RIVERSIDE INSIGHTS
ASSESSMENT PRIVACY POLICY

LAST UPDATED: 8/31/20 

 

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”), 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 and state 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 California Consumer Privacy Act (CCPA), the General Data Protection Regulation (GDPR), and the New York Parents’ Bill of Rights (Privacy Bill of Rights).
    • We protect your data using industry-standard security tools and processes.

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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. 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 first name, middle name, last name, 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, user name/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 identifiers; however, such usage information is not linked to any individual.

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.
    • 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.
    • 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 for 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 third-party service providers to assist us in providing aspects of our Services. For example, we may engage third parties to provide hosting services, website and app security, remote proctoring services, customer communications, 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.

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;
  • 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 you, or to have us complete any of the tasks described in this section on your behalf, you may submit a request to inquiry@riversideinsights.com or call us toll-free at (800) 323-9540 (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 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 full 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 16. Further, Riverside does not sell Student/Examinee Personal Information and does not market or advertise directly to Students/Examinees.

 

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 we collect 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, which were disclosed for business purposes, and the categories of third parties in the twelve (12) months preceding your request for your Personal Information. You can also access certain of your Personal Information by contacting us at inquiry@riversideinsights.com or calling us toll-free at (800) 323-9540 (US) or (630) 467-7000 (Outside the US) to make such corrections.

Erasure

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.

Right to 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.

If you would like to exercise your rights listed above, please send (or have your authorized agent send) an email to inquiry@riversideinsights.com or call us toll-free at (800) 323-9540 (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 another consumer, please clearly indicate this fact and your authority to act on such consumer’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 General Data Protection Regulation (“GDPR”)

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

For this GDPR section, we use the terms “Personal Data” and “processing” as they are defined in GDPR. “Personal Data” generally means information that can be used to individually identify a 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 inquiry@riversideinsights.com or call us toll-free at (800) 323-9540 (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 basis for processing may 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 Interest. We may also process your Personal Data in connection with our legitimate business interests, for example:
    • Operation and improvement of our business and Services;
    • Providing customer support;
    • Protection from fraud or security threats;
    • Protecting the security of your account with us;
    • Providing you with a sign-in method;
    • Compliance with our legal obligations; and
    • Completion of corporate transactions.
  • Consent. In some cases, we may process Personal Data based on the 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 to you at the point and time of collection.
How and with whom do we share your 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 in accordance with our contractual commitments and records retention policies. 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 inquiry@riversideinsights.com or call us toll-free at (800) 323-9540 (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. But in those circumstances, we will still respond to notify you of such 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 GDPR consist of:

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 of your 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 Parents' Bill of Rights for Data Privacy and Security

The New York Parents’ Bill of Rights for Data Privacy and Security (the “Privacy Bill of Rights”) addresses the relationship between schools and their third-party contractors, in addition to the schools’ relationships with parents/guardians. The only elements of the Privacy Bill of Rights that are incorporated herein are those provisions directed to third-party contractors (“Contractor Privacy Provisions”). We agree to comply with the Contractor Privacy Provisions for schools in the State of New York. In the event of a direct conflict between this Privacy Policy and the Contractor Privacy Provisions, the Contractor Privacy Provisions will control. The full text of the Privacy Bill of Rights is available at the New York State Education Department website (as of the date of this publication: http://www.nysed.gov/common/nysed/files/programs/data-privacy-security/parents-bill-of-rights_1.pdf).

 

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 that post a privacy policy governing their processing of Personal Information that aligns 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 and improve our Services. Further, Riverside uses de-identified information for assessment development purposes. As part of our assessment development efforts, we may share aggregated, de-identified information with reputable third-party development partners, who are 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 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 inquiry@riversideinsights.com or call us toll-free at (800) 323-9540 (US) or (630) 467-7000 (Outside the US).