Privacy Policy

This Privacy Policy applies to any user or visitor of Wefivesoft LLC's (“Wefivesoft”, “we”, “us” or “our”) product and services (“MarkersPro”, “Sites”, “Applications”, “Products”, or “Services”). We take your privacy seriously. This Privacy Policy informs you of our policies and practices regarding the collection and use of your personal information, and it sets forth your privacy rights.

PLEASE READ THIS POLICY carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with the provisions of this Privacy Policy, please do not use our Sites and Applications. By accessing or using our Sites and Applications, you agree to the terms of this Privacy Policy. Our Privacy Policy applies to all visitors and users (“you”, “customer”, “school” or “user”) of our Sites and Applications.

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.

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 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.

INFORMATION WE COLLECT FROM YOU (SCHOOLS, VISITORS, STUDENTS AND PARENTS)

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.

Account Information.

The account information we collect from you will depend on the product and services you choose. Such might include pupil records of students and parents of students 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 parents of students as you make available to us in order to provide services.

Automated Information

As is true of most other web sites and applications, Wefivesoft Sites and Applications collect certain information automatically and stores 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 Sites, 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 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.

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 relating 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 customer. 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 in order to provide services. Wefivesoft will receive regular 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 for the purpose of providing, maintaining, and supporting you and other licensees with Wefivesoft products and services. Wefivesoft will only use student or parent personal data for the purposes of providing the products and services that our customers have contracted with us to provide and we will process student personal information according to instructions and the terms of our contract with our customers. Student personal information will not be used for targeted advertising by Wefivesoft.

HOW WE USE PERSONAL INFORMATION

How We Use Personal Information

Wefivesoft 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, to provide support regarding our products and services. We may use your personal information and data to:

How We Use Parents and Student Information

How we use parent and student information is used depends on the school’s instructions to us. To learn more about how we use your information, please consult with your school. As a data processor, Wefivesoft provides learning and registration products and services on behalf of the school. The school is responsible of what is collected from the student or parent. As your school’s data processor, we use your information on behalf of and under the instruction of your child’s school. We use your information in accordance with our agreement with your child’s school to operate, maintain, and provide the features and functionality of the Wefivesoft products and services.

HOW WE SHARE INFORMATION WITH OTHERS

We do not rent, sell, or share your personal information about you with other people or nonaffiliated companies for their direct marketing purposes. We use third party service providers to perform functions or services on our behalf. When we transfer your information, we require all our service providers to maintain the same standards of privacy, confidentiality and security of personal information and data as our own 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 have a 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 use through a cloud-based platform (such as Zendesk, Salesforce, 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 through Sites, Applications, telephone, direct mail, 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 de- bugging 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 parent, 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 or 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 Share

We share student information in accordance with our agreement with your (or your child’s) school. Generally, this includes the 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 customer.

YOUR RIGHTS

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 opt-out on 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.

Communication

We will provide you 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.

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’ data protection officer at support@Wefivesoft.com.

SECURITY

The security of your personal information is important to us. To help protect privacy and personal information you transmit through use of our Sites and Applications, we maintain physical, technical and administrative safeguards in accordance with SSAE 18 SOC 2, ISO 27001, FERPA, COPPA, and HIPAA standards. 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.

LINKS TO OTHER WEBSITES

Our Sites and Applications may link to websites of other organizations. Unless otherwise specified, linkage to these other websites does not imply any relationship, sponsorship, or affiliation between Wefivesoft and these linked websites, nor does it imply any adoption or approval of the content of such websites. Wefivesoft does not have control over the policies or practices of these websites and is not responsible for their privacy practices or their content. We encourage you to review the privacy statements of any such other websites to understand their information practices.

DATA INTEGRITY

Wefivesoft will use your personal information only for the purposes for which it was collected, unless you provide prior consent. We will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current.

INTERNATIONAL TRANSFER

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

CHILDREN’S PRIVACY

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).

CHANGES AND UPDATES TO THE PRIVACY POLICY

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, 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.

QUESTIONS, CONCERNS, OR COMPLAINTS

Please contact us at:

Wefivesoft LLC
Attn: Data Privacy Officer
3655 Research Rd, Bldg B, Suite 113
Las Cruces, New Mexico, 88003
support@wefivesoft.com