Privacy Policy

Questar Assessment Inc. (“Questar,” “we,” “our,” or “us”) has adopted the following Privacy Policy applicable only to the collection and use of Personal Information (defined below) and other information gathered on certain websites, web-based services, assessment platforms, tools, applications, and Mobile Apps (defined herein) that are owned and/or operated by, or by authorized third parties on behalf of, Questar (each, a “Site,” and collectively, the “Sites”), including, without limitation and only by way of example, the website www.questarai.com, a commercial website designed to supply information about Questar and our products, processes, and services to our customers, prospective customers, and vendors and their respective employees and agents and the Nextera application, Questar’s online assessment platform that provides administrative access for test configuration and to retrieve student results and a student-facing aspect through which students interact with assessments across a variety of fixed and mobile computing devices and provide responses to assessment questions (the “Platform”). If you have any questions or concerns about this Privacy Policy, please email us at [email protected] or send a letter to: 5550 Upper West 147th Street, Apple Valley, MN 55124.

If you have arrived at this Privacy Policy by “clicking” on an authorized link directing you to a Questar-operated Site, then this Privacy Policy applies to such Site. This Privacy Policy does not apply to any website owned and/or operated by or on behalf of any third party, even if we provide a link to such website on our Site. Capitalized terms used herein without definition shall have the meanings given such terms in our Website Terms of Use, which in combination with this Privacy Policy apply to your use of the Sites. We recommend reviewing these materials regularly, as they may be updated from time to time.

When we refer to “you” or “your,” we mean the person accessing the Sites. If the person accessing the Sites acts on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.

We created this Privacy Policy to help you understand how we collect Personal Information, what types of Personal Information we collect, how we use it, the steps we take to safeguard it, and the choices you have regarding how it may be used and disclosed. This Privacy Policy addresses some types of information, including some Personal Information, the various means of collecting such information, and the possible uses of such information, that may not presently apply to the Site. We are nevertheless advising you about these matters because we want to maintain flexibility in offering additional features without having to revisit this Privacy Policy every time we revise the Site or offer new functions. No description of any type of information, means of collecting information, including Personal Information, or use of such information will obligate us to collect any particular information, make any particular use of any such information or offer any particular functionality. This Privacy Policy does not apply to any other website or offline point of contact between us and you. This Privacy Policy does not cover information, including Personal Information, we collect by means other than the Sites. If you have any questions about how we use information, including Personal Information, collected by means other than the Sites, you should inquire at or before the time you give such information to us.

The web servers that serve the Sites may gather certain navigational information about where visitors go on our Sites and information about the technical efficiencies of our Sites and services. In the process of gathering navigational information, anonymous information may be collected which will provide information regarding a visitor’s use of our Sites. Anonymous information means information that does not directly or indirectly identify, and cannot reasonably be used to identify, a particular individual. Examples of anonymous information may include information about your Internet browser, domain type, service provider and IP address information collected through tracking technologies and aggregated or de-identified data. We may also collect location information, which means information that may be collected by certain mobile applications and that identifies your physical location. This information may be collected from your mobile device’s location-aware features when you request certain services that are dependent on your physical location.

PERSONAL INFORMATION

In order to operate the Site and provide you with information, products and services that may be requested by or be of interest to you, we may collect and retain Personal Information. “Personal Information” refers to information that identifies (whether directly or indirectly) a particular individual, such as information you provide to us or our authorized clients or customers on “Contact Us” forms, surveys, applications, account set-up and enrollment forms or similar online fields. Examples of Personal Information may include your name, postal address, email address, telephone number, Social Security number, date of birth, or financial information (for example, passwords, bank and other financial institution account numbers, and billing address) and demographic information (for example, zip code, hometown, gender, financial transaction history information, accommodations and age). By submitting Personal Information through our Sites, you will be considered to have given your permission and consent for the collection, use, retention, and disclosure of your Personal Information as set forth in this Privacy Policy. Use of our Sites and services is strictly limited to persons who are of legal age in the jurisdictions in which they reside. We may also collect data resulting from your activity related to access and use of our Sites, such as page views.

COLLECTION AND USE OF INFORMATION FROM USER INFORMATION REQUESTS

You may, but are not required to, send inquiries or request additional information about Questar and our products, processes, and services by completing a contact or request form or sending us an email. We may collect information, including your name, organization, email address and the other information supplied through such contact or email. We may, from time to time, use such information to respond to your inquiries; supply information about Questar and our products, processes, and services; and maintain a record of the contact.

COLLECTION AND USE OF INFORMATION FROM CAREER INQUIRIES

Through the Careers page, you may submit an application or a resume to apply for a job at Questar. If you submit an application or a resume, we may collect and keep a record of the submission, including the email address, the resume, and all information supplied with such submission, and use this information to evaluate you for a position at Questar. We also may, but are not obligated to, retain this information for the purpose of evaluating you for other employment opportunities in the future.

INFORMATION FROM CHILDREN

This website is not directed to anyone under the age of 13. Questar will not, through this website, knowingly collect, maintain, or use any personally identifiable information about anyone under the age of 13. In compliance with the Children’s Online Privacy Protection Act (“COPPA”), any information that Questar may receive from any individual who is reasonably believed to be under the age of 13 will be deleted. If you are under the age of 13, please do not provide any Personal Information through the Sites. If you are under the age of 13 and have already provided Personal Information through the Sites, please have your parent or guardian contact us immediately using the contact information provided herein so that we can remove such Personal Information from our files.

INFORMATION RECEIVED FROM INTERNET SERVICE PROVIDERS

The Sites receive information automatically generated by your internet service provider (“ISP“). This information may include the IP address (a number automatically assigned to a computer by the ISP); the associated URLs; domain types; the browser type used to access this website; the country, the state, and the telephone area code; the location of the ISP servers; the pages of the Sites that you viewed during the visit; any search terms entered on the Sites; and your website address and email address.

This information may be collected for system administration purposes, to gather broad demographic information, and to monitor the level of activity on the Sites. Questar does not link IP addresses to personal information. However, we reserve the right to link IP addresses and other information supplied by the ISP to personally identifiable information in order to protect the integrity of our system and for security purposes. We may also supplement this information with the Sites traffic information that is collected automatically when you visit our Sites, and with information acquired from our joint marketing partners, third parties, and our affiliated companies.

COOKIES

Cookies are small text files that a website transfers to your computer’s browser. Cookies are commonly used to store information about a consumer’s online activities, including information such as the content or advertisements that a consumer views or the pages a consumer visits within a particular website. A cookie can contain information about you, your computer, your browser, your session, the websites you visit, and other information about you or others who use, or have used, the computer or browser you use to access the internet. We may use cookies to measure traffic patterns, personalize content, and control security. The cookies we use, if any, are not linked to any Personal Information while using the Sites unless you have given us permission to link Personal Information to one or more cookies. Please note that you give us that permission any time you register on the Sites, use or conduct a transaction through the Sites, or identify yourself or the computer you are using through the Sites. A cookie that is not linked to Personal Information may identify your computer, browser, and internet specifications.

CLICKSTREAM DATA

As you use the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes referred to as “clickstream data,” can be collected and stored by a website’s server. Clickstream data can identify the type of computer and browsing software you use and the address of the website from which you linked to the website. We may use clickstream data as a form of non-Personal Information to anonymously determine how much time visitors spend on each page of the Site, how visitors navigate throughout the Site, and how we may tailor our web pages to better meet the needs of visitors. However, we do use clickstream data to track Personal Information in connection with the access of or to and use of the Platform and Mobile Apps associated with the Platform. For example, we track Personal Information as clickstream data in the Platform administration site with respect to educators’ access to and use of the Platform. We also track Personal Information as clickstream data in the test delivery system with respect to the students’ access to and use of such aspect of the Platform.

LOG FILES

We or our hosting provider may collect traffic information from visitors for statistical analysis and Site improvement. When you access the Sites, we or our hosting provider may collect information about your visit in a log file on a server. Log file information may include, but is not limited to, internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. We or our hosting provider use this information to analyze trends, administer sites, track users’ movements in the aggregate, and gather demographic information for aggregate use. We and/or our hosting provider may review this information to better understand overall trends and to determine what kinds of content are popular with and useful to users.

MOBILE DEVICES

When you use a Questar mobile application (“Mobile App”), we collect and use information about you in the same way and for the same purposes as we do when you use our Sites. In addition to this, we also use some other information that we collect automatically when you use our Mobile Apps. We collect information about Mobile App functionality that you access and use, which allows us to identify those areas of the Mobile App that are of interest to our users so that we can continuously improve our Mobile Apps. Each Mobile App also sends us the device’s Unique Device Identifier (or “UDI”), a sequence of numbers or characters that are unique to your mobile device. Each Mobile App will also send us error-reporting information in the event that it crashes or hangs, which enables us to investigate the error and to improve the stability of the Mobile App for future releases. As part of these error reports, the Mobile App sends us information about the mobile device type and version, the UID, the time the error occurred, the feature being used, and the state of the application when the error occurred. We do not use this information for any purpose other than investigating and remedying the error. You can always remove the Mobile App from your mobile device entirely and access our services through our Sites.

SOCIAL NETWORKS

If you decide to access or interact with a social network when using our Sites, we may further collect certain Personal Information made available through your social network account. You may also choose to share your information between the Sites and your social network accounts, in which case, you may have your Personal Information and other content about you on the Sites available, transmitted, and shared with your social network account(s). By signing onto a Site by using your social network account, you will share your Personal Information between the Site(s) and such social networks. You acknowledge and agree that the social network’s use of Personal Information is governed by that particular social network’s privacy policy and controlled by that particular social network, and not by this Privacy Policy or Questar. Additionally, when you connect to any of your social network accounts through the Sites for the first time, or otherwise enable the Questar services to interact with your social network account, you will be asked to permit the social network to share your Personal Information stored on such social network with the Sites. We collect your Personal Information from your social network account only in accordance with your privacy settings you have set up under your social network accounts.

Our Sites integrate plugins, widgets and other features from various social networks, including:

• Twitter Tweet-Button, widgets, and other features, allowing your interaction with the Twitter social network provided by Twitter, Inc. (Twitter’s privacy practices can be viewed at https://twitter.com/privacy).
• Facebook Like-Button, social widgets, and other features allowing interaction with the Facebook social network as provided by Facebook, Inc. (Facebook’s privacy practices can be viewed at https://www.facebook.com/about/privacy/).
• LinkedIn Share-Button, widgets and other features, allowing your interaction with the LinkedIn social network provided by LinkedIn Corporation (LinkedIn’s privacy practices can be viewed at https://www.linkedin.com/legal/privacy-policy)

These features allow such social networks to place cookies on your browser and collect certain of your Personal Information, which may include your name and personal social network account information. These other features are operated solely by the respective third parties and their service providers, and not Questar. You should carefully read the privacy policies of each applicable social networks before you decide to use such functionalities and features.

Questar has no control over or access to the information collected, stored, or used by such third-party social networks, and the information practices by such third parties are not covered by this Privacy Policy. If you do not wish to associate any information so collected via the plugins, widgets, and/or other features with your social network account information, you should refrain from using these functionalities and features and log-out from your social network account before using our Sites.

GOOGLE ANALYTICS

Google Analytics (http://www.google.com/analytics/) is a web analysis service provided by Google Inc. (“Google”), which uses cookies to help Questar, among other things, analyze how users use our Sites, to prepare reports on activity on our Sites, and assist us with expanding and/or enhancing our services. Generally, and unless you take appropriate action, any information generated by the cookies about your use of our Sites or services will be transmitted to Google and stored by Google. Google may also use the data collected to contextualize and personalize the ads of its own advertising network and/or share the data with other Google services (Google’s privacy policy may be viewed at http://www.google.com/policies/privacy/). You may at any time opt out from the collection of information stored and generated by the Google Analytics cookies as well as the use of such data by Google by downloading and installing the browser-plugin which is available at https://tools.google.com/dlpage/gaoptout.

TRANSMISSION OF INFORMATION

The internet is a global environment. By using the Sites and sending information to us electronically, you consent to trans-border and international transmission of any data that you may choose to supply us. Information transmissions to the Sites and emails sent to us may not be secure. Given the inherent operation and nature of the Internet, all internet transmissions are done at your own risk.

INFORMATION SHARING AND DISCLOSURE

Information collected through the Sites may be supplied to Questar and other companies and organizations that perform work for us under contract or sell products or services that complement our products and services. We also may disclose Personal Information in the following situations: (a) in response to a subpoena, court order, or legal process, to the extent permitted and required by law; (b) to protect user security or the security of other persons, consistent with applicable laws; or (c) in connection with a sale, joint venture, or other transfer of some or all of the assets of Questar. We otherwise exercise reasonable care to not otherwise share or disclose your name or any Personal Information with third parties, except with your prior approval.

LINKS TO OTHER WEBSITES

The Sites may contain links to other websites on the internet that are owned and operated by third parties. The information practices of those websites are not covered by this Privacy Policy but may be covered by their own terms and policies, which you should read carefully. These other websites may send their own cookies, collect your data, or solicit personal information. Questar is not affiliated with such third-party websites, and you therefore acknowledge and agree that your use of such third-party websites is at your own risk and that Questar will not be responsible for the operation of such third-party websites or your access and use thereof.

SUPPLEMENTATION OF INFORMATION

We may supplement the information we receive from you with other information we receive from third-party sources or clearinghouses. Thus, information we obtain through the Site may be intermingled with and used in conjunction with information obtained through sources other than our Site, including both offline and online sources.

INFORMATION OWNERSHIP

As between you and us, Questar, its affiliates, subsidiaries, or licensees, or the States, Districts, or other entities that engage Questar to perform test creation, delivery, and assessment is the sole owner of the all user information collected through the Sites. We may collect information from users at several different points on the Sites.

OUR SECURITY PRECAUTIONS; GEOGRAPHIC LOCATION OF INFORMATION

Questar will take reasonable precautions to protect Personal Information provided to us through the Sites from loss, misuse, unauthorized access, disclosure, alteration, and destruction. Questar has put in place appropriate physical, electronic, and managerial procedures to safeguard and secure such Personal Information from loss, misuse, unauthorized access, disclosure, alteration, and destruction. Our security and privacy policies are periodically reviewed and enhanced as necessary.

While Questar strives to undertake reasonable and necessary efforts to secure Personal Information provided to us through the Sites, even such security measures do not guarantee the security of all Personal Information, and Questar cannot guarantee that the Personal Information it collects, uses, and retains will be protected in all circumstances, including those beyond Questar’s reasonable control.

Your information may be transferred to and maintained on computer networks that may be located outside of the state, province, country, or other governmental jurisdiction in which you reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in your country or jurisdiction.

INTERNATIONAL USERS

If you are visiting the Site from outside of the United States, your connection may be made through and to servers located in the United States, your registration, entries, and orders placed through the Site may be fully processed in and from the United States, and all information you provide may be processed and maintained in our web servers and internal systems located within the United States. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that we take steps to ensure that your privacy is protected. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Privacy Policy. By using the Sites, you authorize the export of Personal Information to the United States and its storage and use as specified above when you provide such information to us. This Privacy Policy and our legal obligations are subject to the laws of the State of Illinois and the United States, regardless of the location of any user. Any claims or complaints must be filed exclusively in the courts of the United States in the State of Illinois.

NOTICE REGARDING UNAUTHORIZED ACCESS OR DISCLOSURE OF PERSONAL INFORMATION

For the purposes of any applicable law regarding notification of persons whose Personal Information was, or is reasonably believed to have been, acquired by an unauthorized person, any required notification may, where permitted by law, be made by the use of email, telephone, fax, or mail (including a notice printed in an available area of a bill or statement) or by posting a notice on the Site. The specific means used is up to us, and we will use our best judgment based on the circumstances. Where any notice is to be sent to a specific address or number (such as an email address, physical address, telephone number, etc.), we will use the latest available address in our records. YOU AGREE TO THIS MEANS OF NOTIFICATION.

YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident, you may request that we provide to you (i) a list of the categories of Personal Information about you that we have disclosed to third parties for the third parties’ direct marketing purposes during the calendar year preceding your request, (ii) the names and addresses of such third parties, and (iii) if the nature of the third parties’ business cannot reasonably be determined from their names, examples of the products or services marketed, if known to us, sufficient to give you a reasonable indication of the nature of the third parties’ business. To submit your request, please email [email protected]
NOTICE OF IMMUNITY FROM LIABILITY FOR CONFIDENTIAL DISCLOSURE OF A TRADE SECRET TO THE GOVERNMENT OR IN A COURT FILING.

Notwithstanding anything herein to the contrary, under the Federal Defend Trade Secrets Act of 2016, an individual may not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that: (A) is made: (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding if the individual files any document containing the trade secret under seal and does not disclose the trade secret except pursuant to court order. Nothing herein is intended, or should be construed, to affect the immunities created by the Defend Trade Secrets Act of 2016.

CORRECTING OR UPDATING PERSONAL INFORMATION

If your Personal Information changes or if you have reason to believe that your Personal Information as we maintain it is incorrect and you are unable to change your Personal Information by logging into your account, you may contact us through the “Contact Us” form at https://www.questarai.com/AboutUs/Pages/contact.aspx, and we will attempt to accommodate all reasonable requests for such changes. Note that some information may be changed only by contacting the administrator of the Site.

CHANGES TO THIS PRIVACY POLICY

We reserve the right, in our sole and absolute discretion, to change, modify, add, or remove any portion of the terms of this Privacy Policy, in whole or in part, at any time by posting an update. We encourage you to review this Privacy Policy periodically for any changes or updates. We will not provide individual notice to you of changes to this Privacy Policy. Each time you visit the Site or provide us with information, including Personal Information, by doing so you are indicating your acceptance of the practices described in this Privacy Policy as in effect at that time. However, when we update this Privacy Policy, we will update the date in this section. BY USING THE SITE(S), YOU AGREE TO THIS CHANGE PROCEDURE.