Terms of use for NFER and Arbor MIS integration

Terms and Conditions for Integrating your NFER Tests Analysis Tool Assessment Data with the Arbor System.

Please read these Terms of Use carefully before submitting your integration request to share your NFER Assessment data held on the NFER Test analysis tool with the Arbor system.

By submitting your integration request, you are agreeing to be bound by these terms of use. If you do not agree to these Terms of Use, you must not submit your integration request.

1. General

We are the National Foundation for Educational Research (NFER) whose registered office is at The Mere Upton Park, Slough Berkshire SL1 2DQ and whose website is www.nfer.ac.uk.

NFER owns the NFER Tests Analysis Tool. By using the NFER Tests Analysis Tool, you acknowledge that you have read and you agree to be bound by and will comply with these Terms of Use.

2. Services to be provided

When schools purchase NFER Tests they receive free access to the NFER Tests Analysis Tool. Schools can add pupil details to the NFER Tests Analysis Tool. Through the NFER Tests Analysis Tool, staff members can log in and record item or test level data for each pupil. A number of reports can then be generated showing progress and attainment against the national standardisation sample.

If a school who has purchased NFER Tests is an existing Arbor user, they can request integration of their pupil assessment data held in the NFER Tests Analysis Tool to Arbor MIS  free of charge through the completion and submission of a request form which is held on the NFER website. The individual at the school completing the integration request form should also be the admin owner of the school’s Arbor MIS account.

When a school requests integration of their NFER pupil assessment data to Arbor MIS, they are agreeing to synchronise this data from the NFER Tests Analysis Tool to Arbor MIS. Data held in Arbor MIS will be subject to Arbor’s terms and conditions and data privacy policy held on the Arbor website.  Any data held in the NFER Tests Analysis Tool remains subject to NFER’s terms and conditions.

3. NFER Customers and NFER Tests Analysis Tool Users

Only schools and Multi Academy Trusts can purchase NFER Assessments and only schools can use the free NFER Tests Analysis Tool. Schools will need to ensure they have the appropriate permissions in place to use pupil assessment data in this way and that this has been communicated to parents of pupils through a privacy notice.

If a school that is both an NFER customer and Arbor MIS user requests integration of their pupil assessment data and it is approved, it will be possible for MAT central teams to view NFER pupil assessment data through their individual Arbor MIS login.

4. Data processing from NFER Tests Analysis Tool to Arbor MIS

If a school wishes to synchronise their pupil assessment data from the NFER Tests Analysis Tool to Arbor MIS, they must first give permissions by completing and submitting an integration request form available on the NFER website and confirming they have read, understood and accept these User Terms and the Arbor terms of use.

The school’s submission of the integration request form to NFER shall be deemed permission to synchronise all pupil assessment data currently held in the NFER Tests Analysis Tool to their school to Arbor MIS. Once the school’s Arbor MIS Admin has approved this, the school’s data will be held in Arbor MIS and the school will be bound by Arbor’s terms and conditions and data privacy policy.

If a school wishes to disconnect the transfer of their pupil assessment data from the NFER Tests Analysis Tool to Arbor MIS, they must write to inform NFER by contacting the NFER Customer Support Team: [email protected] Any pupil assessment data deleted in the NFER Tests Analysis Tool will be removed from Arbor MIS within 24 hours (updating overnight). If a school wants to disconnect from Arbor MIS they must contact Arbor directly to have their data deleted.

5. Licencing

Subject to the payment of the applicable NFER Tests invoice NFER grants to the school a non-exclusive and non-transferable licence to use the NFER Tests Analysis Tool in accordance with these User Terms. The licence is granted on an on-going basis and can be used by all school employees. The licence can be terminated at any point by the school by contacting NFER. NFER can terminate the licence at any time by giving the school 3 months’ notice or with immediate notice if there has been a serious breach of these User Terms and/or the terms and conditions for NFER Tests and the NFER Tests Analysis Tool within the Online Hub.

6. Security

All appropriate technical and organisational measures are in place to protect data. NFER is ISO/IEC 27001 certified which demonstrates that we have the policies, practices, procedures, organisational structures, and system functions to maintain the confidentiality, integrity and availability of information. We also hold Cyber Essentials Plus. Data uploaded to the NFER Tests Analysis Tool is encrypted in transit using HTTPS/TLS. Data in NFER products are securely stored within NFER and its third-party hosting provider, Dudobi. We conduct an annual penetration test on our IT systems to ensure that they are secure and protected from malicious attack.

7. Permitted use

The school may use the NFER Tests Analysis Tool only for its own internal purposes. The school shall not use the web application or its content for any other purpose, including distribution or selling. Please see the Arbor MIS terms and conditions relating to permitted use of Arbor MIS.

8. Scheduled downtime

NFER will use commercially reasonable efforts to give customers prior notice of all scheduled outages of the Hosted Services provided by Dudobi on NFER Tests Analysis Tool (“Scheduled Downtime”). Any scheduled downtime relating to Arbor MIS will be detailed in Arbor’s terms and conditions.

9. Warranties

NFER Tests Analysis Tool cannot be tested in every possible combination and operating environment. The software may not operate in an uninterrupted manner on operating systems or browsers that do not meet the minimum technical requirement (Windows 8.1 and above, iOS11, IE11, Microsoft Edge and the latest versions of Google Chrome, Firefox and Safari web browsers).

10. Validity and Changes to Terms and Conditions

NFER reserves the right to make changes to their Terms and Conditions. By submitting your integration request, you accept NFER’s Terms of Use for this service and the service will be subject to those in force at the time of your request.

These Terms of Use and the terms and conditions that relate to NFER services and products are available on our website: https://www.nfer.ac.uk and are subject to change at any time. It is your responsibility to check these terms and conditions before submitting your request for any NFER product or service.

Please note that data held in your school’s Arbor MIS will be subject to Arbor’s terms and conditions and data privacy policy and will not be the responsibility of NFER.

If for any reason any element of these Terms of Use or other NFER terms and conditions for products or services is deemed invalid, void or unenforceable, the validity and enforceability of any remaining condition shall not be affected.

11. Law

This Agreement is governed by English law. You hereby irrevocably submit to the exclusive jurisdiction of the English courts notwithstanding the jurisdiction where you are based.

12. Getting in Touch

For any queries relating to the NFER Tests Analysis Tool and integration with Arbor MIS please contact: [email protected] or call: 01753 637007.

For Arbor guidance, visit their website: https://support.arbor-education.com/hc/en-us/articles/14127002555165-National-Foundation-for-Educational-Research-NFER-and-Arbor-Integration