Legal

What information we collect about you

Corporate and Product Sites

Site visitors are classified as visitors of our Wefivesoft corporate and product websites, which are targeted at providing and collecting information about our company and product for the purposes of marketing. These websites ordinarily are not required to be visited by users (E.g. teachers, parents, and students) of our Products and Services as they can visit and consume our Applications through separate endpoints without ever needing to visit our Corporate and Marketing Sites.

Personal Information

We collect personal information from you that directly or indirectly identifies you, such as your name, title, employer, address, telephone number, and email address (“personal information”). We collect such personal information when you (i.e., school administrator) request or subscribe to information related to our company, Products, and/or Services via forms which are only used for educational purposes.

Automated Information

As is true of most other websites and applications, Wefivesoft Sites and Applications collect certain information automatically and store it in log files. The information may include internet protocol (IP) addresses, the region or general location where your computer or device is accessing the internet, browser type, operating system, and other usage information about the use of our Sites, including a history of the pages you view.

Cookies and Other Similar Technologies

“Cookies” include commonly used pieces of information in the form of small files that are placed on an individual’s device to enable the individual to more easily communicate and interact with websites. When you visit our Site, we may send one or more cookies to your device. They enable us to store information about your device which helps us, amongst other things, to provide you with a good experience when you browse our Sites and enhance the level of services and functions provided. We also use third parties to serve advertisements for our Products and Services on other websites that may be of interest to you, based on information collected about your use of our Sites and other websites. To do so, these companies may place or recognize a unique cookie or similar on your browser.

Products and Services

Products and Services are classified as information collected from school, student, and parent users of our MarkersPro Applications (E.g. MarkersPro) and Services (E.g. Technical Support).

For purposes of this Privacy Policy, the school determines what information we collect through the Wefivesoft Products and Services and how such information is used, and we process the student and parent information according to the school’s instructions and the terms of our contract with your school. Wefivesoft takes care of the student data & information security policy. Wefivesoft is a data processor (“data processor”) with respect to student or parent personal information, and the school is the data controller (“data controller”). The school enters into an agreement with Wefivesoft to provide products and services to the school. The school acknowledges and agrees that Wefivesoft is a data processor with respect to personal information received from that school, student, or parent in connection with Wefivesoft’ Products and Services.

If you are a parent or student (“you”, “parent”, “student” or “user”), please visit your school’s website to read more about your privacy rights.

Personal Information

We collect personal information from you that, directly or indirectly, identifies you such as your name, title, employer, address, telephone number, and email address (“personal information”). We collect such personal information when you (i.e., school administrator) establish a user account on our Sites and Applications. You may also provide us with information about the child using the Service, such as name, result, student medical history, and grade.

Account Information

The account information we collect from you will depend on the product and services you choose. This might include students and their parents data enrolled in your school, such as directory information, email addresses, student IDs, account credentials, courses students are enrolled in, health information kept in student records.

Employee Information

We also collect employee account information including usernames, email addresses, and titles to initially set up products and services for you.

Financial Information

Depending on your needs as a customer, we may also collect financial information of students and their parents in order to provide services. Registered Parents’ credit card information is collected by third-party payment processors

Automated Information

As is true of most other websites and applications, Wefivesoft Sites and Applications collect certain information automatically and store it in log files. The information may include internet protocol (IP) addresses, the region or general location where your computer or device is accessing the internet, browser type, operating system, and other usage information about the use of our Sites and Applications, including a history of the pages you view.

Cookies and Other Similar Technologies

“Cookies” include commonly used pieces of information in the form of small files that are placed on an individual’s device to enable the individual to more easily communicate and interact with websites. When you visit our Site, we may send one or more cookies to your device. They enable us to store information about your device which helps us, amongst other things, to provide you with a good experience when you browse our Sites and enhance the level of services and functions provided.

Our Sites do not support Do Not Track settings (“DNT”) at this time. DNT is a privacy preference you can set in your web browser to indicate that you do not want certain information about your website visits collected across websites when you have not interacted with that service on a page.

Student and Parent Personal Information Our Customer Collects.

Student and parent information related to this Privacy Policy is provided for informational purposes and describes how parent and student personal information is used when Wefivesoft products and services are provided through our customers. All student and parent personal data remains the property of and is solely owned, and thereby controlled, by the school.

Wefivesoft products and services integrate with our customer’s systems. The specific information that is collected from the school depends upon the Wefivesoft product or service, but in general, this information includes but is not limited to student and parent personal information such as name, age, email address, student ID, account credentials, academic and student records, certain health information kept in student records, courses a student is enrolled in when we initially set up the products, and additional records as requested by the school. Depending on the school’s request, we may also collect financial information of students and parents of students as is made available to us to provide services. Wefivesoft will receive regularly updated information to keep account information accurate and up to date. Please carefully review your agreement with your school regarding your personal information.

You grant Wefivesoft a non-exclusive, royalty-free license, to use equipment, software, your data, or other material of yours solely to provide, maintain, and supportyou and other licensees with Wefivesoft products and services.

How we use the information we collect

Corporate and Product Sites

We may use your personal information to communicate with you regarding our products and services. We may use your personal information and data to:

Products and Services

We will not use your personal information for any purpose other than the purpose for which it was originally obtained without your prior consent. We use your personal information to communicate with you and to provide support regarding our products and services. We may use your personal information and data to:

How we share information we collect

We do not rent, sell, or share your personal information with other people or nonaffiliated companies for their direct or indirect marketing purposes. We use third-party service providers to perform functions or services on our behalf. When we transfer your information, we sign the agreement or get confirmation on “DATA and INFORMATION SECURITY” which requires all our service providers to maintain the same standards of privacy, confidentiality, and security of personal information and data as our Sites and Applications. We take steps to ensure that these parties take protecting your privacy as seriously as we do. Within Wefivesoft, your information will be accessed only by those who need to provide the Wefivesoft products and services.

Service Providers

We engage third parties to perform services on our behalf such as software maintenance services, hosting services, email service providers, database management, web analytics, and other services.

Customer Support Services

Like many companies, we contract with third parties to provide customer relationship management (“CRM”) tools for marketing purposes. Typically, these CRM tools are available for our uses through a cloud-based platform (such as Zendesk, Salesforce, and Jira Service Desk). We engage third parties to provide CRM tools that compile customer personal information and data that may be collected through various channels, such as through the Sites, Applications, telephone, direct mail, and marketing materials.

Law Enforcement and Internal Operations

Personal information may be provided where we are required to do so by law, or if we believe in good faith that it is reasonably necessary (i) to respond to claims asserted against Wefivesoft or to comply with the legal process (for example, discovery requests, subpoenas or warrants); (ii) to enforce or administer our policies and agreements with users; (iii) for fraud prevention, risk assessment, investigation, customer support, product development, and debugging purposes; or (iv) to protect the rights, property or safety of Wefivesoft, its users or members of the general public. We will use commercially reasonable efforts to notify users about law enforcement or court-ordered requests for data unless otherwise prohibited by law. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to any third-party request to compel disclosure of your information.

Affiliates and Business Transfer

We may share your personal information with our parents, subsidiaries, and affiliates. Wefivesoft may also sell, transfer, or otherwise share some or all of its assets, including your personal information, in connection with a merger, acquisition, reorganization, sale of assets or in the event of bankruptcy. Under such circumstances, Wefivesoft will use commercially reasonable efforts to notify its users if their personal information is to be disclosed or transferred and/or becomes subject to a different privacy policy.

Student Information

We do not share student information by default, but this may vary in accordance with our agreement with your (or your child’s) school. Generally, this includes sharing of such information inside and outside Wefivesoft under certain terms. Student information will be accessed inside Wefivesoft only by those have a need to know to provide the Wefivesoft products and services and improve them. For example, our technical and client support teams may have access to personal information when the Wefivesoft products and services are implemented for your school or when software or other changes are required for support and maintenance purposes. We use vendors to help us provide the Wefivesoft products and services to you (or to your child) on behalf of our customers.

How we store and secure the information we collect

Data Storage and Retention

Your personal information is stored by Wefivesoft on cloud-based service providers which Wefivesoft engages, located in the United States or a customer agreed-upon data locality. We will retain and use your personal information for as long as your account is active, as needed to provide you services, or as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

For more information on where and how long your personal information is stored, and for more information on your rights of erasure and portability, please contact Wefivesoft’s data protection officer at support@Wefivesoft.com.

Data Security

The security of your personal information is important to us. To help the protect privacy and personal information you transmit using our Sites and Applications, we maintain physical, technical, and administrative safeguards in accordance with ISO 27001, FERPA, COPPA, and HIPAA standards where applicable. We take reasonable and appropriate measures to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction by taking into due account the risks involved in the processing and the nature of the personal data. For example, we encrypt your credit card number when you provide such information to us for processing your orders.

We restrict access to your personal information to those employees and authorized consultants and contractors who need to know that information to provide benefits or services to you. In addition, we train our employees about the importance of confidentiality and maintaining the privacy and security of your information. However, because no security system can be 100% effective, we cannot completely guarantee the security of any information we store, process, or transmit.

How to access and control your information

Right to Review and Rectify Your Personal Information

You may access your account at any time to correct, update, or delete inaccuracies by logging into your account through our Sites and Applications. If additional assistance is required to change or delete inaccuracies within your personal information or you would like to know what information about you was collected, please contact us at support@wefivesoft.com. We reserve the right to charge for copies of data requested

Right to Remove or Withdraw Consent

You have the right to withdraw consent where such consent is required to share or use data, however, you will not be able to optout via our Sites and Applications. You may request that we delete your personal information. If you receive communications from us and no longer wish to receive them, please follow the opt out or removal instructions in the email. To delete your account, you must contact us at support@wefivesoft.com if you are the Customer/School, or by contacting your School if you are a User, Parent, or Student. Since your personal information is required for us to provide the services or to you, deleting it will also terminate your access to the services. We may be required by law, to retain it to exercise or defend legal claims, or contractual obligations with our customers to retain some information in connection with our obligation to provide the services. We may de-identify and anonymize some data for purposes of retaining it.

Data Portability

If you would like us to transmit your personal information to another company providing similar services and we are required to so by law, we will work with them to do so upon request and verification of such request with both the requestor and the company receiving the personal information.

Sale of Data

Wefivesoft does not sell or rent any of the data subject’s personal information. However, Wefivesoft may store certain personal information with its appointed third parties in concurrence with this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

Communication

We will provide you with reasonable mechanisms to exercise your choice regarding receipt of information from Wefivesoft. When you receive an email from us, you may opt-out from receiving future emails from Wefivesoft by clicking on the unsubscribe link contained in the e-mail, by writing to us at the address provided in the email, or by contacting us at support@Wefivesoft.com.

How to transfer information we collect internationally

If you provide personal information to us directly, we will transmit your data, including all your personal information, to the United States by default to fulfill our contractual obligations to you unless an alternate customer data locality has been agreed upon.

Other important privacy information

Changes and notification

As our company changes from time to time, this Privacy Policy is expected to change as well. We reserve the right to amend the Privacy Policy, for any reason, without notice to you, other than the posting of the amended Privacy Policy. We may send you an email reminder of our notices and material changes, same as an email notification or a banner on the signatory's website is sufficient if accompanied by new consent, such as including a button that says "I agree" or "OK," but you should check our Site/Apps frequently to see the current Privacy Policy is in effect and any changes that may have been made to it.

FERPA and COPPA

We do not knowingly collect or solicit personal information from anyone under the age of 13 unless that student’s school and/or teacher has agreed to obtain parental consent for that child to use our Sites and Applications and disclose personal information to us, in connection with the student’s learning environment. Our Sites and Applications conform to the Children's Online Privacy Protection Rule (COPPA) and the Family Educational Rights and Privacy Act (FERPA).

Software-as-a-Service Terms of Service

This Software-as-a-Service ("SaaS") Terms of Service Agreement (the “Agreement”) is entered into between WEFIVESOFT, LLC, a Delaware limited liability company with its principal place of business located at 3655 Research Road, Building B, Suite 113, Las Cruces, New Mexico 88005 (the “Company”) and the Customer ("you", "your"), who is a user or subscriber of the Company's software-as-a-service products, incorporated by reference herein. Your use of the Company's softare-as-a-service products ("the Products") is subject to all terms and policies posted on the Company's website legal page ("the Site", "www.wefivesoft.com/legal") (including the Privacy Policy, Terms of Service, collectively referred to as “Terms of Service”). The Terms of Service may be revised from time to time through an updated posting, and therefore you should check the Terms of Service periodically. Revisions are effective upon posting and your continued use of the Company's Products following the posting of revisions to the Terms of Use will indicate your acceptance of such revisions.


Definitions

  1. “Authorized Users” means the number of identifiable unique persons consisting of Customer’s personnel and outside consultants who are authorized to access and use the Products and Services, as specified in the applicable Order Form. Authorized Users may include Customer’s third-party consultants, outsourcers, contractors, and other service providers.
  2. “Confidential Information” means any and all information disclosed by a party (“Discloser”) to the other party (“Recipient”) in confidence that is labeled or identified as “confidential” or “proprietary”; and if disclosed orally or otherwise in tangible form, is confirmed as such in writing within 30 days of such disclosure; or otherwise is of such a type or disclosed in such a way that a reasonable person would understand that the information disclosed is confidential or proprietary under the circumstances. Confidential Information includes, without limitation, business and financial information, software, source code and specifications, trade secrets, technical information, business forecasts and strategies, personnel information, and proprietary information of third parties.
  3. “Customer Data” means the Customer’s information or other data processed, stored, or transmitted by, in, or through the Products and Services, including, but not limited to, personal information relating to the Customer’s personnel, data uploaded to SaaS, including but not limited to PII, output from Customer’s user of SaaS, end users, and prospective end users.
  4. “Order Form” means a written form, incorporating the terms of this Agreement, by which a Customer selects and commences Services, either as part of a Pilot Agreement or other Software As A Service Agreement between the parties.
  5. “Participants” means the Customer’s Participants who use the Products and Services.
  6. “PII” means personal information that is, without limitation, names, phone numbers, mailing addresses, credit card information, social security numbers, and/or account or financial information of Customer that is hosted in the SaaS environment.
  7. “Proprietary Rights” means any and all rights, whether registered or unregistered, in and with respect to patents, copyrights, confidential information, know-how, trade secrets, moral rights, contract or licensing rights, confidential and proprietary information protected under contract or otherwise under law, trade names, domain names, trade dress, logos, animated characters, trademarks, service marks, and other similar rights or interests in intellectual or industrial property.
  8. “Products and Services” means MarkersPro applications (e.g., MarkersPro) and related support services (e.g., technical support), and any updates or upgrades to such applications or services that may be generally released by the Company to all customers from time to time. These Products and Services may change by mutual consent of the Parties, as recorded through the Order Form.
  9. “SaaS” means the provision of software Product(s) by the Company to Customer as a service hosted by or on behalf of the Company under this Agreement, or under a Pilot Agreement or other Software As A Service Agreement between the parties, which may include, but is not limited to, hosting, management and maintenance of the applicable software Product(s) made available in the hosted environment.
  10. “Technology” means the computer hardware, software, and other tangible equipment and intangible computer code necessary to deploy and serve the Products and Services.

Subscription Fees

  1. Payment for Products and Services. The Customer shall pay to the Company the periodic subscription fees for the Products and Services and technical support services provided in its Pilot Agreement or Software As A Service Agreement in accordance with the applicable Order Form.
  2. Subscription Cancellation. If the Company is unable to charge a Customer using the form of payment indicated on the Order Form, the Company may terminate this Agreement and access to the Products and Services within 30 days or as otherwise specified in a Customer’s particular written agreement.
  3. No Refunds. If access to the Products and Services are cancelled or terminated, the Customer is not entitled to any proration or refund of any unused subscriptions.

Taxes

All fees exclude tax and duties. If the Company is required to pay or collect any federal, state, local, value added, tax, or duty on any fees charged under this Agreement, or any other similar taxes or duties levied by any governmental authority, excluding taxes levied on the Company’s net income, such taxes and/or duties will be billed to and paid by the Customer immediately upon receipt of the Company’s invoice and supporting documentation for the taxes or duties charged.