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LOCUS

 

User License, Terms of Use and Privacy Policy

ThinkData Ed, a partner project of the National Center for Civic Innovation (“NCCI”), welcomes You to our LOCUS User License, Terms of Use and Privacy Policy (“User License”).

 

The LOCUS website (the “Platform”) provides assessment tests (each, an “Assessment Test”) to measure students’ understanding across levels of development as identified in the Guidelines for Assessment and Instruction in Statistics Education (GAISE) Report: A Pre-K-12 Curriculum Framework. The intent of the Assessment Test(s) is to provide an assessment of conceptual understanding in statistics.

 

If you have a disability that prevents you from accessing  this electronically and requires an alternate format (e.g., audio, large print) or if you wish to correct, update or delete your personal information or otherwise opt out, you may contact us by sending an email to info@thinkdataed.org or send regular mail to 110 N Akard St., Unit 236, Dallas, TX 75201.

 

LICENSE

You are provided a limited non-exclusive non-transferable license for you or your minor child(ren) (each, a “User” or “You”) to access and use the Platform for each of the Assessment Test(s) that You purchased. Use and access to the Platform and the Assessment Test(s) is conditioned upon Your acceptance of this User License, as it may be amended from time to time without notice. You agree to this User License on Your own behalf and on behalf of Your minor child(ren) (each, referred to herein as a “User” or “You”).

 

Minors under the age of 18 may only access or use the Platform or an Assessment Test if their parent or legal guardian agrees to this User License.   The Platform is not intended or designed to be used by any individual under the age of 13 years.

 

Users may only access the Platform from the United States.

 

The features and software on the Platform, including the Assessment Test(s), are owned or licensed by NCCI. You agree that:

 

  • • You cannot claim ownership of the Platform, the Assessment Test(s) and/or any of their functionality or content and/or the results generated by the Platform or the Assessment Test(s).

  • • You are not permitted to reverse engineer or modify the Platform or the Assessment Test(s), or create derivative works.

  • • You cannot rent, lease, copy, sell or offer for sale the Platform or the Assessment Test(s).

  • • Any results generated by the Platform or the Assessment Test(s) are for Your personal, non-commercial use only.

 

Your license automatically terminates upon Your completion of the Assessment Test(s) that You purchased.  We also may terminate this license if You fail to comply with the User License.  Upon termination of the license, Your ability to access the Platform or the Assessment Test(s) will terminate.

 

You may not assign this license to any third-party.

 

Your use of the Platform indicates Your agreement to the User License, as in effect at such time.
 
 

PRIVACY POLICY

This Privacy Policy is designed to explain the types of information obtained by NCCI through the Platform and how that information is used by NCCI and/or shared with others. The examples given are intended to be for illustrative purposes only, and therefore, should not be considered to be a complete representation of the Platform’s functionality.

 

This Privacy Policy applies to all information received by NCCI through Your use of the Platform. This may include contact information You provide, Your answers to Assessment Tests, and scores produced by the Platform.

 

Your use of the Platform indicates Your agreement to the Privacy Policy, as in effect at such time, and Your acknowledgement that any personal information collected will be subject to this Privacy Policy.  NCCI reserves the right to modify the Privacy Policy at any time, without notice. Such changes will be incorporated into this document and posted on the Platform and will become effective as soon as they are posted. The current version of the Privacy Policy supersedes any prior versions.
 
 

Personal Information Collected You

NCCI may collect and maintain certain personal information about You that You provide when You use Platform, such as Your email address, username and password, and Assessment Test answers and scores.

 

If You choose not to provide us with the personal information that the Platform requires, Your access and use of the Platform may be limited.
 
 

Information Collected from Devices

We and third-parties also may collect certain information automatically from Your device, which may be considered personal information under applicable data protection laws.  For example, we or third-parties may collect the domain name or URL from which You accessed the Platform, Your IP address, browser types and anonymous demographic information (such as ZIP codes), date and time You accessed each page of the Platform, and the web browser or mobile device You used and pages You accessed, and may use this data for system administration, troubleshooting, and to examine overall traffic trends.
 
 

Cookie Policy

The Platform may use “cookies” or other tracking technology such as pixels, in order to enhance a user’s experience when viewing the Platform and to compile statistical information regarding the use of the Platform. A cookie is a file that is transmitted by a website or app to a user’s browser or device. The browser or device then saves that file in a designated file for cookies on the user’s computer or device. We use cookies to personalize the User’s experience with the Platform as well as to compile statistics about how the Platform is being used.

 

You may have the ability to change Your browser or device settings to refuse to accept cookies. Please note, however, that without cookies You may not be able to take full advantage of all our Platform’s features.
 
 

Use and Disclosure of Information

We use information that is collected through the Platform for delivery of the Assessment Tests administration of the Platform, security purposes, and compliance with our legal obligations and policies and procedures.

 

We may use and share Your personal information with third party subprocessors, such as Pantheon. We reserve the right to change any of our third-party processors without notice.

 

If required under applicable law, we may use the information collected to respond to requests from governmental or legal authorities.  We may also use information collected to ensure the User License is being followed and/or to prevent or stop activity we may consider to be posing a risk of being illegal, unethical, or legally actionably activity.

 

We will not sell or rent Your personal information.

 

We also may transfer Your information to a third party with Your consent.
 
 

Information Security

We have implemented reasonable measures to protect the security of personally identifiable information that a User provides through the Platform. However, the transmission of information via the Internet is not completely secure and as such, we cannot guarantee the security of Your personal information.
 
 

Claims of Copyright Infringement

If You believe Your work has been copied in a way that constitutes copyright infringement, please contact us by sending an email to info@thinkdataed.org or regular mail to 110 N Akard St., Unit 236, Dallas, TX 75201.
 
 

Privacy Laws

To the extent that Your information collected is subject to privacy laws, we will comply with the requirements of those laws and their regulations.  For example, the California Consumer Privacy Act grants residents of California the right to know about their personal information collected, used, and shared; right to delete such personal information; right to opt-out of the sale or sharing of Your personal information; right to correct inaccurate personal information; and right to limit the use and disclosure of sensitive personal information. To make such a request(s), please send an email to info@thinkdataed.org or regular mail to 110 N Akard St., Unit 236, Dallas, TX 75201.
 
 

TERMS OF USE

By using the Platform, You are agreeing to accept and comply with the terms and conditions set forth below, which may be updated from time to time without notice to You.
 
 

Modifications to the Platform

We reserve the right from time to time to make modifications and changes to the Platform, including but not limited to discontinuing, temporarily or permanently, any service or functionality offered by us or through the Platform, with or without notice.  You agree that neither NCCI nor the Fund for the City of New York (the “Fund”) shall be liable to You or to any other party for any changes and modifications to the Platform.
 
 

Your Representations and Warranties

You represent, warrant and covenant that no material of any kind submitted by You to the Platform will: (i) violate, plagiarize or infringe upon the rights of any third party, including without limitation copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material; (iii) constitute false or misleading indications of origin or statement of fact; (iv) slander, libel or defame any person or entity; (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulation or other governmental order or these Terms of Use.
 
 

No Guarantee

There is no guarantee that any Assessment Test score(s) will correlate to any particular score on a test given by a school, school district or otherwise, or predict the questions that will be asked on any such other tests.
 
 

Limitation of Liability

THE PLATFORM IS PROVIDED ON AS “AS IS”, “AS AVAILABLE” BASIS.  WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

ANY MATERIAL DOWNLOADED FROM THE PLATFORM IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR ANY COMPONENT CONNECTED THERETO, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH MATERIAL.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER NCCI NOR THE FUND SHALL BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF THE PLATFORM, WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS, LOST OPPORTUNITY, LOST SALES, LOSS OF GOODWILL OR REPUTATION, OR ANY OTHER INTANGIBLE LOSS, AND WHETHER ARISING UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, AND REGARDLESS OF WHETHER NCCI OR THE FUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES.
 
 

Miscellaneous

Since the Assessment Tests are provided directly to You and not through Your school, Assessment Test scores are not subject to Family Educational Rights and Privacy Act (“FERPA”) or similar state laws.

 

Our failure to insist upon or enforce strict performance of any provision of the User License shall not be construed as a waiver of any provision or right.

 

You acknowledge that You have read and understand the User License and that You have had the opportunity to seek legal advice prior to agreeing to it. You agree to be bound by the User License.

 

The User License constitutes the entire agreement between us, govern Your use of the Platform, and supersede any prior terms of use or other agreements concerning Your use of the Platform. New York law and venue shall govern.

 

Date: December 10, 2025