Privacy Policy & TOS

QoreInsights Privacy Policy

Effective September 8, 2022

QoreInsights (“QoreInsights,” “we,” or “us”) understands that privacy is tremendously important to online visitors to our website (“Website Visitors”), to districts, schools, administrators, and teachers who use our Service (“Schools”), and to students whose information we may access on behalf of a School (“Students”). QoreInsights provides a platform that enables Schools and Students to determine and record information about students, analyze that information, and provide Schools actionable classroom information, targeted instructional strategies, and customized professional development. As we describe below, Schools decide which data is integrated with QoreInsights. This privacy policy applies to our website https://QoreInsights.com/ and to the QoreInsights platform (our “Service”) and describes the steps we take to protect your data. Capitalized terms that are not defined in this Privacy Policy have the meaning given them in our Terms of Service.

 

 

1. Information we collect

We strive to be transparent in our data collection and use practices.

Information about Schools: We ask for certain information when a School administrator registers a School with QoreInsights, or if the administrator corresponds with us online, including a name, school name, school district, school email address and/or account name and password, phone number, message content, and information relating to the School’s information systems. We may also retain information provided by a School if the School sends us a message, posts content to our website or through our Service, or responds to emails or surveys. Once a School begins using the QoreInsights Service, we will collect content and information provided by the School through the School’s use of the Service and we will keep records of activities related to the Service. We use this information to operate, maintain, and provide to the features and functionality of the Service, to analyze and improve our Service offerings and functionality, and to communicate with our Schools.

 

Student Data: Through the course of providing its Service to a School, QoreInsights may have access to personally identifiable information about students (“Student Data”) that is provided by the School, by the parent or guardian, or by the Student.

QoreInsights anonymizes, aggregates, and/or de-identifies Student Data to analyze the data to provide services to Schools and to improve its Services.  When Student Data has been anonymized, aggregated, or otherwise de-identified such that the data cannot reasonably identify a particular student, School, or other QoreInsights Services user, that anonymized, aggregated, or otherwise de-identified data is not Student Data.

QoreInsights has access to Student Data only that has been requested by the School and then provided by the School to QoreInsights and only for the purposes of performing Services on the School’s behalf. QoreInsights receives Student Data only from the School and never interacts with the Student directly. Students access the QoreInsights Service only to complete a student survey.  The School provides each student with login credentials and confirms that it has obtained appropriate parental consents, as needed, before the student is permitted to access the Service.

We consider Student Data to be confidential and do not use such data for any purpose other than to provide the services on the School’s behalf, in accordance with contractual agreements with the School. Our collection, use, and disclosure of Student Data is governed by our Terms of Use, our Additional Terms of Use for Schools, and/or any other agreement with the School, by the provision of the Family Educational Rights and Privacy Act (FERPA), the Children’s Online Privacy Protection Act (COPPA), and applicable state laws which relate to the collection of Student Data. If you are a Student or parent, please contact your School if you have questions about the School’s use of technology service providers like QoreInsights.

 

Information about Parents: Depending on the features and functionality selected by the School, we may collect personal information about a student’s parent or legal guardian (a “Parent”) that is provided by the school. QoreInsights has access to Parent information only that has been requested by the School and then provided by the School to QoreInsights and only for the purpose of performing Services on the School’s behalf.

 

Information collected through technology: Like most websites and online services, we and our third party partners automatically collect certain types of usage information when you visit our Services, read our emails, or otherwise engage with us. We typically collect this information through a variety of tracking technologies, including cookies, web beacons, file information and similar technology (collectively, “tracking technologies”). For example, we collect information about your device and its software, such as your IP address, browser type, Internet service provider, platform type, device type, operating system, date and time stamp, a unique ID that allows us to uniquely identify your browser, mobile device or your account, and other such information. We also collect information about the way you use our Service, for example, the site from which you came and the site to which you are going when you leave our website, the pages you visit, the links you click, how frequently you access the Service, whether you open emails or click the links contained in emails, whether you access the Service from multiple devices, and other actions you take on the Service. When you access our Service from a mobile device, we may collect unique identification numbers associated with your device or our mobile application, mobile carrier, device type, model and manufacturer, and mobile device operating system brand and model. We may be able to determine your approximate location by analyzing other information or a device’s location by analyzing other information, like an IP address to associate a user with their School. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service. Although we do our best to honor the privacy preferences of our visitors, we are not able to respond to Do Not Track signals from your browser at this time.

Cookies and related technology allow us to provide you with a better user experience. For example, we may use the data collected through cookies to: (a) remember information so that a user will not have to re-enter it during subsequent visits; (b) provide custom, personalized content and information; (c) to identify you across multiple devices; (d) to provide and monitor the effectiveness of our Service; (e) monitor aggregate metrics such as total number of visitors, traffic, and usage on our website and our Service; (f) diagnose or fix technology problems; (g) help users efficiently access information after signing in, and (h) otherwise to plan for and enhance our Service

If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Please note that doing so may negatively impact your experience using the Service, as some features and services on our Service may not work properly. Depending on your mobile device and operating system, you may not be able to delete or block all cookies. You may also set your e-mail options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our e-mail and performed certain functions with it.

Third Party Tracking: We do not permit third party advertising networks to collect information about your use of our website and Service over time and across websites for the purpose of serving targeted advertising and we will never use Student Data for targeted advertising.

 

2. How We Share Your Information

Student privacy is very important to us. Student Data is used only for educational purposes at the direction of the School.

QoreInsights only shares personal information in a few limited circumstances, described below. We do not rent or sell information for marketing purposes and we will never share or sell Student Data with third parties for marketing purposes.

 

Who we may share information with:

We share information within the Service as needed to perform the Service and/or at the direction of the School. For example, information including Student Data, will be shared between and among authorized School users such as teachers and School administrators. This sharing will depend on the settings and functionality selected by the School.

We may share information with our trusted third party service providers who perform technology services on our behalf (e.g. web hosting and analytics services), but strictly for the purpose of carrying out their work for us. Contractors and service providers who may have access to Student Data in the course of performing their services are subject to confidentiality and data security requirements.  Such third-party service providers may include DocuSign, Inc., if the school provides Student Information to QoreInsights via DocuSign.

We may be required to share information with law enforcement or other third parties when compelled to do so by court order or other legal process, to comply with statutes or regulations, to enforce our Terms of Service, or if we believe in good faith that the disclosure is necessary to protect the rights, property or personal safety of our users.

We may analyze and/or share information in an aggregated and/or anonymous form that does not reasonably identify a Student or School. For example, we may use and share aggregate or anonymized data to study and improve our Service, user functionality, and product offerings.

 

In the event of a change of control: If we sell, divest or transfer our business, we will not transfer personal information of our customers unless the new owner intends to maintain and provide the Service as a going concern, and provided that the new owner has agreed to data privacy standards no less stringent than our own. In such case we will provide you with notice and an opportunity to opt-out of the transfer of personally identifiable Student Data.

 

How Student Data is shared: Other than as described above, QoreInsights does not facilitate the sharing of any Student Data with third parties.

 

3. How We Store and Protect Your Information

We store our data in the United States and we take strong measures to keep data safe and secure.

 

Storage and processing: Any information collected through the Service is stored and processed in the United States. If you use our Service outside of the United States, you consent to have your data transferred to the United States.

 

Keeping information safe: QoreInsights maintains strict administrative, technical and physical procedures to protect information stored in our servers, which are located in the United States. Access to information is limited (through user/password credentials and two factor authentication) to those employees who require it to perform their job functions. We use industry-standard Secure Socket Layer (SSL) encryption technology to safeguard the account registration process and sign-up information. Other security safeguards include but are not limited to data encryption, firewalls, and physical access controls to building and files.

 

Unauthorized disclosure: If there is any disclosure or access to any personally identifiable Student Data by an unauthorized party, we will promptly notify the affected School(s) and will use reasonable efforts to cooperate with their investigation of the incident.

 

4. Your Choices about Your Information

Account information and settings: Schools may update account information and modify Services by signing into the administrator account. Schools and other website visitors can opt-out of receiving promotional email from us by clicking on the “unsubscribe” feature at the bottom of each email. However, you cannot unsubscribe from Service-related messaging.

 

Access to Student Data: Student Data is provided and controlled by the Schools. If you have any questions about reviewing, modifying, or deleting personal information of a student, please contact your School directly.

 

How long we keep User Content: Following termination or deactivation of a School account, QoreInsights may retain profile information and content for a commercially reasonable time for backup, archival, or audit purposes, but any and all Student Data associated with the School will be deleted promptly. We may maintain anonymized or aggregated data, including usage data, for analytics purposes.

 

5. Children’s Policy

We do not collect any information from students without consent.

QoreInsights does not knowingly collect any information from children under the age of 13 unless and until the School has obtained appropriate parental consent for the student to use the Service. Because QoreInsights collects and uses Student Data at the direction of and under the control of a School, QoreInsights relies on each School to provide appropriate notice to parents of the School’s use of third party service providers such as QoreInsights, and for the Schools to provide consent, if necessary, and authorization for QoreInsights to collect Student Data, as permitted by the Children’s Online Privacy Protection Act (COPPA). Please contact us at PrivacyConcern@QoreInsights.com if you believe we have inadvertently collected personal information of a child under 13 without proper consent so that we may delete such data as soon as possible.

 

6. Links to Other Web Sites and Services

We are not responsible for the practices employed by websites, applications or services linked to or from our Service. We recommend that the School review the privacy policies of other applications before authorizing a third party to access data through the Service.

 

7. Jurisdiction-Specific Disclosures

We may be required by law to provide additional privacy disclosures, depending on the jurisdiction in which you reside. Please refer below for disclosures that may be applicable to you:

 

Illinois

SOPPA requires that, if the school maintains a website, the school must publish QoreInsights’ written Privacy Agreement and Terms of Service agreements on the school’s website, and, if the school does not maintain a website, the School must make the written agreements available for inspection by the general public at its administrative office.

 

Nevada

Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the Nevada resident. At this time, we do not engage in data “sales” as defined by the Nevada law. However, if you would like to submit a request to opt-out of future sales (if any), please email us at Support@QoreInsights.com with the subject line “Nevada opt-out.”

 

California

California law requires disclosure of certain information regarding personal information. For purposes of this California Notice, “personal information” has the meaning provided by the California Consumer Privacy Act (the “CCPA”) and does not include information that is publicly available, de-identified or aggregated such that it is not capable of being associated with a person, or that is excluded from the CCPA’s scope, such as personal information covered by certain sector-specific privacy laws, such as the HIPAA, the FCRA, GLBA or the Driver’s Privacy Protection Act of 1994. This California Notice does not apply to information relating to our employees, contractors, or other personnel.

 

A note about Student Data. QoreInsights provides Services to Schools as a “School Official” under FERPA. That means that we collect, retain, use and disclose Student Data only for or on behalf of a School customer for the purposes of providing the Services specified in our agreement with the School, and for no other commercial purpose. Under the CCPA, we collect, retain, use and disclose Student Data as a service provider to our School customers and this California Notice does not describe our practices with regard to Student Data or any other personal information we process as a service provider. If you have a question or would like to exercise your California consumer rights to knowledge, access or deletion, please contact your School directly.

 

Collection and use of personal information. We collect personal information from and about you for a variety of purposes. For example, we use personal information to respond to your requests, engage with you as a customer or other vendor, and provide our Services to you or receive Services from you; for marketing and advertising purposes; to monitor, improve, and develop our products and Services; and to protect the security and integrity of our business, comply with legal requirements and obligations; for our business and operational purposes; and as otherwise permitted or required by law.

The type of personal information we collect will depend on how you engage with us, and is typically, but not necessarily limited to, the following categories:

Identifiers, such as your name, address, phone number, email address, or other similar identifiers;

Personal survey response information regarding your perceptions of your school and yourself as a learner.

California customer records, such as payment information;

Professional and educational information, if you apply for a job with us through our website;

Commercial information, such as a history of our Services purchased, obtained or considered;

Internet/Network information, such as device information, logs and analytics data; and

Geolocation data, such as precise location data from your device or generated based on your IP address

We collect this information directly from you, from our business partners and affiliates, from your browser or device when you visit our websites, or from third parties that you permit to share information with us.

 

Disclosure of Personal Information. We share personal information with third parties for business purposes. The categories of third parties to whom we disclose your personal information may include: (i) our service providers and advisors, (ii) vendors who assist us with marketing and advertising our services; (iii) analytics providers; and (iv) third parties with your consent or at your direction, or with whom you interact through our Service.

When we disclose your personal information to our service providers, vendors or other third parties that process the information on our behalf, we have entered into a written contract that includes terms substantially similar to this notice and we will remain liable for any breach of this notice that is caused by the acts or omissions of our service providers.

We do not sell your personal information for monetary or other valuable consideration.

 

Your Rights and Choices. As a California resident, you may be able to request to exercise the following rights:

The Right to Know any or all of the following information relating to your personal information we have collected and disclosed in the last 12 months, upon verification of your identity:

The specific pieces of personal information we have collected about you;

The categories of personal information we have collected about you;

The categories of sources of the personal information;

The categories of personal information that we have disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed;

The categories of personal information we have sold and the categories of third parties to whom the information was sold; and

The business or commercial purposes for collecting or selling the personal information.

The Right to Request Deletion of personal information we have collected from you, subject to certain exceptions.

The Right to Opt Out of Personal Information Sales to third parties now or in the future.

You also have the right to be free of discrimination for exercising these rights. However, please note that if the exercise of these rights limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you our products and services or engage with you in the same manner.

 

To Submit your California Consumer Rights Requests. You may submit a request to exercise your California Consumer Rights through the mechanism described below. We will need to verify your identity before processing your request, which may require us to request additional personal information from you or require you to log into your account, if you have one. In certain circumstances, we may decline or limit your request, particularly where we are unable to verify your identity or locate your information in our systems, or as permitted by law.

To exercise your Right to Know or your Right to Request Deletion, email us at Support@QoreInsights.com with the following information, which we use only to fulfill and respond to your request:

Identify your relationship with QoreInsights:

Customer

Job Applicant

Other (Describe)

Note: If you are a School User, please contact your School directly.

Identify the California Consumer Right you would like to exercise:

 

Right to Knowledge

The right to know the categories and specific pieces of personal information we have collected about you, as well as additional information about the sources of information, purposes for which this information was collected, and the categories of third parties to whom we have disclosed this information for business or commercial purposes during the last 12 months

 

Right to Request Deletion

The right to request deletion of personal information we have collected from you, subject to certain exceptions

Provide Name and Contact Information:

First Name

Last Name

City

State

Zip Code

Email Address

Alternate Email Address

Phone Number

Alternate Phone Number

In certain circumstances, we may require additional information if we are unable to verify your request based on the information you have provided. We collect this information to verify your identity and locate your personal information in our systems.

 

8. Changes to Our Privacy Policy

QoreInsights may modify or update this Privacy Policy from time to time so you should review this page periodically.  If we change the policy in a material manner, for example if we seek to use personal information in a materially different way than we had previously, we will provide at least 30 days’ notice to the Schools so that you have sufficient time to evaluate the change in practice. You can always opt-out by deleting your account before the changes take effect.

 

9. How to Contact Us

If you have any questions about this Privacy Policy or the Service, we recommend contacting us by reaching us in one of the following ways:

By Email: Questions@QoreInsights.com

By Mail: QoreInsights Inc, 9935-D Rae Road, #252, Charlotte, NC 28277

By Phone: 704-540-5252

If you are not satisfied with our response, you can contact the iKeepSafe Safe Harbor Program’s dedicated consumer complaint department at: coppaprivacy@ikeepsafe.org

If a Student contacts QoreInsights with a question about our Service, we will collect personal information from that Student only as necessary to respond to the Student’s request and direct the Student to contact the Student’s School, and we will then delete or anonymize the personal data of the Student after providing our response.

 

This privacy policy was last modified on September 8, 2022.

 

 

 

Exhibit 1:  QoreInsights Terms of Service

Effective September 8, 2022

If you have questions about this Agreement, please email us at Questions@QoreInsights.com.

These General Terms of Service apply to all: (i) schools, school districts, and related entities and organizations that sign up to use the Services, including but not limited to administrators who access the Services on their behalf (each a “School”); and (ii) non-School visitors, users, and others, including students, teachers, and their parents or guardians, who use the Services. If you are a School, our Additional Terms of Service for Schools apply to you too. These General Terms of Use and the Additional Terms of Service for Schools (as applicable to Schools) are collectively referred to herein as the “Agreement”.

By accessing or using the Services, checking the box marked [“I Agree”], or by otherwise affirmatively stating your desire to use the Services, you signify that you have read, understood, and agree to be bound by this Agreement and to the collection and use of your information as set forth in the Privacy Policy, otherwise you may not use the Services. Because our Services change relatively often, the terms in this Agreement and our Privacy Policy may change too. If you are a School using the Services, we will notify you via email in advance of any material changes to the terms. Upon making changes, we will update the “Effective Date” found at the top of this page. Your continued use of the Services after any changes constitutes your acceptance of the new terms.

 

Section 1. Who Can Use QoreInsights Services?

You are allowed to use the Services only if you can form a binding contract with QoreInsights, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. If you’ve been removed from the Services previously, you are not allowed to use them again.

Subject to the terms and conditions of this Agreement, QoreInsights grants to you permission to access and use the Services. We reserve all rights not expressly granted to you in the Services and the QoreInsights Content (as defined below). We may terminate this license at any time for any or no reason.

 

A. Details about accessing the QoreInsights Services

Your QoreInsights account gives you access to our Services, but do not sign up on behalf of a School if you do not have the requisite authority to do so. Once you sign up, you are responsible for your account and any data associated with it.

Your QoreInsights account gives you access to the Services and functionality we make available from time to time and at our discretion, which may include single sign-on capability. We maintain different types of accounts for different types of Users. If you open a QoreInsights account on behalf of a School, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement and that you agree to this Agreement on the entity’s behalf.

Remember: you are responsible for any activity that occurs on your account, you may never use someone else’s account without permission, and you must keep your account password secure. We recommend using “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols, and are not reused with any other service) with your account to avoid unauthorized use. Please let us know immediately if you think your account’s security has been compromised so we can help; we are not liable for any losses of any kind caused by any unauthorized use of your account.

 

B. What Control do I have over My Use of the Services

You may control your profile and how you interact with the Services by changing the settings in your settings page. By providing your email address to us you consent to our using the email address to send you Services-related notices, including any required legal notices and other messages, such as additions or changes to the Services and/or notices of product offers. You may opt out or change your preferences in your settings page. While we need your email address to send you important Services-related notices, you can always ask us to stop sending you certain marketing messages. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

 

C. Restricted Uses

Please do not do anything to harm our product or try to hack our service. Specifically, by using the Services, you agree not to do any of these things: (i) copy, distribute, or disclose any part of the Services in any medium, including but not limited to by any automated or non-automated “scraping”; (ii) use any automated system, including but not limited to “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the QoreInsights servers than a human can reasonably produce in the same period of time by using a conventional online web browser; (iii) transmit spam, chain letters, or other unsolicited email; (iv) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (vi) transmit any malicious software agents through the Services; (vii) collect or harvest any third-party personally identifiable information, including account names or Student Data (as defined below), from the Services; (viii) use the Services for any commercial solicitation purposes; (ix) impersonate another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfere with the proper working of the Services; (xi) access any content on the Services through any technology or means other than those provided or authorized by the Services; or (xii) bypass the measures we use to prevent or restrict access to the Services, including but not limited to features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or related content.

We continually update our Services to offer the best possible product. While we plan to continue to offer and improve our Services, we may, without prior notice, change, cancel, create usage limits for, or permanently or temporarily stop offering or allowing you access to the Services generally (“Service Changes”). While we’ll try to give you advance notice of Service Changes that will adversely affect you, this might not be practical or possible and we retain the right to make Service Changes without notice and liability for any reason. If this Agreement ends you continue to be bound by it in any interactions you may have with the Services.

You are fully responsible for your interactions with other Users, and we have no liability for your interactions with any other Users, or for any User’s actions or inactions with respect to you.

 

Section 2. Rights in Our Content

“Student Data” is any information (in any format) that is directly related to any identifiable current or former student that is maintained by a School, and may include “educational records” as defined by the Family Educational Rights and Privacy Act (“FERPA”) that Schools provide to us. While we may need to access Student Data to provide the Services to you, Schools own the Student Data and remain responsible for it. Our Additional Terms of Use for Schools and Privacy Policy provide more detail around how we handle Student Data.

“Intellectual Property Rights” means all worldwide patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all related applications and registrations, renewals and extensions.

The Services and all materials made available to you in connection with them, including, but not limited to, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and any content belonging to other Users (the “QoreInsights Content”), and all related Intellectual Property Rights, are the exclusive property of QoreInsights and its licensors. Except as specified in this Agreement, nothing may be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any QoreInsights Content. To be clear: any use of the QoreInsights Content for a purpose not expressly permitted by this Agreement is strictly prohibited.

If you send us ideas or comments about our Services, you agree that we may freely use or reference those ideas and comments and we do not owe you any payment or have any other obligation of any kind for such ideas or comments.

 

Section 3. General Legal Terms

 
A. QoreInsights Data

Certain parts of the Services may allow you to obtain or access analytics or other data or information associated with your account (“QoreInsights Data”). The data elements we collect and use to create QoreInsights Data depends on your Student Information System (“SIS”) type and the applications you are working with. You can find the data elements used by each application by going to your dashboard.

QoreInsights Data is licensed to you for your use on a limited basis, and is governed solely by the terms of this Agreement and available for distribution only at our sole discretion. QoreInsights owns the account you use to access the Services along with any rights of access or rights to data stored by or on behalf of QoreInsights on QoreInsights servers (except with respect to any Student Data that we may be storing for you), including but not limited to any data representing any or all of your QoreInsights Data. QoreInsights has the right to manage, control and even eliminate QoreInsights Data, except that QoreInsights may only use Student Data as specifically permitted by this Agreement.

This next sentence is surrounded by stars so we can be sure we have your attention (conspicuous code). This section is not in capital letters, because that would make this important information even more difficult to read:

***You understand and agree that any data, account history and account content residing on Qoreinsights’ servers may be deleted at any time for any reason in Qoreinsights’ sole discretion, with or without notice and with no liability of any kind. We do not provide or guarantee, and expressly disclaim, any value, cash or otherwise, attributed to any data residing on Qoreinsights’ servers. If you are a school, you should be absolutely sure to keep secure copies of student data in your student information system or in other secure storage. You should not rely on us to provide copies of or access to your student data.***

 

B. Privacy and Security

We take very seriously the privacy of our users, including schools, teachers, parents, and students. By using the Services you consent to the collection, use and disclosure of your information (including but not limited to Student Data) as set forth in our Privacy Policy and, if you’re a School, in the Additional Terms of Use for Schools, and to have your information (including but not limited to Student Data) collected, used, transferred to and processed in the United States pursuant to our Privacy Policy.

 

C. Third-Party Websites

Our website may contain links to third-party websites, or other materials or information that are not owned or controlled by us. Keep in mind that we do not endorse or assume any responsibility for any third-party sites, information, materials, products, or services. If you access a third party website from the Services, you understand that you do so at your own risk, and you understand that this Agreement, the Additional Terms of Use for Schools and our Privacy Policy do not apply to your use of those sites or services—those sites and services have their own applicable terms and policies.

 

D. Indemnity

You agree to defend, indemnify and hold harmless QoreInsights and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including but not limited to your breach of any of the representations and warranties; (iii) your violation of any third-party right, including but not limited to any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation, including but not limited to FERPA, the Protection of Pupil Rights Amendment (“PPRA”), and the Children’s Online Privacy and Protection Act (“COPPA”); (v) any content or information that is submitted via your account; or (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code.

 

E. Warranty Disclaimer

These next few sections are surrounded by stars so we can be sure we have your attention (conspicuous code). This section is not in capital letters, because that would make this important information even more difficult to read. Again, please feel free to contact us at Questions@QoreInsights.com if any of this is unclear or if you have any questions about what these sections mean.

*** The services are provided on an “as is” and “as available” basis. Use of the services is at your own risk. To the maximum extent permitted by applicable law, the services is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, QoreInsights, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the services will meet your requirements; that the services will be available at any particular time or location, uninterrupted; that any defects or errors will be corrected; or that the services is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the services is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or your use of the services. ***

*** We do not warrant, endorse, guarantee, or assume responsibility for any product or services advertised or offered by a third party through the services or any hyperlinked website or services (including without limitation applications), and we will not be a party to or in any way monitor any transaction between you and third-party providers of products or services. ***

Federal law, some states, provinces and other jurisdictions do not allow exclusions and limitations of certain implied warranties, so some of the above limitations may not apply to you.

 

F. Limitation on Liability

*** To the maximum extent permitted by applicable law, in no event shall QoreInsights, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this services. Under no circumstances will QoreInsights be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the services or your account or the information contained therein. ***

*** To the maximum extent permitted by applicable law, QoreInsights assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our services; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the services; (v) any malicious software agents that may be transmitted to or through our services by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the services; and/or (vii) content you create or the defamatory, offensive, or illegal conduct of any third party. In no event shall QoreInsights, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to QoreInsights hereunder. ***

*** This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if QoreInsights has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. ***

The Services are controlled and operated from US-based facilities, and we make no representations that they’re appropriate or available for use in other locations. If you access or use the Services from other jurisdictions, you understand that you’re entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. Under United States law, you may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.

 

G. Governing Law

You agree that: (i) the Services will be deemed solely based in North Carolina; and (ii) the Services will be deemed passive services that do not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than North Carolina. This Agreement will be governed by the laws of the State of North Carolina, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods does not apply. You agree to submit to the personal jurisdiction of the federal and state courts located in Mecklenburg County, North Carolina for any actions related to this Agreement.

 

H. Severability and Waiver

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us in accordance with the terms of our Privacy Policy. This Agreement, together with any amendments and any additional agreements you may enter into with QoreInsights in connection with the Services including other agreements referenced herein, constitute the entire agreement between you and QoreInsights concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. No waiver of any term of this Agreement will be deemed a further or continuing waiver of such term or any other term, and QoreInsights’ failure to assert any right or provision under this Agreement will not constitute a waiver of such right or provision. If access to the Services is licensed to the United States government or any agency thereof, then the Services will be deemed to be “commercial computer software” and “commercial computer software documentation,” pursuant to DFARS Section 227.7202 and FAR Section 12.212, respectively, as applicable. Any use, reproduction, release, performance, display, or disclosure of the Services and any accompanying documentation by the U.S. Government will be governed solely by this Agreement and is prohibited except to the extent expressly permitted by this Agreement. Neither party will hold themselves out to be joint venturers, and neither party is authorized or empowered to act as the agent of the other.

 

 

 

Exhibit 2:  QoreInsights Additional Terms of Service for Schools

Effective September 8, 2022

Welcome to QoreInsights’ Additional Terms of Use for Schools (the “Additional Terms for Schools”). If you are a School, please also review our General Terms of Service and our Privacy Policy. If you’re not a School (as defined in the General Terms of Use), these Additional Terms for Schools do not apply to you.

Capitalized terms that are not defined below have the definitions given them in the General Terms of Use.

By using the Services, you authorize us to access your SIS or receive Student Data or other information via SIS, Secure File Transfer Protocol (“SFTP”), or any other secure transfer method to provide you software integration services.

 

Section 1: Keeping Your Student Data Confidential and Complying with Applicable Laws

We treat your Student Data as confidential and do not knowingly share it with third parties other than as described in Section 2(B) and in the General Terms of Use and our Privacy Policy.

Both parties agree to uphold their responsibilities under the Family Educational Rights and Privacy Act (“FERPA”), the Protection of Pupil Rights Amendment (“PPRA”), the Children’s Online Privacy and Protection Act (“COPPA”), and the Student Online Personal Protection Act (105 ILCS 85/1) (“SOPPA”) . We provide the Services under the school official exception of FERPA 34 CFR Part 99.31(a)(1). The Children’s Online Privacy and Protection Act (“COPPA”) requires that online service providers obtain clear and verifiable parental consent before collecting personal information from children under 13. You represent and warrant that you have the authority to provide consent on behalf of parents, for us to collect information from students for the purpose of providing the Services to you as described in these Terms before allowing children under 13 to access our Services. We recommend that all Schools provide appropriate disclosures to students and parents regarding their use of service providers such as QoreInsights and that they provide a copy of our Privacy Policy to parents and guardians.

 

Section 2: Authorization to Access Your Student Data

 
A. OUR ACCESS

You authorize us to access Student Data and will provide a way for us access the information stored in your SIS. We will access and process Student Data only in order to provide the Services. As between us, you own all right, title and interest to all Student Data, you are (and other Schools are) solely responsible for any and all Student Data, whether provided by you, students, or others, and we do not own, control, or license Student Data, except to provide the Services.

 

C. THIRD PARTY ACCESS

We provide access to Student Data only to those employees and certain trusted service providers who have a legitimate need to access such information in connection with providing the Services to you. Of course, anyone involved in the handling of Student Data will treat such data as strictly confidential and shall not disclose such data except as necessary in order to provide the Services under the same limitations as QoreInsights.

 

D. OTHER ACCESS

Student Data is controlled by Schools. Parents, legal guardians, and students can ask for their Student Data via their Schools. If there are any changes of Student Data that need to be made in QoreInsights, the School or a third party authorized by the School will upload the new Student Data to QoreInsights.

 

Section 3: How We Use Your Student Data

A. IN GENERAL

By submitting Student Data or other information to us, whether via the Services or otherwise, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to us a non-exclusive, royalty-free, worldwide license during the term of these Additional Terms for Schools and our General Terms of Use to use, transmit, distribute, modify, reproduce, display, and store the Student Data only for the purposes of: (i) providing the Services as contemplated in these Additional Terms for Schools and our General Terms of Use, and (ii) enforcing our rights under these Additional Terms for Schools and our General Terms of Use. Subject to the Paragraph B below, we will not use the Student Data for any purpose except as explicitly authorized by these Additional Terms for Schools and our General Terms of Use. For clarity and without limitation, we will not use Student Data to engage in targeted advertising.

 

B. Anonymized or Aggregated Data

You agree that we may collect and use data derived from Student Data, including data about any Users’ access and use of the Services, which has been anonymized, aggregated, or otherwise de-identified such that the data cannot reasonably identify a particular student or School. We may use such data to operate, analyze, improve or market our Services or to develop other educational sites, services or applications. If we share or publicly disclose information (e.g., in marketing materials) that is derived from Student Data, that data will be aggregated or anonymized to reasonably avoid identification of a specific School or individual student. For example, we may (i) track the number of School administrators on an anonymized aggregate basis as part of our marketing efforts to publicize the total number of Users of the Services, and (ii) analyze aggregated usage patterns for product development efforts. You further agree that we may use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of the anonymized, aggregated data even after this Agreement has expired or been terminated.

 

Section 4: Deleting Student Data and Terminating Your Access to the Services

 
A. Deleting Student Data

You may request in writing that we delete any of your Student Data (except as provided for the Section 3(B) above) in our possession at any time. We will comply with your request in a commercially reasonable time not to exceed ten (10) business days.

 

B. Terminating Your Access to the Services

Schools may, at any time and for any or no reason, terminate these Additional Terms for Schools and our General Terms of Use by providing written notice, except that provisions that by their nature should survive termination will survive termination, such as provisions relating to warranty disclaimers, limitations of liability, indemnities, and governing law.

Within seventy-two (72) hours of our receipt of such notice of termination or earlier if commercially reasonable to do so, we will cease accessing your SIS. We will automatically delete or de-identify all Student Data within seventy-two (72) hours of our receipt of the termination notice, except for Student Data residing on backups or internal logs which will be removed within sixty (60) days, and will provide notice to the School when Student Data has been deleted and/or anonymized as described in Section 3(B) above.

Furthermore, a School may notify QoreInsights that any particular covered information is no longer needed for purposes of the services provided to the School by QoreInsights.  Within 30 days of such notification, QoreInsights shall delete that specified covered information.  Note that, to the extent that such information has been de-identified, such de-identified information shall not be deleted.

 

Section 5: Privacy and Security

We care deeply about the privacy and security of Student Data. We maintain strict administrative, technical, and physical safeguards to protect Student Data stored in our servers, which are located in the United States. We limit access to Student Data only to those employees or service providers who have a legitimate need to access such data in the performance of their duties. All of our employees with access to Student Data are required to have passed a background check and receive annual training on how to maintain the security and confidentiality of student records.

If there is any disclosure or access to any personally identifiable Student Data by an unauthorized party (a “Security Incident”), we will promptly notify the QoreInsights account owner of any affected Schools via email (no later than 30 calendar days after QoreInsights determines that a Security Incident has occurred) and will use reasonable efforts to cooperate with their investigations of the incident. To the extent known, this notice will identify (i) the nature of the Security Incident, (ii) the steps we have executed to investigate the Security Incident, (iii) the type of Student Data affected, (iv) the cause of the Security Incident, if known, (v) the actions we have taken or will take to remediate any deleterious effects of the Security Incident, and (vi) any corrective actions we have taken or will take to prevent a future Security Incident. If the incident triggers any third-party notice requirements under applicable laws, you agree that, as the owner of the Student Data, you may be responsible for the timing, content, cost, and method of any required notice and compliance with those laws. In addition, you are responsible for providing contact information for parents of students whose covered information was compromised during the breach if the breach is attributed to QoreInsights.  However, at the request of the School and when permissible under applicable law, QoreInsights agrees to bear responsibility for the timing, content and method of such required notice on behalf of the Schools. In all instances, QoreInsights will indemnify Schools for all reasonable costs associated with compliance with such notice requirements arising from a breach of the QoreInsights Service that is attributed to QoreInsights. Furthermore, if the breach is attributed to QoreInsights, QoreInsights shall

provide notification to the parents of those students whose covered information was compromised and to regulatory agencies or other entities as required by law or contract;

provide credit monitoring to those students whose covered information was exposed in a manner during the breach that a reasonable person would believe could impact his or her credit or financial security;

indemnify the school against legal fees, audit costs, fines, and any other fees or damages imposed against the school as a result of the breach; and

provide any other notifications and fulfill any other requirements adopted by a State Board or of any State or federal laws.

For clarity and without limitation, QoreInsights will not indemnify for any notification costs arising from a breach of a third party application whose service is accessed through the QoreInsights Service.

 

Section 6: Fees and Payment Terms

You agree to pay all fees specified in an ordering document or an online order that is entered into between you and QoreInsights (each, an “Order Form”) on the payment schedule set forth in such Order Form. Except as otherwise specified in an Order Form, all payment obligations are non-cancelable and fees paid are non-refundable. You will provide us with either valid credit card information, a valid purchase order or alternative payment document reasonably acceptable to us. If you provide us with a credit card, then you authorize us to charge such credit card for all purchased products and services listed in the Order Form(s). Such charges will be made in advance, either annually or in accordance with any different billing frequency stated in the applicable Order Form. If the Order Form specifies that payment will be by a method other than a credit card, then we will invoice you in advance and in accordance with the relevant Order Form(s). Unless otherwise stated in the Order Form, invoiced charges are due net 30 days from the invoice date. You are responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information. If any amount owing by you under this Agreement or any other agreement is 30 or more days overdue, then we may, without limiting our other rights and remedies, suspend our Services to you until such amounts are paid in full. Prices and fees are exclusive of any federal, state, local or other taxes, which will be your responsibility, unless you provide us with proof of your tax-exempt status. Taxes, if any, will be listed separately on the invoice. Upon our request, you will provide us with a certificate or other evidence documenting your tax-exempt status.

 

Section 7: Questions

We here at QoreInsights hope that you will have the best possible experience when using our Services. If you have any questions or concerns about our Services or anything in our General Terms of Use, these Additional Terms for Schools, or our Privacy Policy, please don’t hesitate to contact us by emailing us at Questions@QoreInsights.com and we’ll do our best to promptly respond to you.