applicable to your data. In general, however, de-identified information is information from which all personal identifiers have been removed or obscured such that it does not identify an individual and there is no reasonable basis to believe that the information can identify an individual.

Riverside collects and uses aggregated, de-identified information to assess the quality of and improve our Services and for purposes of assessment development, research, and publications relevant to our services and industry. As part of our assessment development efforts, we may share aggregated, de-identified information with reputable third-party development partners, who are considered experts in the field of assessments and subject to strict obligations of security and confidentiality with respect to information they receive from us. These development partners only use the de-identified information we share with them for analysis on our behalf and for purposes permitted under this Policy.

Finally, while assessments are in progress, we use de-identified information in order to authenticate a user’s identity, maintain links between Students/Examinees and their respective proctors during assessment sessions, and update certain features of our Services.

 

Changes to Our Privacy Policy

We reserve the right to update this Policy at any time. We will post the revised Policy on our main Site (https://www.riversideinsights.com/support/policies), and such changes will be effective immediately unless otherwise stated. If these changes are material, we will provide notice to you through email notifications and/or prominent statements on our website and, where required by applicable law, we will obtain your consent.

 

Personal Information Transferred from the U.S.

If you are located outside of the United States, please be aware that information we collect, including Personal Information, may be transferred to, and processed, stored, and used in the United States. The data protection laws in the United States may differ from those of the country in which you are located.

 

Do Not Track

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites, web applications, and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services currently do not support Do Not Track requests.

 

How to Contact Us

If you have any questions about this Policy, please email us at [email protected] or call us toll-free at (800) 323-9540 (in the US) or (630) 467-7000 (outside the US).



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