EARLY QUALITY SYSTEMS, INC./PINWHEEL PRIVACY POLICY. YOU ARE REQUIRED TO READ AND ACCEPT THESE TERMS AND CONDITIONS OF USE BEFORE USING PINWHEEL.
Before using Pinwheel, please read this Privacy Policy and the Terms of Use for the Pinwheel Site carefully. By using Pinwheel and its services, you acknowledge that you understand, accept and agree to the terms of this Privacy Policy and the Terms of Use for Pinwheel. If you have any questions concerning this Privacy Policy or the Terms of Use for Pinwheel, please contact Early Quality Systems.
Introduction
Early Quality Systems, Inc. (EQS) is under contract with Counties and Other Funding Agencies ("Funder") to provide a Web-based Quality Rating and Improvement System (QRIS) data collection and program management system (Pinwheel) for designated Preschool Agencies. The Funder contracts with EQS to provide the Pinwheel Site pursuant to agreed specifications. Some features of the Pinwheel Site may not be accessible to all users. This Privacy Policy explains EQS's privacy policy with respect to the personally-identifiable data collected through the Pinwheel Site.
Purpose of Pinwheel
Pinwheel is a program management and reporting system with features designed for use by a wide variety of early education stakeholders, including preschool teachers and other staff at preschool sites, funders, independent assessors, and professional development coaches. Some features of Pinwheel are designed for and available only to the preschool providers and their authorized staff ("Educators"). Other features of Pinwheel are designed for the Funders. The purpose of the Pinwheel features for Educators is to facilitate the enrollment of students, recording assessment scores, tracking referrals, taking attendance, documenting professional development activities, and reporting to the Funder.
EQS collects and uses personally identifiable data through the Pinwheel Site in accordance with, and for the purpose of fulfilling, its QRIS system contract with the Funder. Data reporting activities to the Funder will be conducted in accordance to the QRIS Operating Guidelines at the designated quarterly intervals. Pinwheel's workflow for data submittals includes an administrative review by the Educator before data is submitted to the funder.
Access
Access to the Pinwheel Site is regulated by a Whitelist, Greylist, Blacklist scheme used in conjunction with account password controls. This system features:
  • Only users on a IP whitelist have full access to @Html.DataSystemName().
  • Users with authorized account credentials (account and password) that access Pinwheel via a non-whitelist IP may have partial access to @Html.DataSystemName(). Personally-Identifiable Information (PII or PID) such as student name, address, or date of birth are masked by asterisks.
  • IP's from commonly known internet trouble regions are Blacklisted and have no access to @Html.DataSystemName().
  • Strong passwords are required and enforced.
  • Electronic access is via FIPS 140-2 compliant encryption using SSL/HTTPS.
  • All users have role and organization-based restrictions.
Information Access and Correction
Only an authorized Educator may enter data on a student's record through the Pinwheel Site. An authorized Educator may review the student record on the Pinwheel Site, make student record changes, review available assessment reports and otherwise track data for that student. An Educator may contact the funder if the Educator believes there may be an issue with a student record or encounters any issues in accessing or correcting information through the Pinwheel Site.
Information Use or Disclosure
Except for the limited exceptions set forth below, EQS will not share with, or disclose to, third parties, the names of users, staff, students or other personally identifiable information collected through or in connection with the Pinwheel Site. EQS may, however, use or disclose personally identifiable information:
  • As requested or required by the Funder for the QRIS Program or the user's or student's School or School District.
  • In response to subpoenas, court orders or legal process, to the extent permitted or required by law;
  • To protect student or user security, or the security of other persons, consistent with applicable laws;
  • As required by law;
  • In connection with the sale, joint venture or transfer of some or all of the assets of Early Quality Systems, Inc., subject to written approval from the Funder; and/or
  • To affiliated companies and contractors providing services for the QRIS Program who are obligated to take appropriate commercially reasonable steps to maintain the confidentiality of such information and use it solely for the purposes specified in this Privacy Policy.
  • Non-personally identifiable aggregated information collected through this website may be used for quality assurance and for research and development and may be disclosed to third parties in non-personally identifiable form upon receipt of written approval from the Funder.
Security and Confidentiality
Subject to the other provisions of this Privacy Policy and contractual obligations, EQS will take commercially reasonable steps to maintain the confidentiality of all personal information and student records collected and managed through the Pinwheel Site. For example, the Pinwheel Site currently uses industry-standard SSL-encryption to protect user account and password information and uses a secure connection to EQS servers, which are protected by firewalls to prevent unauthorized break-ins. The administrative system and authentication mechanisms are protected through the use of SSL encryption of data transmitted via HTTP. As other security methodologies become commercially available, EQS may change its current security systems processes or substitute these systems with other security systems or processes. UNFORTUNATELY, NO DATA TRANSMISSION OVER THE INTERNET IS GUARANTEED COMPLETELY SECURE. GIVEN THE INHERENT OPERATION AND STRUCTURE OF THE INTERNET, ALL TRANSMISSIONS ARE DONE AT YOUR OWN RISK.
Precautions to be Taken by Users
User Information and access to the Pinwheel Site is password protected for the privacy and protection of student personal and student assessment data. Educators, and other users are urged to keep confidential all user information and passwords. If storage of this information is required, it is recommended that it be kept in a secure location. To protect data, users should always logoff when exiting the Pinwheel Site and not divulge or share user identification or passwords with anyone.
Cookies
The use of cookies is a common practice for Internet facing web applications. Cookies are small text files that a website transfers to your computer's browser. Cookies will provide the website with non-personally identifiable information, but does identify your computer, browser and Internet specifications. The Pinwheel Site uses cookies to measure traffic patterns, personalize content, improve usability, and control security.
IP Addresses
An IP address is a number automatically assigned to your computer by your Internet service provider. The Pinwheel Site may collect IP addresses, the associated URLs, domain types, the browser type used to access the Site, the country, state and telephone area code where the users' Internet service provider's servers are located, the pages of the Pinwheel Site that users viewed during their visit and any search terms entered on the Site. Collection of IP addresses is generally for system administration purposes, to monitor the level of activity on the Site and for security and access control reasons.
Links to Other Sites
The Pinwheel Site may contain links to other websites related to the QRIS Program on the Internet, which may include Funder sites, or other EQS websites. The information practices of those websites are not covered by this Privacy Statement or any other policies or terms applicable to the Pinwheel Site. You should read the terms and policies of those other websites before supplying information to that site or otherwise using the site.
Site and Content Ownership
The Site is owned and operated by EQS. The content thereof is protected by copyrights owned by EQS and/or its licensors and/or the Funder.
Changes to the Privacy Policy
This Privacy Policy and the Terms of Use for the Pinwheel Site may be revised from time to time through an updated posting. You should, therefore, check both this Privacy Policy and the Terms of Use periodically. Revisions are effective upon posting and your continued use of the Pinwheel Site following the posting of such revisions will indicate your acceptance of such revisions.
Contact Information
If you have questions or concerns about this Privacy Policy, please contact Early Quality Systems. If you want us to respond to your comment or question, please provide your contact information in your message.
Copyright © 2012-2014 Early Quality Systems, Inc. or its affiliate(s). All rights reserved.
Effective Date: April 5, 2013





PINWHEEL TERMS AND CONDITIONS OF USE YOU ARE REQUIRED TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE PINWHEEL SITE.
Before using the Pinwheel Site, please read these Terms of Use and the Privacy Policy carefully. By using the Pinwheel Site and its services, you acknowledge that you understand, accept and agree to the terms of this Privacy Policy and the Terms of Use for the Pinwheel Site. If you do not agree to these Terms of Use, you are prohibited from using the Pinwheel Site. EQS reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Your continued use of the Site following the posting of changes to these Terms of Use (including the Privacy Policy) will constitute your acceptance of those changes. If you have any questions concerning this Privacy Policy or the Terms of Use for the Pinwheel Site, please contact Early Quality Systems.
A. RESTRICTIONS ON USE OF MATERIALS
1. Pinwheel is operated by Early Quality Systems, Inc. ("EQS"). Early Quality Systems, Inc. is under contract with Counties and Other Funding Agencies ("Funder") to provide a web-based Quality Rating and Improvement System (QRIS) data collection and program management system for designated Preschool Agencies (Pinwheel). The Funder contracts with EQS to provide the Pinwheel Site pursuant to agreed specifications.
2. To the extent that You are a Preschool Agency using Pinwheel as provided in the contract with the Funder, and in the event any of these Website Terms and Conditions of Use conflict with the terms of the contract with the Funder, the terms of the contract with the Funder shall apply.
3. EQS restricts access to the site by IP white list and by password to users that are authorized by the Funder sponsoring the QRIS Program. Some authorized users, including School District personnel, may use the Site to submit personally identifiable information to EQS to allow for the [funder] to manage their QRIS program, and for related services.
4. Personally identifiable information, or materials found on the Pinwheel Site may not be disclosed to any unauthorized third party, or used for any purpose not authorized by the Funder which sponsors the applicable QRIS Program. No data or material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way that is not authorized by these Terms and Conditions of Use or the Funder which sponsors the authorized users' QRIS Program.
B. DISCLAIMER
THE MATERIALS IN THE PINWHEEL SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EQS AND FUNDER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EQS AND FUNDER DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
C. INDEMNIFICATION
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT AND ACCOUNT HOLDERS OTHER THAN EDUCATION AGENCIES AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS EQS AND FUNDER FOR ANY LIABILITY OR EXPENSE ARISING FROM SUCH USE OR MISUSE. YOU AGREE TO IMMEDIATELY NOTIFY EQS OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
D. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EQS AND FUNDER BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN ADDITION, NOTHING IN THESE TERMS AND CONDITIONS IS INTENDED TO WAIVE OR LIMIT THE SOVEREIGN IMMUNITY OF THE FUNDER.
E. TERMINATION
You may terminate your use of the Pinwheel Site at any time by ceasing to use the Pinwheel Site. Your use of the Pinwheel Site may also be terminated immediately by the Funder or EQS if in the Funder or EQS's sole determination you fail to comply with any term or provision of these terms and conditions.
F. OTHER
Except as stated in A.2, these terms shall be governed exclusively by laws of California without giving effect to any principles of conflicts of law. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
G. PRIVACY
Users of the Pinwheel Site must review and uphold the terms of the Privacy Policy found on the Pinwheel Site.
Copyright © 2013 Early Quality Systems, Inc. or its affiliate(s). All rights reserved.
Effective Date: April 5, 2013