diff --git a/3plearning_privacy.txt b/3plearning_privacy.txt index b927849..7eabf3e 100644 --- a/3plearning_privacy.txt +++ b/3plearning_privacy.txt @@ -2,604 +2,828 @@ SITE: 3plearning_privacy URL: https://www.3plearning.com/privacy?locate=en-AU -Last updated 22 April, 2024 - - -PDF version -Español - - - - - - +Privacy Policy + + Last updated 22 April, 2024 + + PDF version Espaol + From the 3P Privacy Office -Dear Teachers, Parents and Friends, -Our learning activities are designed for education purposes. We seek to harness the best elements of online learning to support educators and motivate children to succeed in reading, writing and mathematics. -Our privacy policy has been reissued to add detail on updated product features. -For the student users subscribed to Reading Eggs or Writing Legends, we added details on the features of free-text response activities and reading activities (school subscriptions only). Any personal information made available to us in our programs is only for education purposes and to deliver our engaging learning programs. -Our Data Privacy and Security FAQs and Cookies and Third Party Technologies Policy have also been updated with added detail on how website analytics are used and can be managed by users. -Thank you for being part of better ways to learn! -If you have questions about our policy, please contact us at privacy@3plearning.com -3P Privacy Office -(22 April 2024) -  -At 3P Learning, we value your privacy and understand the importance of keeping your personal information secure -.  -  -We have - this Privacy Policy to help you understand how we collect, store, -use and remove - the information - that - you -provide - us. -  -About 3P Learning Ltd’s Privacy Policy -This policy explains our privacy and security commitments in plain language. -3P Learning is a global provider of e-learning resources. We produce a range of online resources and a network of websites including   -Mathletics -,  -Spellodrome -,  -Reading Eggs -,  -Mathseeds -,  -Wordflyers -,  -Writing Legends -,  -Storyathon -, -  -  -Teachers Workshop Series - and Brightpath Progress (collectively, the ‘Site’), and World Maths Day/ World Education Games branded resources and products. -Each product or resource, together with challenge websites for national and regional events which may use or integrate with the Site, is -owned - and -operated - by -the -3P Learning group of companies (including 3P Learning Limited, Blake eLearning and their related entities and subsidiaries) (collectively, ‘ -3P Learning -’ -or -‘ -us -’ -or - ‘ -we -’). -  -References to the Site in this Privacy Policy include all 3P Learning products and resources that we produce and distribute. -3P Learning is committed to protecting the safety and security of our registered users, including - students, teachers, school administrators and parents (collectively,  -Registrants -) and we are sensitive to concerns about the safety of the personal information provided to us. Please read this Privacy Policy carefully in order to understand how any personal information collected by us is used. -As a global company, our Privacy Policy has been developed -in accordance with - a range of legislation which applies to us. In addition, we have developed our privacy framework to -assist - our customers that are schools, -districts - and education bodies to -comply with - privacy legislation and regulations applicable to them and the way they manage personal information. -  -Collectively, this legislation includes, -but is not limited to -: -  -The Australian Privacy Act 1988 -The New Zealand Privacy Act 1993 -The United Kingdom Data Protection Act 2018 ( -View 3P Learning’s ICO Registration Certificate -) -The United States Children’s Online Privacy Protection Act (“COPPA”) and Rule -as administered by the Federal Trade Commission -The United States Family Educational Rights and Privacy Act (“FERPA”) -The Alberta Freedom of Information and Protection of Privacy Act -The Canadian Personal Information Protection and Electronic Documents Act (“PIPEDA”) -The Freedom of Information and Protection of Privacy Act (British Columbia) (“FIPPA”) -The Personal Information International Disclosure Protection Act (Nova Scotia) (“PIIDPA”) -The Municipal Freedom of Information and Protection of Privacy Act, Ontario (“MFIPPA”) -The Student Online Personal Information Protection Act, California (“SOPIPA”) -The EU General Data Protection Regulation (Regulation 2016/679)(“GDPR”) -The UK General Data Protection Regulation (“UK GDPR”) -The South African Protection of Personal Information Act (‘POPI Act’). + + Dear Teachers, Parents and Friends, + Our learning activities are designed for education purposes. We seek to + harness the best elements of online learning to support educators and + motivate children to succeed in reading, writing and mathematics. + Our privacy policy has been reissued to add detail on updated product + features. + For the student users subscribed to Reading Eggs or Writing Legends, we + added details on the features of free-text response activities and + reading activities (school subscriptions only). Any personal + information made available to us in our programs is only for education + purposes and to deliver our engaging learning programs. + Our Data Privacy and Security FAQs and Cookies and Third Party + Technologies Policy have also been updated with added detail on how + website analytics are used and can be managed by users. + Thank you for being part of better ways to learn! + If you have questions about our policy, please contact us at + privacy@3plearning.com + 3P Privacy Office + (22 April 2024) + + + At 3P Learning, we value your privacy and understand the importance of + keeping your personal information secure. We have this Privacy Policy + to help you understand how we collect, store, use and remove the + information that you provide us. + +About 3P Learning Ltd's Privacy Policy + + This policy explains our privacy and security commitments in plain + language. + * 3P Learning is a global provider of e-learning resources. We + produce a range of online resources and a network of websites + including Mathletics,Spellodrome,Reading + Eggs,Mathseeds,Wordflyers,Writing Legends,Storyathon,Teachers + Workshop Series and Brightpath Progress (collectively, the `Site'), + and World Maths Day/ World Education Games branded resources and + products. + * Each product or resource, together with challenge websites for + national and regional events which may use or integrate with the + Site, is owned and operated by the 3P Learning group of companies + (including 3P Learning Limited, Blake eLearning and their related + entities and subsidiaries) (collectively, `3P Learning' or `us' or + `we'). + * References to the Site in this Privacy Policy include all 3P + Learning products and resources that we produce and distribute. + * 3P Learning is committed to protecting the safety and security of + our registered users, including students, teachers, school + administrators and parents (collectively,Registrants) and we are + sensitive to concerns about the safety of the personal information + provided to us. Please read this Privacy Policy carefully in order + to understand how any personal information collected by us is used. + * As a global company, our Privacy Policy has been developed in + accordance with a range of legislation which applies to us. In + addition, we have developed our privacy framework to assist our + customers that are schools, districts and education bodies to + comply with privacy legislation and regulations applicable to them + and the way they manage personal information. + * Collectively, this legislation includes, but is not limited to: + + The Australian Privacy Act 1988 + + The New Zealand Privacy Act 1993 + + The United Kingdom Data Protection Act 2018 (View 3P + Learning's ICO Registration Certificate) + + The United States Children's Online Privacy Protection Act + ("COPPA") and Rule + as administered by the Federal Trade Commission + + The United States Family Educational Rights and Privacy Act + ("FERPA") + + The Alberta Freedom of Information and Protection of Privacy + Act + + The Canadian Personal Information Protection and Electronic + Documents Act ("PIPEDA") + + The Freedom of Information and Protection of Privacy Act + (British Columbia) ("FIPPA") + + The Personal Information International Disclosure Protection + Act (Nova Scotia) ("PIIDPA") + + The Municipal Freedom of Information and Protection of Privacy + Act, Ontario ("MFIPPA") + + The Student Online Personal Information Protection Act, + California ("SOPIPA") + + The EU General Data Protection Regulation (Regulation + 2016/679)("GDPR") + + The UK General Data Protection Regulation ("UK GDPR") + + The South African Protection of Personal Information Act + (`POPI Act'). + What personal information we collect -We collect personal information to -provide - Registrants our learning products -, -services - and related information -.  -The kinds of personal information we collect depends on how you interact with us.  -We collect the following categories of personal information: -As a customer, prospective customer, or user of our Site, we may collect information such as your name, contact information including phone number and email address, school name, class year and country or state of residence or school. -  -We may also collect details of other interactions that you have with us, together with any other information that you choose to provide us with -, f -or example, through your interactions with our customer and technical support teams. -  -We do not however collect any unnecessary personal information from Registrants (for instance, information about religious beliefs). -  -It is impractical in most circumstances for you to remain anonymous, and we may not be able to interact with you, -provide - access to the Site, or answer your enquiry if we are not able to -identify - you or collect your personal information. -  -In the case of school/educational institution customers ( -School Customer -), we seek consent from the School Customer to be provided with Registrant information for and on behalf of that student or teacher. -  -In the case of individual / home subscriptions ( -Home Customers -) we seek consent from the Home Customer at the time of purchasing and registering the product to use the information collected from them (including the student). Subscriptions on behalf of a student who is a minor must be completed by the student’s parent or legal guardian. -  -Registrants who do not give this consent (or do not have this consent provided on their behalf) cannot provide us with their personal information and cannot use the Site. You can however withdraw your consent at any time. + + * We collect personal information to provide Registrants our learning + products, services and related information. The kinds of personal + information we collect depends on how you interact with us. + + * We collect the following categories of personal information: + + As a customer, prospective customer, or user of our Site, we + may collect information such as your name, contact information + including phone number and email address, school name, class + year and country or state of residence or school. + + We may also collect details of other interactions that you + have with us, together with any other information that you + choose to provide us with, for example, through your + interactions with our customer and technical support teams. + + We do not however collect any unnecessary personal information + from Registrants (for instance, information about religious + beliefs). + + It is impractical in most circumstances for you to remain + anonymous, and we may not be able to interact with you, + provide access to the Site, or answer your enquiry if we are + not able to identify you or collect your personal + information. + + In the case of school/educational institution customers + (School Customer), we seek consent from the School Customer to + be provided with Registrant information for and on behalf of + that student or teacher. + + In the case of individual / home subscriptions (Home + Customers) we seek consent from the Home Customer at the time + of purchasing and registering the product to use the + information collected from them (including the student). + Subscriptions on behalf of a student who is a minor must be + completed by the student's parent or legal guardian. + + * Registrants who do not give this consent (or do not have this + consent provided on their behalf) cannot provide us with their + personal information and cannot use the Site. You can however + withdraw your consent at any time. + How we collect and process your personal information -We may collect your personal information in a number of ways, including: -directly from you (unless it is unreasonable or impracticable to do so); -from our School Customer (e.g. teachers or school administrators that purchase access to our Site for their students and teachers); or -from third parties such as our distributors (resellers and sales agents). -General contact -You may provide us with personal information when you contact us via our websites, by email or by phone or through feedback surveys. The information you provide will assist us in responding to your enquiry, or you may provide information anonymously. + + * We may collect your personal information in a number of ways, + including: + + directly from you (unless it is unreasonable or impracticable + to do so); + + from our School Customer (e.g. teachers or school + administrators that purchase access to our Site for their + students and teachers); or + + from third parties such as our distributors (resellers and + sales agents). + +General contact + + * You may provide us with personal information when you contact us + via our websites, by email or by phone or through feedback surveys. + The information you provide will assist us in responding to your + enquiry, or you may provide information anonymously. + Personal information for account subscription -For Home Customers, the parent or carer registering on behalf of their child(ren), must give their consent at the time of registration to provide us with information about them and their child(ren) to use our Services. We are unable to provide access to Services to students under 13 years of age or who are legally a minor in their relevant location, without the parent or carer providing consent and details to administer the account subscription. -For School Customers: Teachers or administrators registering for their class or school must give their consent at the time of registration to provide us with their own name, class name, school name and their email address to administer the school / education institution’s account, as well as student details (name, class, and age). -We also ask for Registrants’ consent to use any personal information collected in accordance with this Privacy Policy at the time of login to our Site. If a Registrant does not wish to provide us with their consent, they are unable agree to the Site Terms and Conditions and must not use the Site. + + * For Home Customers, the parent or carer registering on behalf of + their child(ren), must give their consent at the time of + registration to provide us with information about them and their + child(ren) to use our Services. We are unable to provide access to + Services to students under 13 years of age or who are legally a + minor in their relevant location, without the parent or carer + providing consent and details to administer the account + subscription. + * For School Customers: Teachers or administrators registering for + their class or school must give their consent at the time of + registration to provide us with their own name, class name, school + name and their email address to administer the school / education + institution's account, as well as student details (name, class, and + age). + * We also ask for Registrants' consent to use any personal + information collected in accordance with this Privacy Policy at the + time of login to our Site. If a Registrant does not wish to provide + us with their consent, they are unable agree to the Site Terms and + Conditions and must not use the Site. + Personal information within in-program access -The personal information or identifiers provided to us from the parent or teacher will be used in our programs to deliver our Services. -The learning activities in our education programs may also allow personal information to be collected and processed as follows: -Students and teachers may access learning activities that allow a free-text response to be entered, for example, educational book review, writing exercises, or to note learning outcomes. The information may be viewed by the subscribed Registrants within their account permissions. The teacher or parent may give additional consents for competition activities that we administer. -Students may access learning activities for reading practice. Our program may collect voice-recordings of a student where a teacher has assigned a reading practice tasks (school customers only). Audio files can be deleted at any time and are automatically deleted after 24 months. -In circumstances personal information is entered by the user, consent is given by School or Home Customer to 3P Learning to use the information to deliver and these learning activities. -For School Customers, we do not enable additional services from third parties (such as class administration services) to collect or use personal information unless you have agreed to receive those services. In those circumstances the terms of the third party in relation to the collection and use of personal information will also apply. + + * The personal information or identifiers provided to us from the + parent or teacher will be used in our programs to deliver our + Services. + * The learning activities in our education programs may also allow + personal information to be collected and processed as follows: + + Students and teachers may access learning activities that + allow a free-text response to be entered, for example, + educational book review, writing exercises, or to note + learning outcomes. The information may be viewed by the + subscribed Registrants within their account permissions. The + teacher or parent may give additional consents for competition + activities that we administer. + + Students may access learning activities for reading practice. + Our program may collect voice-recordings of a student where a + teacher has assigned a reading practice tasks (school + customers only). Audio files can be deleted at any time and + are automatically deleted after 24 months. + * In circumstances personal information is entered by the user, + consent is given by School or Home Customer to 3P Learning to use + the information to deliver and these learning activities. + * For School Customers, we do not enable additional services from + third parties (such as class administration services) to collect or + use personal information unless you have agreed to receive those + services. In those circumstances the terms of the third party in + relation to the collection and use of personal information will + also apply. + Careers -You may provide us with personal information as an applicant, contractor or employee to discuss roles and careers at 3P Learning. You will receive our employer privacy statement and we will only use personal information for those discussions. + + * You may provide us with personal information as an applicant, + contractor or employee to discuss roles and careers at 3P Learning. + You will receive our employer privacy statement and we will only + use personal information for those discussions. + What we will do with your information -The information collected from Registrants, customers or prospective customers may be used for the following purposes: -to provide access to our products and services; -to manage prospective purchases, purchased subscriptions and payments including to provide quotes or offers. -to send a confirmation notice to the Registrant of the registration; to administer and manage accounts, including password resetting, responding to questions raised by Registrants, to contact the Registrant about any problems with the Registrant’s account or conduct on the Site; -to receive updates about our products and services; -to send out a 3P Learning newsletter or emails about the Site including information about current events, changes, improvements, upgrades, new product development and rules of the Site; -to publish the names of winners and high performers on the Site or in the 3P Learning newsletter and to provide results data for each Registrant or school class; -to send prizes or certificates for participation and performance on the Site; -for administrative, planning, product or service development, staff training, quality control and research purposes relating to our products and services; -for marketing purposes, but only where we have express or implied consent to contact someone or we are otherwise permitted by law to do so. Registrants may also opt out at any time by following the specific opt out instructions within the communications that we send. -Hall of Fame leaderboards: 3P Learning strives to provide a highly engaging Site for students. Given students have indicated their strong preference for their name to be shown publicly on our Sites in recognition of their achievements, we allow this – but we do not allow full names (i.e. First Name and Surname) to be shown publicly. In addition, all administrative user access to any Site permits the partial (to initials only) or full anonymising (by use of a pseudonym) of names, where preferred by the user. If you have any questions about the Hall of Fame and managing the information that is disclosed, please -contact us -. -The Site does not provide students with any means to communicate directly with each other. There are no chat rooms connected with the learning resources. Access to, and use of customer feedback forums or our professional online communities, are designed and limited for use by parents, educators and/or other contributors who are not legally minors. -The Site may -have -additional - features -in which - parents and teachers -can -give -their -consent -, and/or -give -consent on behalf of a student, -to -access, -disclose - or use their personal information - or learning activity information -. -  + + * The information collected from Registrants, customers or + prospective customers may be used for the following purposes: + + to provide access to our products and services; + + to manage prospective purchases, purchased subscriptions and + payments including to provide quotes or offers. + + to send a confirmation notice to the Registrant of the + registration; to administer and manage accounts, including + password resetting, responding to questions raised by + Registrants, to contact the Registrant about any problems with + the Registrant's account or conduct on the Site; + + to receive updates about our products and services; + + to send out a 3P Learning newsletter or emails about the Site + including information about current events, changes, + improvements, upgrades, new product development and rules of + the Site; + + to publish the names of winners and high performers on the + Site or in the 3P Learning newsletter and to provide results + data for each Registrant or school class; + + to send prizes or certificates for participation and + performance on the Site; + + for administrative, planning, product or service development, + staff training, quality control and research purposes relating + to our products and services; + + for marketing purposes, but only where we have express or + implied consent to contact someone or we are otherwise + permitted by law to do so. Registrants may also opt out at any + time by following the specific opt out instructions within the + communications that we send. + * Hall of Fame leaderboards: 3P Learning strives to provide a highly + engaging Site for students. Given students have indicated their + strong preference for their name to be shown publicly on our Sites + in recognition of their achievements, we allow this - but we do not + allow full names (i.e. First Name and Surname) to be shown + publicly. In addition, all administrative user access to any Site + permits the partial (to initials only) or full anonymising (by use + of a pseudonym) of names, where preferred by the user. If you have + any questions about the Hall of Fame and managing the information + that is disclosed, please contact us. + * The Site does not provide students with any means to communicate + directly with each other. There are no chat rooms connected with + the learning resources. Access to, and use of customer feedback + forums or our professional online communities, are designed and + limited for use by parents, educators and/or other contributors who + are not legally minors. + * The Site may have additional features in which parents and teachers + can give their consent, and/or give consent on behalf of a student, + to access, disclose or use their personal information or learning + activity information. + What we will not do with your personal information -3P Learning will keep your personal information confidential and not sell or disclose your information to advertisers or any external third parties, unless: -we believe, in good faith, that we -are required to - share your information with a third party such as a regulator or court -in order to -comply with - law, regulation, legal process, court order or subpoena; -  -to enforce our Terms & Conditions or the terms of the licence granted to access and use the Site; -the disclosure is to a third party that acts on our behalf, powers certain aspects of our Sites or processes data on our behalf, such as a distributor of our products and services, the licensor or owner of a product or resource that we distribute, or to a contracted service provider; -in connection with any transaction involving our companies or assets, where another party acquires ownership or operation of the Site, in which case that successor organization will be subject to the obligations in this Privacy Policy and any contractual representations we have entered into, and subject to law; or -to protect the safety and security of our Registrants and our Site. -If third parties act on our behalf, we require them to hold, use and -disclose - your personal information -in accordance with - this Privacy Policy, applicable privacy obligations and our contractual obligations. -  -Generally - we will only use your information within 3P Learning, however, sometimes we -provide - data on results to government education departments, peak bodies managing or -representing - schools, or schools themselves, especially in the case of School Customers, who use the features of our products (such as performance reporting tools) for educational / teaching purposes. We will require these third parties to comply strictly with our instructions, use the information only for legitimate educational interests and not for any commercial purposes. -  -We do not sell data to advertisers (whether personal, -anonymous - or aggregated). We do not use data to engage in targeted advertising to children and we do not create or build personal profiles of students other than for the purpose of supporting authorized educational/school purposes or as otherwise specifically authorized by a parent/student or school/educational institution customer. -  -We  -do - not - use -cookies - or -third party - providers to -engage in behavioural targeting of advertisements to students. For more information refer to - our -Cookies - & -Third Party - Technologies Policy. -  + + * 3P Learning will keep your personal information confidential and + not sell or disclose your information to advertisers or any + external third parties, unless: + + we believe, in good faith, that we are required to share your + information with a third party such as a regulator or court in + order to comply with law, regulation, legal process, court + order or subpoena; + + to enforce our Terms & Conditions or the terms of the licence + granted to access and use the Site; + + the disclosure is to a third party that acts on our behalf, + powers certain aspects of our Sites or processes data on our + behalf, such as a distributor of our products and services, + the licensor or owner of a product or resource that we + distribute, or to a contracted service provider; + + in connection with any transaction involving our companies or + assets, where another party acquires ownership or operation of + the Site, in which case that successor organization will be + subject to the obligations in this Privacy Policy and any + contractual representations we have entered into, and subject + to law; or + + to protect the safety and security of our Registrants and our + Site. + * If third parties act on our behalf, we require them to hold, use + and disclose your personal information in accordance with this + Privacy Policy, applicable privacy obligations and our contractual + obligations. + * Generally we will only use your information within 3P Learning, + however, sometimes we provide data on results to government + education departments, peak bodies managing or representing + schools, or schools themselves, especially in the case of School + Customers, who use the features of our products (such as + performance reporting tools) for educational / teaching purposes. + We will require these third parties to comply strictly with our + instructions, use the information only for legitimate educational + interests and not for any commercial purposes. + * We do not sell data to advertisers (whether personal, anonymous or + aggregated). We do not use data to engage in targeted advertising + to children and we do not create or build personal profiles of + students other than for the purpose of supporting authorized + educational/school purposes or as otherwise specifically authorized + by a parent/student or school/educational institution customer. + * Wedo notuse cookies or third party providers to engage in + behavioural targeting of advertisements to students. For more + information refer to our Cookies & Third Party Technologies + Policy. + How long we hold your information -We retain the personal information that we collect from and about our Registrants for as long as it is needed to provide access to the Site or to manage that Registrant’s account. -We take reasonable steps to delete the personal information we collect if your registration to use our Site lapses and you (or if you are under 13 or legally a minor in your relevant location, a parent or guardian may request on your behalf) opt out of receiving further communications from us, or if you ask us to delete your information. We may however retain and use personal information as necessary to comply with our legal and regulatory obligations, to resolve disputes and to enforce our agreements, and we may retain and use anonymous and aggregated information for performance reporting, benchmarking and analytic purposes and for product and service improvement. -Registrants can request that their personal information be deleted by contacting us: -For Reading Eggs/Mathseeds products: -dpo@3plearning.com -For other products: -privacy@3plearning.com + + * We retain the personal information that we collect from and about + our Registrants for as long as it is needed to provide access to + the Site or to manage that Registrant's account. + * We take reasonable steps to delete the personal information we + collect if your registration to use our Site lapses and you (or if + you are under 13 or legally a minor in your relevant location, a + parent or guardian may request on your behalf) opt out of receiving + further communications from us, or if you ask us to delete your + information. We may however retain and use personal information as + necessary to comply with our legal and regulatory obligations, to + resolve disputes and to enforce our agreements, and we may retain + and use anonymous and aggregated information for performance + reporting, benchmarking and analytic purposes and for product and + service improvement. + * Registrants can request that their personal information be deleted + by contacting us: + For Reading Eggs/Mathseeds products: dpo@3plearning.com + For other products: privacy@3plearning.com + Updating and accessing your personal information -Registrants have a right to request a copy of the personal information we hold about them, and Registrants can also update their personal information at any time, in each case by contacting 3P Learning. -If you wish to receive a copy of this information or to update or correct information held about you, please address your request to the Privacy and Data Protection Officers at privacy@3plearning.com. We will endeavour to deal with your request promptly. + + * Registrants have a right to request a copy of the personal + information we hold about them, and Registrants can also update + their personal information at any time, in each case by contacting + 3P Learning. + * If you wish to receive a copy of this information or to update or + correct information held about you, please address your request to + the Privacy and Data Protection Officers at privacy@3plearning.com. + We will endeavour to deal with your request promptly. + Keeping your personal information secure -3P Learning is committed to information security. We will use all reasonable endeavours to keep the personal information we collect and use in a secure environment, and we have -implemented -appropriate technical -, -administrative - and physical security measures that are designed to protect personal information from unauthorised access, disclosure, use and modification. These measures include the encryption of personal information and the implementation of organisational measures, such as our incident response plan. As part of our privacy compliance -processes - we review these security procedures to consider appropriate -new technology - and methods and engage independent third parties to review and audit aspects of our information security. -  -We use Microsoft Azure and Amazon Web Services for data hosting and storage. Both providers are recognised for their leading approaches to data security. -Where data is hosted -(Backup) -Reading Eggs, Mathseeds, Wordflyers, Writing legends -AWS -US -(Australia) -Mathletics -Microsoft Azure -US -(West Europe) -Writing Legends, Storyathon -Microsoft Azure -Australia and US. -(West Europe) -Brightpath Progress -AWS -Australia -(Australia (Vic) -Further information regarding Microsoft Azure privacy and security practices, including the latest updates and compliance information, at -news.microsoft.com/security2015 - and -www.microsoft.com/en-us/trustcenter/security/azure-security -. -Further information regarding Amazon Web Services privacy and security practices, including the latest updates and compliance information, can be found at -aws.amazon.com/compliance/data-privacy-faq - and -aws.amazon.com/security -We provide our personnel with training about data security and privacy, and we require all our employees and contractors to comply with this Privacy Policy and their obligations of confidentiality. We will take appropriate actions to address breaches by employees and contractors of the obligations imposed by this Privacy Policy. + + * 3P Learning is committed to information security. We will use all + reasonable endeavours to keep the personal information we collect + and use in a secure environment, and we have implemented + appropriate technical, administrative and physical security + measures that are designed to protect personal information from + unauthorised access, disclosure, use and modification. These + measures include the encryption of personal information and the + implementation of organisational measures, such as our incident + response plan. As part of our privacy compliance processes we + review these security procedures to consider appropriate new + technology and methods and engage independent third parties to + review and audit aspects of our information security. + * We use Microsoft Azure and Amazon Web Services for data hosting and + storage. Both providers are recognised for their leading approaches + to data security. + * + + Where data is hosted (Backup) + Reading Eggs, Mathseeds, Wordflyers, Writing legends AWS US (Australia) + Mathletics Microsoft Azure US (West Europe) + Writing Legends, Storyathon Microsoft Azure Australia and US. (West + Europe) + Brightpath Progress AWS Australia (Australia (Vic) + * Further information regarding Microsoft Azure privacy and security + practices, including the latest updates and compliance information, + at news.microsoft.com/security2015 and + www.microsoft.com/en-us/trustcenter/security/azure-security. + * Further information regarding Amazon Web Services privacy and + security practices, including the latest updates and compliance + information, can be found at + aws.amazon.com/compliance/data-privacy-faq and + aws.amazon.com/security + * We provide our personnel with training about data security and + privacy, and we require all our employees and contractors to comply + with this Privacy Policy and their obligations of confidentiality. + We will take appropriate actions to address breaches by employees + and contractors of the obligations imposed by this Privacy Policy. + Data transfers, storage and processing globally -Registrants’ personal information is uploaded to and stored on servers that are maintained by third party providers, Microsoft Azure and Amazon Web Services, at locations in the United States, Europe and Australia. For further information about where personal information is hosted please see our -Data Privacy and Security FAQs -. -As we operate globally, we may on occasion allow your personal information to be accessed in countries other than your own location. We may do this where data is accessed: -by companies within the 3P Group (i.e. 3P Learning Limited, Blake eLearning and their related entities and subsidiaries) for operational, administrative and compliance purposes; -by our sales, operational or global customer support teams (primarily, although not exclusively, located in Australia, the United Kingdom, the USA and Canada); or -by one of our licensors (who owns, develops and hosts a particular product) or distributors (sales agents or resellers) who requires the information to set up, service or manage a customer account; -where a copy is sent to the Registrant itself at their request. -By consenting to the collection and use of their personal information, Registrants’ consent to their personal information being transferred and stored in this manner. -Registrants in Canada, please refer to - ‘Special information for users across Canada -’. -  -  -Registrants in the EU - and UK -, please refer to -‘Special - information -for - users - in the European Union and the United Kingdom -’ -. -  -W -e - may record, with your express consent, calls -with customers -for quality and staff training purposes. If, with your consent, we record a telephone call - for this purpose -, that recording will be stored in data centres -located - in -US - and -deleted - when no longer -required -. -  + + * Registrants' personal information is uploaded to and stored on + servers that are maintained by third party providers, Microsoft + Azure and Amazon Web Services, at locations in the United States, + Europe and Australia. For further information about where personal + information is hosted please see our Data Privacy and Security + FAQs. + * As we operate globally, we may on occasion allow your personal + information to be accessed in countries other than your own + location. We may do this where data is accessed: + + by companies within the 3P Group (i.e. 3P Learning Limited, + Blake eLearning and their related entities and subsidiaries) + for operational, administrative and compliance purposes; + + by our sales, operational or global customer support teams + (primarily, although not exclusively, located in Australia, + the United Kingdom, the USA and Canada); or + + by one of our licensors (who owns, develops and hosts a + particular product) or distributors (sales agents or + resellers) who requires the information to set up, service or + manage a customer account; + + where a copy is sent to the Registrant itself at their + request. + * By consenting to the collection and use of their personal + information, Registrants' consent to their personal information + being transferred and stored in this manner. + * Registrants in Canada, please refer to `Special information for + users across Canada'. + * Registrants in the EU and UK, please refer to `Special information + for users in the European Union and the United Kingdom'. + * We may record, with your express consent, calls with customers for + quality and staff training purposes. If, with your consent, we + record a telephone call for this purpose, that recording will be + stored in data centres located in US and deleted when no longer + required. + Anonymous or aggregated information -In addition to personal information and results data, 3P Learning also collects anonymous information about Registrants and the activities of Registrants on the Site. Anonymous information is information that is not linked to the name or identity of a user. This information is used for educational performance reporting and analytics and to assist us in enhancing the learning resources. The information remains anonymous at all times. -3P Learning powers certain elements of the Company’s online marketing and advertising using information from third-party service providers that already know about you (referred to as ‘retargeting’). We collect information about where you saw the ads and what ads you clicked on. This is data that does not personally or directly identify you. We do not engage in this type of marketing or advertising to students or children. -When agreeing to the Term and Conditions, Registrants grant us the right to use this anonymous information for our own purposes, such as the preparation of statistical reports or to improve and change the content of our products. -You can find more information on -co -okies -in our ‘ -Cookies - & -Third Party - Technologies Policy -’ -. -  + + * In addition to personal information and results data, 3P Learning + also collects anonymous information about Registrants and the + activities of Registrants on the Site. Anonymous information is + information that is not linked to the name or identity of a user. + This information is used for educational performance reporting and + analytics and to assist us in enhancing the learning resources. The + information remains anonymous at all times. + * 3P Learning powers certain elements of the Company's online + marketing and advertising using information from third-party + service providers that already know about you (referred to as + `retargeting'). We collect information about where you saw the ads + and what ads you clicked on. This is data that does not personally + or directly identify you. We do not engage in this type of + marketing or advertising to students or children. + * When agreeing to the Term and Conditions, Registrants grant us the + right to use this anonymous information for our own purposes, such + as the preparation of statistical reports or to improve and change + the content of our products. + * You can find more information on cookies in our `Cookies & Third + Party Technologies Policy'. + Revision of Privacy Policy -3P Learning reserves the right to change, modify, or revise this Privacy Policy in order to comply with any applicable laws, to reflect changes in our processes or for any other reason at any time. -We will notify Registrants when we update this Privacy Policy by publishing our notification on this website. We also communicate important changes in our Privacy Policy to Registered Users and customers during their subscription term. -By accessing our learning Sites or websites you consent to the terms under which we process your information set out in this Privacy Policy, including how we notify you of amendments to this Privacy Policy. + + 3P Learning reserves the right to change, modify, or revise this + Privacy Policy in order to comply with any applicable laws, to reflect + changes in our processes or for any other reason at any time. + + We will notify Registrants when we update this Privacy Policy by + publishing our notification on this website. We also communicate + important changes in our Privacy Policy to Registered Users and + customers during their subscription term. + + By accessing our learning Sites or websites you consent to the terms + under which we process your information set out in this Privacy Policy, + including how we notify you of amendments to this Privacy Policy. + Contact Us -All requests to access, update and delete personal information as well as questions and concerns about your personal information and this Privacy Policy should be directed -as follows. -For Reading Eggs/Mathseeds products: -dpo@3plearning.com -For other products: -privacy@3plearning.com -If you have a question or a complaint you can also write to us at -  -Privacy Officer 3P Learning -, -  -655 Parramatta Road -, -  -Leichhardt, NSW -, - Australia - 2040 -We will -endeavor - to respond to your query as quickly as possible. -  -If you are not satisfied with the response you receive, you may have the right to contact the regulator responsible for privacy in your home country. -To contact us by phone, please find the contact numbers to our customer support office on the last page of this policy. + + All requests to access, update and delete personal information as well + as questions and concerns about your personal information and this + Privacy Policy should be directed as follows. + + For Reading Eggs/Mathseeds products: dpo@3plearning.com + For other products: privacy@3plearning.com + + If you have a question or a complaint you can also write to us at + Privacy Officer 3P Learning, + 655 Parramatta Road, + Leichhardt, NSW, Australia 2040 + + We will endeavor to respond to your query as quickly as possible. + + If you are not satisfied with the response you receive, you may have + the right to contact the regulator responsible for privacy in your home + country. + + To contact us by phone, please find the contact numbers to our customer + support office on the last page of this policy. + Special information for users across Canada -3P Learning is committed to providing access to our resources through an environment that is compliant with all national and provincial privacy requirements applicable to us, and those requirements that apply to our School Customers across Canada. -This Privacy Policy has been developed with the standards required to be compliant with the Alberta Freedom of Information and Protection of Privacy Act, the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA), the Personal Information International Disclosure Protection Act (Nova Scotia) (“PIIDPA”), the Freedom of Information and Protection of Privacy Act (British Columbia) (“FIPPA”) and the Municipal Freedom of Information and Protection of Privacy Act, Ontario (“MFIPPA”). -Information that is located outside Canada will adhere and be subject to legal requirements in those foreign countries. We review and respond to requirements according to the laws applicable to us and our service providers. -For School Customers – Mathletics -  Our customer -service team in Canada administers student data for Mathletics for Canadian school customers.  Accordingly, student names remain in Canada for this service. The data pertaining to a student’s activity within the platform (non-personally identifiable data) is stored in the East US 2 region of Microsoft Azure, and backed up in West Europe.  Access to data is restricted to users with approved access to 3P applications. The School may approve teachers, administration and IT personnel to access information (including student information) held in the school account. -  -        Schools may request that their users in a class are identified by pseudonyms rather           than names to access our products and resources. -  -        Please contact our Privacy Officer if you require -additional information at: -        Privacy Officer, 3P Learning, 655 Parramatta Road, Leichhardt, NSW 2040 Australia, or -privacy@3plearning.com -.   -        If you have any further questions or would like to contact us by telephone regarding the above: please visit our -Contact Us - page for details. + + * 3P Learning is committed to providing access to our resources + through an environment that is compliant with all national and + provincial privacy requirements applicable to us, and those + requirements that apply to our School Customers across Canada. + * This Privacy Policy has been developed with the standards required + to be compliant with the Alberta Freedom of Information and + Protection of Privacy Act, the Canadian Personal Information + Protection and Electronic Documents Act (PIPEDA), the Personal + Information International Disclosure Protection Act (Nova Scotia) + ("PIIDPA"), the Freedom of Information and Protection of Privacy + Act (British Columbia) ("FIPPA") and the Municipal Freedom of + Information and Protection of Privacy Act, Ontario ("MFIPPA"). + * Information that is located outside Canada will adhere and be + subject to legal requirements in those foreign countries. We review + and respond to requirements according to the laws applicable to us + and our service providers. + * For School Customers - Mathletics Our customer service team in + Canada administers student data for Mathletics for Canadian school + customers. Accordingly, student names remain in Canada for this + service. The data pertaining to a student's activity within the + platform (non-personally identifiable data) is stored in the East + US 2 region of Microsoft Azure, and backed up in West Europe. + Access to data is restricted to users with approved access to 3P + applications. The School may approve teachers, administration and + IT personnel to access information (including student information) + held in the school account. + + Schools may request that their users in a class are identified + by pseudonyms rather than names to access our products and + resources. + + Please contact our Privacy Officer if you require additional + information at: + Privacy Officer, 3P Learning, 655 Parramatta Road, Leichhardt, + NSW 2040 Australia, or privacy@3plearning.com. + + If you have any further questions or would like to contact us + by telephone regarding the above: please visit our Contact Us page for + details. + Special Information for users in the European Union and the United Kingdom -3P Learning welcomes the EU GDPR and UK GDPR as essential regulations to affirm our commitment to data protection across the European Union and the United Kingdom. We are committed to ensuring: -Personal data is processed fairly, lawfully and in a transparent manner -Personal data is collected and processed only for specified and lawful purposes -Processed data is adequate, relevant and not excessive -Processed data is accurate and, where necessary, kept up to date -Personal data is not kept longer than necessary -Personal data is processed in accordance with an individual’s rights -Personal data is kept secure -Personal data is not transferred to countries outside of the EU or the UK without adequate protection -The information below should be read in addition to our Privacy Policy, and outlines specific information relevant to certain aspects of our GDPR compliance. -3P Learning UK Ltd is registered with the Independent Commissioners Office (ICO), registration reference no:  -Z2188515.  -A copy of this certificate can be downloaded  -here -. 3P Learning UK Ltd is a company registered in England and Wales with company registration no. 05919214 and is a trading company within the 3P Learning Group. -Lawfulness of processing: 3P Learning collects personal information in a number of contexts and for a number of purposes. Please refer to the “What personal information we collect”, “What we will do with your information” and “How we collect and process your information” sections of the Privacy Policy. Our processing activities are based either on consent or legitimate interests pursued by 3P Learning and our school and district customers in delivering learning resources for use by schools, teachers, parents and students which are designed to improve learning outcomes and inspire a love of learning. -Is personal information transferred outside of the European Union or the United Kingdom? Yes, personal information in relation to Registered Users and customers located in the EU or the UK may be transferred outside of the EU or UK in 2 main situations: -User data may be uploaded to and stored on our servers located in the USA or Australia. For further information about where personal information is hosted please see our -Data Privacy and Security FAQs -Additional information about Microsoft’s compliance with the EU GDPR is available -here -. -Additional information about Amazon Web Services’ compliance with the EU GDPR is available -here -. -In most instances, personal data about our EU and UK based customers is collected, accessed and managed by our sales, operational and customer support teams in the United Kingdom. Very occasionally however, such information may be shared with our employees in one of our offices outside of the UK e.g. to respond to an urgent customer support query outside of normal hours or for internal reporting processes. Our main offices outside of the EU and UK are located in Calgary, Canada and Sydney, Australia. To ensure appropriate safeguards exist in relation to such transfers, 3P Learning has implemented standard contractual clauses to cover the transfer of data relevant to EU and UK registrants to other companies within the 3P Group that are not located in the EU. -We stay up to date with regulatory developments in the EU and the UK to ensure that appropriate and compliant safeguards are in place for the transfer of any personal information outside of the EU or UK. -Additionally, please refer to information about our Hall of Fame. -For further information, please contact the 3P Learning Data Protection and Privacy Officers, whose details are as below: -For Reading Eggs/Mathseeds products: -dpo@3plearning.com -For other products: -privacy@3plearning.com -If you have any further questions or would like to contact us regarding the above: please visit our -Contact Us - page for details. + + * 3P Learning welcomes the EU GDPR and UK GDPR as essential + regulations to affirm our commitment to data protection across the + European Union and the United Kingdom. We are committed to + ensuring: + + Personal data is processed fairly, lawfully and in a + transparent manner + + Personal data is collected and processed only for specified + and lawful purposes + + Processed data is adequate, relevant and not excessive + + Processed data is accurate and, where necessary, kept up to + date + + Personal data is not kept longer than necessary + + Personal data is processed in accordance with an individual's + rights + + Personal data is kept secure + + Personal data is not transferred to countries outside of the + EU or the UK without adequate protection + * The information below should be read in addition to our Privacy + Policy, and outlines specific information relevant to certain + aspects of our GDPR compliance. + * 3P Learning UK Ltd is registered with the Independent Commissioners + Office (ICO), registration reference no: Z2188515. A copy of this + certificate can be downloaded here. 3P Learning UK Ltd is a company + registered in England and Wales with company registration no. + 05919214 and is a trading company within the 3P Learning Group. + * Lawfulness of processing: 3P Learning collects personal information + in a number of contexts and for a number of purposes. Please refer + to the "What personal information we collect", "What we will do + with your information" and "How we collect and process your + information" sections of the Privacy Policy. Our processing + activities are based either on consent or legitimate interests + pursued by 3P Learning and our school and district customers in + delivering learning resources for use by schools, teachers, parents + and students which are designed to improve learning outcomes and + inspire a love of learning. + * Is personal information transferred outside of the European Union + or the United Kingdom? Yes, personal information in relation to + Registered Users and customers located in the EU or the UK may be + transferred outside of the EU or UK in 2 main situations: + + User data may be uploaded to and stored on our servers located + in the USA or Australia. For further information about where + personal information is hosted please see our Data Privacy and + Security FAQs + + Additional information about Microsoft's compliance with the + EU GDPR is available here. + + Additional information about Amazon Web Services' compliance + with the EU GDPR is available here. + + In most instances, personal data about our EU and UK based + customers is collected, accessed and managed by our sales, + operational and customer support teams in the United Kingdom. + Very occasionally however, such information may be shared with + our employees in one of our offices outside of the UK e.g. to + respond to an urgent customer support query outside of normal + hours or for internal reporting processes. Our main offices + outside of the EU and UK are located in Calgary, Canada and + Sydney, Australia. To ensure appropriate safeguards exist in + relation to such transfers, 3P Learning has implemented + standard contractual clauses to cover the transfer of data + relevant to EU and UK registrants to other companies within + the 3P Group that are not located in the EU. + + We stay up to date with regulatory developments in the EU and + the UK to ensure that appropriate and compliant safeguards are + in place for the transfer of any personal information outside + of the EU or UK. + * Additionally, please refer to information about our Hall of Fame. + * For further information, please contact the 3P Learning Data + Protection and Privacy Officers, whose details are as below: + For Reading Eggs/Mathseeds products: dpo@3plearning.com + For other products: privacy@3plearning.com + + If you have any further questions or would like to contact us regarding + the above: please visit our Contact Us page for details. + More privacy information -For more information on privacy legislation and guidelines in your local jurisdiction please contact your relevant local authorities. -Australia: -privacy.gov.au -Canada: -priv.gc.ca/en -European Union: -gdpr.eu -India: -meity.gov.in/ -New Zealand: -privacy.org.nz -Singapore: -pdpc.gov.sg -United Kingdom: -ico.org.uk -USA: -ftc.gov -South Africa: -popia.co.za -Cookies & Third Party Technologies Policy -22 April 2024 -This section explains how 3P Learning Limited and its group entities ( -3P Learning - or -we -) use cookies and third party technologies on our websites ( -Websites -), web and mobile apps, and in online products and services that we own, operate and distribute, including Mathletics, Mathseeds, Reading Eggs, Word Flyers, Writing Legends, Storyathon, Teachers Workshop Series and Brightpath Progress ( -Services -). It explains what these technologies are and why we use them, and how to contact us with any questions concerning our use of cookies or third party technologies. + + * For more information on privacy legislation and guidelines in your + local jurisdiction please contact your relevant local authorities. + + Australia: privacy.gov.au + + Canada: priv.gc.ca/en + + European Union: gdpr.eu + + India: meity.gov.in/ + + New Zealand: privacy.org.nz + + Singapore: pdpc.gov.sg + + United Kingdom: ico.org.uk + + USA: ftc.gov + + South Africa: popia.co.za + +Cookies & Third Party Technologies Policy + + 22 April 2024 + + This section explains how 3P Learning Limited and its group entities + (3P Learning or we) use cookies and third party technologies on our + websites (Websites), web and mobile apps, and in online products and + services that we own, operate and distribute, including Mathletics, + Mathseeds, Reading Eggs, Word Flyers, Writing Legends, Storyathon, + Teachers Workshop Series and Brightpath Progress (Services). It + explains what these technologies are and why we use them, and how to + contact us with any questions concerning our use of cookies or third + party technologies. + What are cookies? -A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the site again, the cookie allows that site to recognize your browser. Cookies perform various tasks, including remembering your preferences, and are an important part of improving your experience of our Websites and Services. -We use cookies and third party technologies for several reasons, including: -for technical reasons in order for our Websites and Services to operate; -to store user preferences and other information to save you time, or tell the web server that you have returned to a specific page; -to enable functionality and personalisation to provide an improved user experience; -to track and target the interests of our users (such as parents and/or school teachers and administrators), to help us understand how our Websites are being used or how effective our marketing campaigns are, or to help us customise our Websites for you to deliver customized content and promotions to customers or users whose behaviour indicates that they are interested in a particular subject area; -third party cookies through our Websites and Services for advertising, analytics and other purposes. This is described in more detail below. -We -do not - use cookies or third party providers to engage in behavioural targeting of advertisements to students. -You may manage how you accept or block cookies in the browser settings or settings of your device (see further below for more information). + + A cookie is a small file containing a string of characters that is sent + to your computer when you visit a website. When you visit the site + again, the cookie allows that site to recognize your browser. Cookies + perform various tasks, including remembering your preferences, and are + an important part of improving your experience of our Websites and + Services. + + We use cookies and third party technologies for several reasons, + including: + * for technical reasons in order for our Websites and Services to + operate; + * to store user preferences and other information to save you time, + or tell the web server that you have returned to a specific page; + * to enable functionality and personalisation to provide an improved + user experience; + * to track and target the interests of our users (such as parents + and/or school teachers and administrators), to help us understand + how our Websites are being used or how effective our marketing + campaigns are, or to help us customise our Websites for you to + deliver customized content and promotions to customers or users + whose behaviour indicates that they are interested in a particular + subject area; + * third party cookies through our Websites and Services for + advertising, analytics and other purposes. This is described in + more detail below. + + We do not use cookies or third party providers to engage in behavioural + targeting of advertisements to students. + + You may manage how you accept or block cookies in the browser settings + or settings of your device (see further below for more information). + What cookies do we use? -When you visit our Websites, wee use the following cookies: -Essential website cookies. - These are cookies that are required for the operation of our Website, Services and the use of their features. The information collected relates to the operation of our Website and Services (e.g. website scripting language and security tokens) and enables us to provide you with the service you have requested. In most cases these are session cookies and are deleted when you close your browser. Some may persist for up to 48 hrs to up to 13 months improve the experience for users that log back into the Services within a short range of periods of logging out. -Analytical / performance cookies. - These cookies collect information on how users use our Website, for example which pages you visit most often, whether you receive any error messages and how you arrived at our website. Information collected by these cookies is used to improve your use of our Website and Services. These cookies expire after a period of inactivity. -Functionality cookies. - These cookies are used to enhance the functionality of our Websites and Services, to improve your user experience and to make your visits more tailored and enjoyable, by remembering the choices you have made when interacting with our websites and online products. In most cases these cookies are persistent cookies and remain stored, in order to recall your preferences, until you clear your cache. -Advertising cookies. - These cookies are used to make advertising messages more relevant to the user of the Website and are based on the user’s browser settings. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting ads that are based on your interests. In most cases these cookies expire within 90 days but can persist up to 13 months. We do not use cookies to engage in behavioural targeting of advertisements to students. + + When you visit our Websites, wee use the following cookies: + * Essential website cookies.These are cookies that are required for + the operation of our Website, Services and the use of their + features. The information collected relates to the operation of our + Website and Services (e.g. website scripting language and security + tokens) and enables us to provide you with the service you have + requested. In most cases these are session cookies and are deleted + when you close your browser. Some may persist for up to 48 hrs to + up to 13 months improve the experience for users that log back into + the Services within a short range of periods of logging out. + * Analytical / performance cookies.These cookies collect information + on how users use our Website, for example which pages you visit + most often, whether you receive any error messages and how you + arrived at our website. Information collected by these cookies is + used to improve your use of our Website and Services. These cookies + expire after a period of inactivity. + * Functionality cookies.These cookies are used to enhance the + functionality of our Websites and Services, to improve your user + experience and to make your visits more tailored and enjoyable, by + remembering the choices you have made when interacting with our + websites and online products. In most cases these cookies are + persistent cookies and remain stored, in order to recall your + preferences, until you clear your cache. + * Advertising cookies.These cookies are used to make advertising + messages more relevant to the user of the Website and are based on + the user's browser settings. They perform functions like preventing + the same ad from continuously reappearing, ensuring that ads are + properly displayed for advertisers, and in some cases selecting ads + that are based on your interests. In most cases these cookies + expire within 90 days but can persist up to 13 months. We do not + use cookies to engage in behavioural targeting of advertisements to + students. + Additional information about third party cookies -Some of the third party cookies we use on our Website include: -Cookies to monitor web traffic and analysis services. We use Google Analytics, LinkedIn and Microsoft page analytics services to help us understand how you use the site and ways that we can improve your experience. Cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content. Generally, all the information these cookies collect is aggregated and therefore anonymous. -Cookies that allow the provision of enhanced functionality and personalisation, such as videos. -Cookies used for advertising and marketing purposes to promote our Services and/or provide aggregated data to help us review our digital content. We may engage the services of Google AdWords, LinkedIn and Meta/Facebook. -The data and insights we obtain from third party technologies are used by 3P Learning companies to help us deliver our services. + + Some of the third party cookies we use on our Website include: + * Cookies to monitor web traffic and analysis services. We use Google + Analytics, LinkedIn and Microsoft page analytics services to help + us understand how you use the site and ways that we can improve + your experience. Cookies may track things such as how long you + spend on the site and the pages that you visit so we can continue + to produce engaging content. Generally, all the information these + cookies collect is aggregated and therefore anonymous. + * Cookies that allow the provision of enhanced functionality and + personalisation, such as videos. + * Cookies used for advertising and marketing purposes to promote our + Services and/or provide aggregated data to help us review our + digital content. We may engage the services of Google AdWords, + LinkedIn and Meta/Facebook. + + The data and insights we obtain from third party technologies are used + by 3P Learning companies to help us deliver our services. + Other third party technologies -Other -third party - applications and services may be used to add features to our -Website - or Servies, or to gauge the effectiveness of our website and marketing camp -aigns.  -T -h -ese - may include but are not limited to: -  -plug ins that help us better understand our site visitors and app users -technologies to support the internal operations of our business -services to allow users to share content on social media platforms – for example, to share a news article from our public website . We sometimes contract third-party service providers, vendors, SDKs or plug ins to assist us in better understanding our site visitors and app users. These service providers are not permitted to use the information collected on our behalf except to help support the internal operations of our business. -To find out more about the third party services, refer to our -Data Privacy and Security FAQs. + + Other third party applications and services may be used to add features + to our Website or Servies, or to gauge the effectiveness of our website + and marketing campaigns. These may include but are not limited to: + * plug ins that help us better understand our site visitors and app + users + * technologies to support the internal operations of our business + * services to allow users to share content on social media platforms + - for example, to share a news article from our public website . We + sometimes contract third-party service providers, vendors, SDKs or + plug ins to assist us in better understanding our site visitors and + app users. These service providers are not permitted to use the + information collected on our behalf except to help support the + internal operations of our business. + * To find out more about the third party services, refer to our Data + Privacy and Security FAQs. + IP Addresses -Additionally, when visitors request pages from our Websites and Services, 3P Learning’s servers log the visitor’s internet protocol address (“ -IP address -”). Your IP address, browser type, browser language, and the date and time of your query, enable us to better understand and improve the usability, performance and effectiveness of our websites for purposes of system administration, to infer a visitor’s geographic location, to track the use of our websites, and to identify a visitor when 3P Learning feels it is necessary to enforce compliance with our policies. + + Additionally, when visitors request pages from our Websites and + Services, 3P Learning's servers log the visitor's internet protocol + address ("IP address"). Your IP address, browser type, browser + language, and the date and time of your query, enable us to better + understand and improve the usability, performance and effectiveness of + our websites for purposes of system administration, to infer a + visitor's geographic location, to track the use of our websites, and to + identify a visitor when 3P Learning feels it is necessary to enforce + compliance with our policies. + How can I manage cookies? -Most internet browsers are set up by default to accept cookies. -However -you can manage or disable cookies and you can find instructions for the following -browers - here: -Microsoft Edge, -Google Chrome -, -Firefox - and -Safari -. Keep in mind that if you use your browser settings to block all cookies (including necessary cookies) you may not be able to access all or parts of our Website and Services and some functionality may be restricted. -You can find more information about cookies, including how to disable them at  -www.allaboutcookies.org -. -In addition, most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit  -www.aboutads.info/choices -. -You may opt out by clicking -here - or if located in the European Union, by clicking -here -. Please note this does not opt you out of being served advertising. You may continue to receive generic advertisements. + + Most internet browsers are set up by default to accept cookies. However + you can manage or disable cookies and you can find instructions for the + following browers here: Microsoft Edge, Google Chrome, Firefox and + Safari. Keep in mind that if you use your browser settings to block all + cookies (including necessary cookies) you may not be able to access all + or parts of our Website and Services and some functionality may be + restricted. + + You can find more information about cookies, including how to disable + them at www.allaboutcookies.org. + + In addition, most advertising networks offer you a way to opt out of + targeted advertising. If you would like to find out more information, + please visit www.aboutads.info/choices. + + You may opt out by clicking here or if located in the European Union, + by clicking here. Please note this does not opt you out of being served + advertising. You may continue to receive generic advertisements. + Mobile App technologies -Our mobile Apps deliver access to a range of learning programs. We use technologies to support how the App operates and to check the performance of the App. You can review the App details, including the permissions settings that you consent to, before installing the App on your device. -If you have any further questions, please contact us. + + Our mobile Apps deliver access to a range of learning programs. We use + technologies to support how the App operates and to check the + performance of the App. You can review the App details, including the + permissions settings that you consent to, before installing the App on + your device. + + If you have any further questions, please contact us. + Privacy Officer -Privacy@3plearning.com -3P Learning Ltd -655 Parramatta Road, -Leichhardt, Sydney, -NSW, 2040, Australia + + Privacy@3plearning.com + + 3P Learning Ltd + + 655 Parramatta Road, + + Leichhardt, Sydney, + + NSW, 2040, Australia + For Telephone details please see below: + Other Enquiries: -Asia Pacific -Australia -Asia -Telephone +61 290192800 -Fax +61 282145869 -+612 9019 2800 -customerservice@3plearning.asia -New Zealand -Pakistan -0800 375 327 -customerservice@3plearning.co.nz -+92 111 44 33 55 -cs.pk@3plearning.com -Europe, Africa and -Middle East -UK and Europe -Middle East -Existing Customers -+44 117 370 1990 -support@3plearning.co.uk -New Enquiries -+44 117 370 1578 -registrations@3plearning.co.uk -Existing Customers -+44 117 370 1990 -New Enquiries -+44 117 370 1578 -middleeast@3plearning.com -Africa -+27 (0)11 7068959 -customerservice@3plearning.co.za -Across the Americas -Canada -Mexico and Peru -+1 877 467 6851 -customerservice@3plearning.ca -+52 557 827 9581 -info@quipus.mx -USA -Latin America -and the Caribbean -+1 866 387 9139 -Existing Customers -support.usa@3plearning.com -New Enquiries -info.usa@3plearning.com -+1 866 387 9139 -support.usa@3plearning.com - - -Skip to + + Asia Pacific Australia Asia + Telephone +61 290192800 + Fax +61 282145869 +612 9019 2800 + customerservice@3plearning.asia + New Zealand Pakistan + 0800 375 327 + customerservice@3plearning.co.nz +92 111 44 33 55 + cs.pk@3plearning.com + Europe, Africa and + Middle East UK and Europe Middle East + Existing Customers + +44 117 370 1990 + support@3plearning.co.uk + New Enquiries + +44 117 370 1578 + registrations@3plearning.co.uk Existing Customers + +44 117 370 1990 + New Enquiries + +44 117 370 1578 + middleeast@3plearning.com + Africa + +27 (0)11 7068959 + customerservice@3plearning.co.za + Across the Americas Canada Mexico and Peru + +1 877 467 6851 + customerservice@3plearning.ca +52 557 827 9581 + info@quipus.mx + USA Latin America + and the Caribbean + +1 866 387 9139 + Existing Customers + support.usa@3plearning.com + New Enquiries + info.usa@3plearning.com +1 866 387 9139 + support.usa@3plearning.com + + Skip to diff --git a/3plearning_tos.txt b/3plearning_tos.txt index 5b321f3..e7c3941 100644 --- a/3plearning_tos.txt +++ b/3plearning_tos.txt @@ -2,127 +2,391 @@ SITE: 3plearning_tos URL: https://www.3plearning.com/terms?locate=en-AU -Last updated 09 May, 2024 - - -English -Español - - - - - - +Terms & Conditions + + Last updated 09 May, 2024 + + English Espaol + The Fine Print -This page outlines the General Conditions of access to and use of all 3P Learning resources, online programs and related events. + + This page outlines the General Conditions of access to and use of all + 3P Learning resources, online programs and related events. + Acknowledgment and acceptance of General Conditions -The global network of 3P Learning websites and resources, including but not limited to our websites and digital learning resources for the -Mathletics -, -Spellodrome -, -Readiwriter -, -Reading Eggs -, -Mathseeds -, -Wordflyers, -World Maths Day  and  World Education Games  brands, together with challenge websites for national and regional events which may use or integrate with some of the aforementioned websites, as well as 3P Learning Uservoice and feedback forums (collectively, the Site) are owned and operated by 3P Learning Ltd and/or its subsidiaries and/or licensors (collectively we or us). -The Site refers to any and all access to 3P Learning websites and resources, via static or mobile devices, in either native or mobile application format. Your access to and use of the Site (collectively, your Access) is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained or referred to on this page (General Conditions). Your Access to the Site constitutes your agreement to be bound by the General Conditions and that agreement may be enforced by us. If you do not agree with any of these General Conditions, you must cease using the Site. -These General Conditions apply to all users, regardless of whether a licence to Access the Site has been purchased by a school / educational institution on behalf of students and teachers, or directly by a student or parent. In the case of students who are minors, permission must be sought by that student’s school or parent / guardian (as applicable) before that student is provided with Access to the Site. -We reserve the right, at our discretion, to revise, amend and update the General Conditions at any time effective on the date of posting to the Site of the new and amended provisions. + + * The global network of 3P Learning websites and resources, including + but not limited to our websites and digital learning resources for + the Mathletics, Spellodrome, Readiwriter, Reading Eggs, Mathseeds, + Wordflyers, World Maths Day and World Education Games brands, + together with challenge websites for national and regional events + which may use or integrate with some of the aforementioned + websites, as well as 3P Learning Uservoice and feedback forums + (collectively, the Site) are owned and operated by 3P Learning Ltd + and/or its subsidiaries and/or licensors (collectively we or us). + * The Site refers to any and all access to 3P Learning websites and + resources, via static or mobile devices, in either native or mobile + application format. Your access to and use of the Site + (collectively, your Access) is conditional on your acceptance and + compliance with the terms, conditions, notices and disclaimers + contained or referred to on this page (General Conditions). Your + Access to the Site constitutes your agreement to be bound by the + General Conditions and that agreement may be enforced by us. If you + do not agree with any of these General Conditions, you must cease + using the Site. + * These General Conditions apply to all users, regardless of whether + a licence to Access the Site has been purchased by a school / + educational institution on behalf of students and teachers, or + directly by a student or parent. In the case of students who are + minors, permission must be sought by that student's school or + parent / guardian (as applicable) before that student is provided + with Access to the Site. + * We reserve the right, at our discretion, to revise, amend and + update the General Conditions at any time effective on the date of + posting to the Site of the new and amended provisions. + Privacy -By agreeing to these General Conditions, you agree to the terms of our -Privacy Policy -, which is expressly incorporated herein. Before using the Site, please carefully review our  -Privacy Policy -. All personal information provided to us as a result of your Access will be handled in accordance with our  -Privacy Policy -, and by Accessing the Site, or allowing your child/student to Access the Site, you consent to the collection, storage, use and dissemination of your personal information in accordance with this  -Privacy Policy -. + + * By agreeing to these General Conditions, you agree to the terms of + our Privacy Policy, which is expressly incorporated herein. Before + using the Site, please carefully review our Privacy Policy. All + personal information provided to us as a result of your Access will + be handled in accordance with our Privacy Policy, and by Accessing + the Site, or allowing your child/student to Access the Site, you + consent to the collection, storage, use and dissemination of your + personal information in accordance with this Privacy Policy. + Ownership of content -The Site, including without limitation all materials displayed on or produced through the Site, information, text, illustrations, graphics, video, sound recordings, software including the code comprising or used to operate the Site, functions, tools, results derived from the use of software and tools, data collected from Access to the Site, names, logos and trade marks on the Site (collectively, Content) and the intellectual property therein belong to us and are protected by copyright, trade mark, trade secrets and other intellectual property laws unless expressly indicated otherwise on the Site. -You must not modify, copy, reproduce, republish, frame, reverse engineer, download onto a computer, upload to a third party, post, transmit or distribute this Content in any way except in accordance with applicable law, these General Conditions or with our express prior written consent. + + * The Site, including without limitation all materials displayed on + or produced through the Site, information, text, illustrations, + graphics, video, sound recordings, software including the code + comprising or used to operate the Site, functions, tools, results + derived from the use of software and tools, data collected from + Access to the Site, names, logos and trade marks on the Site + (collectively, Content) and the intellectual property therein + belong to us and are protected by copyright, trade mark, trade + secrets and other intellectual property laws unless expressly + indicated otherwise on the Site. + * You must not modify, copy, reproduce, republish, frame, reverse + engineer, download onto a computer, upload to a third party, post, + transmit or distribute this Content in any way except in accordance + with applicable law, these General Conditions or with our express + prior written consent. + User Generated Content -Certain Sites and products may allow registered users to submit content through, or post content on, the Site (User Generated Content or “UGC”). For example, audio recordings of phonemes within the Readiwriter Phonics product (where students repeat and record letter sounds within the product), or feedback about our products through our customer feedback forums, such as 3P Uservoice. -If you make any UGC available through our Site, you give us permission to use, copy, modify, adapt, display and distribute that content for the purposes of (i) you and your teacher/school utilising a feature or function of the relevant product or Site; (ii) for administrative, planning, product improvement, quality control and academic or research purposes relating to our products and services, and/or (iii) otherwise in accordance with the restrictions outlined in these General Conditions and in accordance with our privacy policy. This permission is irrevocable and without payment or attribution. Unless otherwise specified, by making UGC available through the Site, you grant us a worldwide, non-exclusive, perpetual, royalty free, sublicensable and transferable licence to use any such content in whole or in part. You are not giving up your ownership rights in your UGC, however, if you make UGC available through our Site or product, you do give us permission to use it in accordance with these General Conditions. -Access to audio recordings by students for the purposes of (i) above, is restricted to the registered user/student that recorded the audio and their teacher/nominated school administrator, where access to the product has been purchased as part of a school subscription, and in all cases, only behind the product login. Parents may access stored recordings via their child’s login or with a parent login, when available. -Your name and comments, suggestions and other feedback about our products, made through our feedback forums including 3P Learning Uservoice, may be viewed by other customers and users registered to participate in those feedback forums. If you would prefer to submit feedback to us directly, please contact your account manager or at  -www.3plearning.com/contact -If you are going to make content available through our Site, it must not be offensive or inappropriate, and it must not infringe or violate the rights of any third party. -We reserve the right to take down or delete any UGC at our discretion. -User Code of Conduct and Access  Rights -Any user, including, students or teachers, found to be in breach of these General Conditions, acting in a manner that we deem to be inappropriate or inconsistent with the spirit of these General Conditions (e.g. submitting fraudulent results), or that is unlawful or prohibited by any laws applicable to the Site, may have their Access to the Site revoked. -You must not access or use the Site or the Content in any manner or for any purpose which is illegal or prohibited by any laws that apply to you, violates our rights in any way, or is prohibited by the General Conditions. -Users of the Site must protect their usernames and passwords from unauthorised use. If you suspect any unauthorized use of your account, please notify us immediately. -You must not use the Content for commercial purposes without first obtaining our express written authority. -You must take your own precautions to ensure that the process, which you employ for accessing the Site, does not expose you to the risk of viruses, malicious computer code or other forms of interference, which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system or data, which arises in connection with your Access. -The Site and our Content is continuously evolving. We reserve the right to delete, modify, change, evolve and improve existing Content, including curriculum, product features and tools, at any time without notice or consent. -A paid subscription to any 3P Learning resource permits the subscribed user access to the resource in its native format across both static and mobile devices. We reserve the right to levy additional charges for access to resources outside of this limitation. In some cases, additional subscription charges may be levied for non-native access, premium additional content, printed content, mobile device access to standalone components of 3P Learning resources as well as special 3P Learning educational events or competitions. + + * Certain Sites and products may allow registered users to submit + content through, or post content on, the Site (User Generated + Content or "UGC"). For example, audio recordings of phonemes within + the Readiwriter Phonics product (where students repeat and record + letter sounds within the product), or feedback about our products + through our customer feedback forums, such as 3P Uservoice. + * If you make any UGC available through our Site, you give us + permission to use, copy, modify, adapt, display and distribute that + content for the purposes of (i) you and your teacher/school + utilising a feature or function of the relevant product or Site; + (ii) for administrative, planning, product improvement, quality + control and academic or research purposes relating to our products + and services, and/or (iii) otherwise in accordance with the + restrictions outlined in these General Conditions and in accordance + with our privacy policy. This permission is irrevocable and without + payment or attribution. Unless otherwise specified, by making UGC + available through the Site, you grant us a worldwide, + non-exclusive, perpetual, royalty free, sublicensable and + transferable licence to use any such content in whole or in part. + You are not giving up your ownership rights in your UGC, however, + if you make UGC available through our Site or product, you do give + us permission to use it in accordance with these General + Conditions. + * Access to audio recordings by students for the purposes of (i) + above, is restricted to the registered user/student that recorded + the audio and their teacher/nominated school administrator, where + access to the product has been purchased as part of a school + subscription, and in all cases, only behind the product login. + Parents may access stored recordings via their child's login or + with a parent login, when available. + * Your name and comments, suggestions and other feedback about our + products, made through our feedback forums including 3P Learning + Uservoice, may be viewed by other customers and users registered to + participate in those feedback forums. If you would prefer to submit + feedback to us directly, please contact your account manager or at + www.3plearning.com/contact + * If you are going to make content available through our Site, it + must not be offensive or inappropriate, and it must not infringe or + violate the rights of any third party. + We reserve the right to take down or delete any UGC at our + discretion. + +User Code of Conduct and Access Rights + + * Any user, including, students or teachers, found to be in breach of + these General Conditions, acting in a manner that we deem to be + inappropriate or inconsistent with the spirit of these General + Conditions (e.g. submitting fraudulent results), or that is + unlawful or prohibited by any laws applicable to the Site, may have + their Access to the Site revoked. + * You must not access or use the Site or the Content in any manner or + for any purpose which is illegal or prohibited by any laws that + apply to you, violates our rights in any way, or is prohibited by + the General Conditions. + * Users of the Site must protect their usernames and passwords from + unauthorised use. If you suspect any unauthorized use of your + account, please notify us immediately. + * You must not use the Content for commercial purposes without first + obtaining our express written authority. + * You must take your own precautions to ensure that the process, + which you employ for accessing the Site, does not expose you to the + risk of viruses, malicious computer code or other forms of + interference, which may damage your own computer system. We do not + accept responsibility for any interference or damage to your own + computer system or data, which arises in connection with your + Access. + * The Site and our Content is continuously evolving. We reserve the + right to delete, modify, change, evolve and improve existing + Content, including curriculum, product features and tools, at any + time without notice or consent. + * A paid subscription to any 3P Learning resource permits the + subscribed user access to the resource in its native format across + both static and mobile devices. We reserve the right to levy + additional charges for access to resources outside of this + limitation. In some cases, additional subscription charges may be + levied for non-native access, premium additional content, printed + content, mobile device access to standalone components of 3P + Learning resources as well as special 3P Learning educational + events or competitions. + Copyright -Copyright in this Site (including without limitation all content, text, graphics, logos, icons, sound recordings, video, software and downloadable / printable files, worksheets, workbooks and resources) is owned or licensed by us. -Other than for the purposes of, and subject to the conditions prescribed under copyright law applicable to you (for example the Australian Copyright Act 1968 (Cth) or similar legislation which applies in your location), or except as expressly authorised by these General Conditions, you may not in any form or by any means: -adapt, reproduce, communicate, store, distribute, print, display, perform, publish or create derivative works from any part of this Site; or -commercialise any information, products or services obtained from any part of this Site. -Reproducing resources in hard copy: Where copyright legislation in a location includes a remunerated scheme to permit educational institutions to photocopy or print any part of the Site, we (or the owner of the copyright material) will claim remuneration under that scheme where such resources (for example, but without limitation, our worksheets, workbooks or other resources that can be used in hardcopy format) are printed or photocopied by, or on behalf of, educational institutions (e.g. by teachers for use in the classroom or by students or where teachers direct students to print or photocopy worksheets for use by students at school). This may lead to an increase in the fees for educational institutions to participate in the relevant scheme. -Individual Licences (“Home Subscriptions”) -Access to, and use of, 3P Learning resources is subject to our terms of use and privacy policy. -Home subscription licenses are for individual, non-commercial purposes. Each license provides access to the relevant resource for a nominated student. -Term of Subscription and Renewal:  - Home subscriptions are provided on an auto-renewing basis to ensure continued access to and use of the relevant resources. Home subscriptions have a one (1), or 12 month minimum initial term that automatically renews for consecutive periods of the same length (each a renewal term) unless notice of cancellation is provided prior to the expiry of the initial term or any renewal term. We will automatically charge your nominated account using the payment method on file for each renewal term. We do not provide refunds to users who cancel part way through the initial term or any renewal term of a subscription (subject to our returns/refunds policy below). You can manage and make changes to your subscription by logging into your account. -Pricing: -  Fees and charges for your home subscription are detailed at the point of purchase. For each renewal term your payment details will be automatically charged the then current fees for the licence type you have selected, continuing on a recurring basis until you cancel your subscription. Promotional pricing, discounts and free trials only apply for the period specified and will commence on the purchase date unless otherwise agreed. At the end of the promotional period, your fees will revert to the then current fees for the licence type you have selected. All taxes are detailed in the tax invoice provided to the customer. -Delivery of products and services: -  Access to web-delivered services is provided immediately upon processing of payment. -Product access and use: -  Users are responsible for their own costs associated with accessing the product, e.g. internet usage charges, data costs and computer / smartphone equipment costs. It is the responsibility of the user to ensure their device and internet access is sufficient to access the relevant product. -Parents are able to change the year level/grade level of their child’s course up to six times a year. -Customer Service / Refunds Policy: - All goods/services supplied will be in good working order. All faulty goods will be exchanged for a working version at no additional cost to the client or the purchase price will be refunded. For Mathletics home subscriptions we offer a no-questions-asked 10 day money back guarantee, commencing on the day of purchase of the initial subscription term. No refunds will be offered after this time except in the event the goods/services are faulty and cannot be repaired or replaced, or otherwise in accordance with applicable statutory consumer protection laws. -Consumer Purchasing Information Policy: -  All payments are completed using PCI compliant payment gateways, over a secure internet connection using strong cryptography and security protocols. Digital certificates are used to maximise security when receiving payment information. Purchasing information provided from online transactions is used for cart tracking, subscription billing, subscription management and accounting purposes only. + + * Copyright in this Site (including without limitation all content, + text, graphics, logos, icons, sound recordings, video, software and + downloadable / printable files, worksheets, workbooks and + resources) is owned or licensed by us. + * Other than for the purposes of, and subject to the conditions + prescribed under copyright law applicable to you (for example the + Australian Copyright Act 1968 (Cth) or similar legislation which + applies in your location), or except as expressly authorised by + these General Conditions, you may not in any form or by any means: + + adapt, reproduce, communicate, store, distribute, print, + display, perform, publish or create derivative works from any + part of this Site; or + + commercialise any information, products or services obtained + from any part of this Site. + * Reproducing resources in hard copy: Where copyright legislation in + a location includes a remunerated scheme to permit educational + institutions to photocopy or print any part of the Site, we (or the + owner of the copyright material) will claim remuneration under that + scheme where such resources (for example, but without limitation, + our worksheets, workbooks or other resources that can be used in + hardcopy format) are printed or photocopied by, or on behalf of, + educational institutions (e.g. by teachers for use in the classroom + or by students or where teachers direct students to print or + photocopy worksheets for use by students at school). This may lead + to an increase in the fees for educational institutions to + participate in the relevant scheme. + +Individual Licences ("Home Subscriptions") + + * Access to, and use of, 3P Learning resources is subject to our + terms of use and privacy policy. + * Home subscription licenses are for individual, non-commercial + purposes. Each license provides access to the relevant resource for + a nominated student. + * Term of Subscription and Renewal: Home subscriptions are provided + on an auto-renewing basis to ensure continued access to and use of + the relevant resources. Home subscriptions have a one (1), or 12 + month minimum initial term that automatically renews for + consecutive periods of the same length (each a renewal term) unless + notice of cancellation is provided prior to the expiry of the + initial term or any renewal term. We will automatically charge your + nominated account using the payment method on file for each renewal + term. We do not provide refunds to users who cancel part way + through the initial term or any renewal term of a subscription + (subject to our returns/refunds policy below). You can manage and + make changes to your subscription by logging into your account. + * Pricing: Fees and charges for your home subscription are detailed + at the point of purchase. For each renewal term your payment + details will be automatically charged the then current fees for the + licence type you have selected, continuing on a recurring basis + until you cancel your subscription. Promotional pricing, discounts + and free trials only apply for the period specified and will + commence on the purchase date unless otherwise agreed. At the end + of the promotional period, your fees will revert to the then + current fees for the licence type you have selected. All taxes are + detailed in the tax invoice provided to the customer. + * Delivery of products and services: Access to web-delivered services + is provided immediately upon processing of payment. + * Product access and use: Users are responsible for their own costs + associated with accessing the product, e.g. internet usage charges, + data costs and computer / smartphone equipment costs. It is the + responsibility of the user to ensure their device and internet + access is sufficient to access the relevant product. + * Parents are able to change the year level/grade level of their + child's course up to six times a year. + * Customer Service / Refunds Policy: All goods/services supplied will + be in good working order. All faulty goods will be exchanged for a + working version at no additional cost to the client or the purchase + price will be refunded. For Mathletics home subscriptions we offer + a no-questions-asked 10 day money back guarantee, commencing on the + day of purchase of the initial subscription term. No refunds will + be offered after this time except in the event the goods/services + are faulty and cannot be repaired or replaced, or otherwise in + accordance with applicable statutory consumer protection laws. + * Consumer Purchasing Information Policy: All payments are completed + using PCI compliant payment gateways, over a secure internet + connection using strong cryptography and security protocols. + Digital certificates are used to maximise security when receiving + payment information. Purchasing information provided from online + transactions is used for cart tracking, subscription billing, + subscription management and accounting purposes only. + School Subscriptions -For our school / educational institution customers (School Customers) that purchase licenses on behalf of students and teachers, we enter into additional, specific terms at the time of purchase (Purchase Terms). Access by the School Customer and its teachers and students is governed by these Purchase Terms in addition to our General Conditions. + + * For our school / educational institution customers (School + Customers) that purchase licenses on behalf of students and + teachers, we enter into additional, specific terms at the time of + purchase (Purchase Terms). Access by the School Customer and its + teachers and students is governed by these Purchase Terms in + addition to our General Conditions. + Disclaimer and Limitation of Liability -Although we have no reason to believe that any information contained in this Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of the information except where warranties are made non-excludable by applicable legislation. -We do not accept responsibility for loss suffered as a result of your reliance on the accuracy or currency of information contained in this Site except where such liability is made non-excludable by applicable legislation. We and our directors, officers, agents, employees and contractors do not guarantee or warrant the Site will be uninterrupted, without delay, error-free, omission-free or free of viruses. The Content is provided “as is” without warranties of any kind, express or implied, including as to accuracy, timeliness and completeness except where warranties are made non-excludable by applicable legislation. -Neither we nor our directors, officers, agents, employees or contractors will be liable for any loss or damage, however arising (whether in negligence or otherwise), in connection with your Access, the Content or any omissions from the Content, except where liability is made non-excludable by applicable legislation. + + * Although we have no reason to believe that any information + contained in this Site is inaccurate, we do not warrant the + accuracy, adequacy or completeness of the information except where + warranties are made non-excludable by applicable legislation. + * We do not accept responsibility for loss suffered as a result of + your reliance on the accuracy or currency of information contained + in this Siteexcept where such liability is made non-excludable by + applicable legislation. We and our directors, officers, agents, + employees and contractors do not guarantee or warrant the Site will + be uninterrupted, without delay, error-free, omission-free or free + of viruses. The Content is provided "as is" without warranties of + any kind, express or implied, including as to accuracy, timeliness + and completeness except where warranties are made non-excludable by + applicable legislation. + * Neither we nor our directors, officers, agents, employees or + contractors will be liable for any loss or damage, however arising + (whether in negligence or otherwise), in connection with your + Access, the Content or any omissions from the Content, except where + liability is made non-excludable by applicable legislation. + Indemnity -You agree to indemnify us and our directors, officers, agents, employees and contractors and keep us and all of them indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any breach by you of the General Conditions, or reliance by you on any information obtained through the Site or your Access to the Site. + + * You agree to indemnify us and our directors, officers, agents, + employees and contractors and keep us and all of them indemnified, + against all loss, actions, proceedings, costs, expenses (including + legal fees), claims and damages arising from any breach by you of + the General Conditions, or reliance by you on any information + obtained through the Site or your Access to the Site. + Trade Marks -Except where otherwise specified, any word or device to which the TM or ® symbol is attached, is a trademark in which we claim proprietary rights. We also assert all our trademark rights under the common law or otherwise. If you use any of our trademarks in reference to our activities, products or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks: -in or as the whole or part of your own trade marks; -in connection with activities, products or services which are not ours; -in a manner which may be confusing, misleading or deceptive; -in a manner that disparages us or our information, products or services (including this Site). + + Except where otherwise specified, any word or device to which the TM or + symbol is attached, is a trademark in which we claim proprietary + rights. We also assert all our trademark rights under the common law or + otherwise. If you use any of our trademarks in reference to our + activities, products or services, you must include a statement + attributing that trademark to us. You must not use any of our + trademarks: + * in or as the whole or part of your own trade marks; + * in connection with activities, products or services which are not + ours; + * in a manner which may be confusing, misleading or deceptive; + * in a manner that disparages us or our information, products or + services (including this Site). + Termination -We may terminate access to this Site at any time without notice. The General Conditions will nevertheless survive any such termination. + + We may terminate access to this Site at any time without notice. The + General Conditions will nevertheless survive any such termination. + Links to Other Websites and Third Party Tools -The Site may contain links to third party sites (Linked Sites). Linked Sites are not under our control and we are not responsible for the content of any. We provide these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the Linked Site by us or by our directors, officers, agents, employees and contractors. You link to any Linked Site or subsequent site entirely at your own risk. -Neither we nor our directors, officers, agents, employees and contractors give any representation or warranty as to the reliability, accuracy or completeness of any Linked Sites or subsequent sites, nor do they or we accept any responsibility arising in any way for errors in, or omissions from any Linked Sites or subsequent sites. -Certain aspects of our Sites can be used in connection with third party software, applications, products and platforms (“Third Party Tools”) and may be subject to additional terms of use between you and the applicable Third Party Tool provider(s). + + * The Site may contain links to third party sites (Linked Sites). + Linked Sites are not under our control and we are not responsible + for the content of any. We provide these hyperlinks to you as + convenience only, and the inclusion of any link does not imply any + endorsement of the Linked Site by us or by our directors, officers, + agents, employees and contractors. You link to any Linked Site or + subsequent site entirely at your own risk. + * Neither we nor our directors, officers, agents, employees and + contractors give any representation or warranty as to the + reliability, accuracy or completeness of any Linked Sites or + subsequent sites, nor do they or we accept any responsibility + arising in any way for errors in, or omissions from any Linked + Sites or subsequent sites. + * Certain aspects of our Sites can be used in connection with third + party software, applications, products and platforms ("Third Party + Tools") and may be subject to additional terms of use between you + and the applicable Third Party Tool provider(s). + General -We do not accept any liability for any failure to comply with the General Conditions where the failure is due to circumstances beyond our reasonable control. -Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstances or similar circumstances. -However, if we expressly waive any rights available to us under these General Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion. -If any of the General Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force. + + * We do not accept any liability for any failure to comply with the + General Conditions where the failure is due to circumstances beyond + our reasonable control. + * Our failure to act in a particular circumstance does not waive our + ability to act with respect to that circumstances or similar + circumstances. + * However, if we expressly waive any rights available to us under + these General Conditions on one occasion, this does not mean that + those rights will automatically be waived on any other occasion. + * If any of the General Conditions are held to be invalid, + unenforceable or illegal for any reason, the remaining terms and + conditions will nevertheless continue in full force. + Cookies -For information about the cookies we use, please refer to our  -cookies page -. + + For information about the cookies we use, please refer to our cookies + page. + Challenges and Competitions -From time to time, we host or operate challenges and competitions within the Site, which may be supported by third party sponsors. Challenges are designed to encourage school and student participation in a fun and engaging online learning event. We are thrilled that so many students from around the world are participating in the variety of events we support, and encourage you all to continue to join in. These General Conditions, including the   -3P Learning Privacy Policy -, govern challenges and competitions, in addition to any other terms and conditions in place specifically for the relevant challenge or competition. -The Hall of Fame or leaderboard for a challenge or competition does not determine the final result. After the event, we will verify all results. We have the right, at our complete discretion, to determine the final positions of all participants and the winners of all categories. -Participants who do not comply with these General Conditions, may be removed from the Hall of Fame or disqualified from the competition at any time, and we will use our complete discretion as to whether or not removal or disqualification occurs. -Students, classes and schools may be required by us to provide proof of age and to sign a declaration that they individually and collectively participated without assistance from any other person, software, hardware or device. -Any students, classes or schools intentionally misusing the Site be disqualified or removed from the Hall of Fame of the competition or challenge at any time. Examples of misuse include but are not limited to computer hacking of the Site, posting fraudulent results, using computer scripts to improve responses, scores or otherwise. -We may, at our complete discretion, remove from competition any students, classes and schools not participating in courses or on content appropriate for their age. Prizes advertised for a challenge or competition may be substituted, for something of equivalent value, as determined by us or the prize provider at our complete discretion. + + From time to time, we host or operate challenges and competitions + within the Site, which may be supported by third party sponsors. + Challenges are designed to encourage school and student participation + in a fun and engaging online learning event. We are thrilled that so + many students from around the world are participating in the variety of + events we support, and encourage you all to continue to join in. These + General Conditions, including the 3P Learning Privacy Policy, govern + challenges and competitions, in addition to any other terms and + conditions in place specifically for the relevant challenge or + competition. + + The Hall of Fame or leaderboard for a challenge or competition does not + determine the final result. After the event, we will verify all + results. We have the right, at our complete discretion, to determine + the final positions of all participants and the winners of all + categories. + * Participants who do not comply with these General Conditions, may + be removed from the Hall of Fame or disqualified from the + competition at any time, and we will use our complete discretion as + to whether or not removal or disqualification occurs. + * Students, classes and schools may be required by us to provide + proof of age and to sign a declaration that they individually and + collectively participated without assistance from any other person, + software, hardware or device. + * Any students, classes or schools intentionally misusing the Site be + disqualified or removed from the Hall of Fame of the competition or + challenge at any time. Examples of misuse include but are not + limited to computer hacking of the Site, posting fraudulent + results, using computer scripts to improve responses, scores or + otherwise. + * We may, at our complete discretion, remove from competition any + students, classes and schools not participating in courses or on + content appropriate for their age. Prizes advertised for a + challenge or competition may be substituted, for something of + equivalent value, as determined by us or the prize provider at our + complete discretion. + Governing Law -The laws in force in New South Wales, Australia, govern these General Conditions. You agree to submit to the exclusive jurisdiction of the courts in New South Wales, Australia. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these General Conditions is taking place or originating. - - -Skip to + + The laws in force in New South Wales, Australia, govern these General + Conditions. You agree to submit to the exclusive jurisdiction of the + courts in New South Wales, Australia. However, we retain the right to + bring legal proceedings in any jurisdiction where we believe that + infringement of these General Conditions is taking place or + originating. + + Skip to diff --git a/acer_privacy.txt b/acer_privacy.txt index 3a699fc..4221cc0 100644 --- a/acer_privacy.txt +++ b/acer_privacy.txt @@ -3,111 +3,283 @@ URL: https://www.acer.org/privacy Privacy Policies and Legal Disclaimers + ACER and your personal information -This is our Privacy Policy which sets out under the Australian Privacy Act 1988: -What personal information The Australian Council for Educational Research Ltd (collectively, ACER, we, our or us) collect about you; -how we collect your personal information, how we hold it, how we use it and who we disclose it to; -what information we may collect from you when you use our website or an ACER product or service; and -how you may access and seek correction of your personal information or complain about a breach of your privacy.  -Where the General Data Protection Regulation 2016/679 (implemented within the United Kingdom by its Data Protection Act 2018) (GDPR) is applicable to any personal information collected by us the following notice -https://www.acer.org/gb/privacy-policy - sets out our obligations and your rights. -This Privacy Policy may be amended from time to time if our practices change. -On our website, you may find links to other websites not operated by us.  This Privacy Policy does not apply to them – always check the Privacy Policy of any other website you enter. -You can navigate separate sections of this Privacy Policy through the links below. -1.  - What kinds of personal information do we collect and how? -2.  - What is our approach to collecting personal information about children? -3.  - When do we collect your personal information? -4.  - Why do we collect the information and how do we use or disclose it? -5.  - Can you choose to remain anonymous? -6.  - How can you request not to receive direct marketing? -7.  - Who do we disclose your personal information to? -8.  - Do we disclose your information overseas? -9.  - How do we hold your personal information and keep it secure? -10.  - How can you seek access to, and correction of your information? -11.  - How can you seek further information or complain about a breach of your privacy? + + This is our Privacy Policy which sets out under the Australian Privacy + Act 1988: + * What personal information The Australian Council for Educational + Research Ltd (collectively, ACER, we, our or us) collect about you; + * how we collect your personal information, how we hold it, how we + use it and who we disclose it to; + * what information we may collect from you when you use our website + or an ACER product or service; and + * how you may access and seek correction of your personal information + or complain about a breach of your privacy. + + Where the General Data Protection Regulation 2016/679 (implemented + within the United Kingdom by its Data Protection Act 2018) (GDPR) is + applicable to any personal information collected by us the following + notice https://www.acer.org/gb/privacy-policy sets out our obligations + and your rights. + + This Privacy Policy may be amended from time to time if our practices + change. + + On our website, you may find links to other websites not operated by + us. This Privacy Policy does not apply to them - always check the + Privacy Policy of any other website you enter. + + You can navigate separate sections of this Privacy Policy through the + links below. + + 1. What kinds of personal information do we collect and how? + + 2. What is our approach to collecting personal information about + children? + + 3. When do we collect your personal information? + + 4. Why do we collect the information and how do we use or disclose it? + + 5. Can you choose to remain anonymous? + + 6. How can you request not to receive direct marketing? + + 7. Who do we disclose your personal information to? + + 8. Do we disclose your information overseas? + + 9. How do we hold your personal information and keep it secure? + + 10. How can you seek access to, and correction of your information? + + 11. How can you seek further information or complain about a breach of + your privacy? + What kinds of personal information do we collect and how? -The personal information we collect depends on your relationship with us – whether you are a client, a candidate or a prospective employee – and the product or service we are delivering.  It may include: -your contact details, photograph and personal preferences (such as name, address, email address, phone number and dietary requirements); -your website registration and login information; -your payment details (such as credit card details); -your employment history and qualifications; -government-related identifiers and information (such as student number, working with children details and police checks); and -your testimonials, feedback and complaints. -Sometimes we may also collect sensitive information about you.  This may happen, for example, through surveys we conduct or when you sit tests, and may include your race and religious beliefs and your health information (such as whether you have any disability or medical condition and require special testing accommodations).  We will only collect sensitive information from you or about you with your consent unless otherwise required or authorised by law. -By supplying sensitive information about yourself or on behalf of your child, you will be taken to have given your consent to our collection of that information.  When we obtain such information from a third party (such as through a school or institution at which you or your child studies), we will usually enlist that third party to obtain consent from you if that is required. + + The personal information we collect depends on your relationship with + us - whether you are a client, a candidate or a prospective employee - + and the product or service we are delivering. It may include: + * your contact details, photograph and personal preferences (such as + name, address, email address, phone number and dietary + requirements); + * your website registration and login information; + * your payment details (such as credit card details); + * your employment history and qualifications; + * government-related identifiers and information (such as student + number, working with children details and police checks); and + * your testimonials, feedback and complaints. + + Sometimes we may also collect sensitive information about you. This + may happen, for example, through surveys we conduct or when you sit + tests, and may include your race and religious beliefs and your health + information (such as whether you have any disability or medical + condition and require special testing accommodations). We will only + collect sensitive information from you or about you with your consent + unless otherwise required or authorised by law. + + By supplying sensitive information about yourself or on behalf of your + child, you will be taken to have given your consent to our collection + of that information. When we obtain such information from a third + party (such as through a school or institution at which you or your + child studies), we will usually enlist that third party to obtain + consent from you if that is required. + What is our approach to collecting personal information about children? -We collect information about children who, for example, sit assessments at schools to whom we provide our services, participate in our surveys or participate in other research projects.  Whether a child has the capacity to make his or her own privacy decisions is assessed by us on a case by case basis, having regard to factors such as their age and circumstances.  In general, a person over 15 years will have the capacity to make his or her own privacy decisions. -For children who are under 15 years old, or who otherwise do not have capacity to make these decisions for themselves, or where we cannot make an assessment of their capacity, ACER will refer or deal with requests for access, consent and notices in relation to personal information to the parent and/or guardian or relevant school or institution.  We will treat consent given by a parent and/or guardian as consent given on behalf of the child, and notices to the relevant school or other institution or parent and/or guardian will act as notice given to the child. + + We collect information about children who, for example, sit assessments + at schools to whom we provide our services, participate in our surveys + or participate in other research projects. Whether a child has the + capacity to make his or her own privacy decisions is assessed by us on + a case by case basis, having regard to factors such as their age and + circumstances. In general, a person over 15 years will have the + capacity to make his or her own privacy decisions. + + For children who are under 15 years old, or who otherwise do not have + capacity to make these decisions for themselves, or where we cannot + make an assessment of their capacity, ACER will refer or deal with + requests for access, consent and notices in relation to personal + information to the parent and/or guardian or relevant school or + institution. We will treat consent given by a parent and/or guardian + as consent given on behalf of the child, and notices to the relevant + school or other institution or parent and/or guardian will act as + notice given to the child. + When do we collect your personal information? -We may collect your personal information when you contact us, purchase or use our products or services (including when you sit a test or participate in a survey or other research), register with us online, participate in our online discussion boards or enter our competitions, contribute to one of our social media pages (such as Twitter, LinkedIn, Vimeo and Facebook), attend an ACER event, apply for a job with us, provide services to us or make a donation through the ACER Foundation. -Given the nature of our products and services, we often collect personal information about you from third parties, such as the school or educational institution that you (or your child) attends.  We may also collect information through secure web based application systems if you do certain assessments, and from other third parties where you have agreed with them that your information may be disclosed. + + We may collect your personal information when you contact us, purchase + or use our products or services (including when you sit a test or + participate in a survey or other research), register with us online, + participate in our online discussion boards or enter our competitions, + contribute to one of our social media pages (such as Twitter, LinkedIn, + Vimeo and Facebook), attend an ACER event, apply for a job with us, + provide services to us or make a donation through the ACER Foundation. + + Given the nature of our products and services, we often collect + personal information about you from third parties, such as the school + or educational institution that you (or your child) attends. We may + also collect information through secure web based application systems + if you do certain assessments, and from other third parties where you + have agreed with them that your information may be disclosed. + Why do we collect the information and how do we use or disclose it? -We collect, hold, use and disclose your personal information: -to deliver our educational research and learning products and services (including our consultancy services and professional development programs, such as testing, assessments and training); -to publish educational material; -to conduct our retail activities (including through our website); -to operate and manage the ACER Foundation and ACER Cunningham Library; -to develop and enhance our products and services; -to conduct research and plan and develop our product strategies; -to provide and operate our competitions, events and promotions; -to market and promote our products and services; and -to comply with our legal obligations. + + We collect, hold, use and disclose your personal information: + * to deliver our educational research and learning products and + services (including our consultancy services and professional + development programs, such as testing, assessments and training); + * to publish educational material; + * to conduct our retail activities (including through our website); + * to operate and manage the ACER Foundation and ACER Cunningham + Library; + * to develop and enhance our products and services; + * to conduct research and plan and develop our product strategies; + * to provide and operate our competitions, events and promotions; + * to market and promote our products and services; and + * to comply with our legal obligations. + Can you choose to remain anonymous? -You may elect not to identify yourself or you may use a pseudonym in your dealings with us, except where it is impracticable for us to deal with you on this basis (for example, we will need to identify you in order to provide most of our products and services).  You can always choose not to give us your information or remain anonymous, but if you do we may not be able to provide you (or our client) with the products and services that you (or they) have asked for. + + You may elect not to identify yourself or you may use a pseudonym in + your dealings with us, except where it is impracticable for us to deal + with you on this basis (for example, we will need to identify you in + order to provide most of our products and services). You can always + choose not to give us your information or remain anonymous, but if you + do we may not be able to provide you (or our client) with the products + and services that you (or they) have asked for. + How can you request not to receive direct marketing? -You may ask us at any time to stop sending you direct marketing information or to stop being contacted by or on our behalf, in a particular way or at all.  You can do this by calling us on  +61 3 9277 5555 or -by contacting us via our website -. + + You may ask us at any time to stop sending you direct marketing + information or to stop being contacted by or on our behalf, in a + particular way or at all. You can do this by calling us on +61 3 9277 + 5555 or by contacting us via our website. + Who do we disclose your personal information to? -We may disclose your personal information (including, in certain limited circumstances, your sensitive information): -to schools, educational institutions, psychologists, HR practitioners and other third parties who have contracted with us for the provision of our products and services.  For example, if you are a candidate for an ACER scholarship test, we will supply your test results to those schools to which you have applied for a scholarship; -to entities who assist us in providing and administering our products and services and our events and promotions (including hosting, data storage, payment systems, printing and scanning providers and debt collectors);  -to companies that promote and market, or conduct research to help us improve and target, our products and services; -to social media sites on which we have a presence; -where we are required to do so by law, or to government agencies, or individuals appointed by government, responsible for investigating and resolving disputes or complaints concerning our products or services. -When you enter into a competition we are running or participate in a sponsored event, we may seek, as a condition of entry, consent to pass your information to a promoter or sponsor of the competition or event.  If we do this, we will notify you at the time of entering into the competition or event with us. + + We may disclose your personal information (including, in certain + limited circumstances, your sensitive information): + * to schools, educational institutions, psychologists, HR + practitioners and other third parties who have contracted with us + for the provision of our products and services. For example, if + you are a candidate for an ACER scholarship test, we will supply + your test results to those schools to which you have applied for a + scholarship; + * to entities who assist us in providing and administering our + products and services and our events and promotions (including + hosting, data storage, payment systems, printing and scanning + providers and debt collectors); + * to companies that promote and market, or conduct research to help + us improve and target, our products and services; + * to social media sites on which we have a presence; + * where we are required to do so by law, or to government agencies, + or individuals appointed by government, responsible for + investigating and resolving disputes or complaints concerning our + products or services. + + When you enter into a competition we are running or participate in a + sponsored event, we may seek, as a condition of entry, consent to pass + your information to a promoter or sponsor of the competition or event. + If we do this, we will notify you at the time of entering into the + competition or event with us. + Do we disclose your information overseas? -We may disclose your personal information: -to our related bodies corporate located overseas (including in India and the UK) to assist us in delivering our products and services; and -to overseas educational institutions (including schools and universities) and other organisations or bodies (including government agencies) who are our clients and to whom we need to provide your personal information in order to deliver our products and services. + + We may disclose your personal information: + * to our related bodies corporate located overseas (including in + India and the UK) to assist us in delivering our products and + services; and + * to overseas educational institutions (including schools and + universities) and other organisations or bodies (including + government agencies) who are our clients and to whom we need to + provide your personal information in order to deliver our products + and services. + How do we hold your personal information and keep it secure? -We hold your personal information in a combination of electronic and hard copy files.  We may store your personal information with one or more third party data storage providers.  -We may combine personal information we receive about you with other information we hold about you.  This includes information received from third parties.  Where reasonably practicable, we will de-identify personal information we collect from studies we carry out as part of our research activities.  -We take all reasonable steps to ensure that the personal information we hold is protected from misuse, interference and loss, and unauthorised access, modification or disclosure by the use of various methods, including password protection and secure storage.  Where we store your personal information with a third party data storage provider, we require them to keep it secure and only use or disclose it for the purpose for which it was provided. -Please contact us immediately if you become aware or have reason to believe there has been any unauthorised use of your personal information that we hold. + + We hold your personal information in a combination of electronic and + hard copy files. We may store your personal information with one or + more third party data storage providers. + + We may combine personal information we receive about you with other + information we hold about you. This includes information received from + third parties. Where reasonably practicable, we will de-identify + personal information we collect from studies we carry out as part of + our research activities. + + We take all reasonable steps to ensure that the personal information we + hold is protected from misuse, interference and loss, and unauthorised + access, modification or disclosure by the use of various methods, + including password protection and secure storage. Where we store your + personal information with a third party data storage provider, we + require them to keep it secure and only use or disclose it for the + purpose for which it was provided. + + Please contact us immediately if you become aware or have reason to + believe there has been any unauthorised use of your personal + information that we hold. + How can you seek access to, and correction of your information? -You may request access to your personal information by writing to us or contacting us at any time at the details below.  We will need to verify your identity before we can give you access.  We will promptly acknowledge receipt, and we will endeavour to deal with and respond to your request within a reasonable time (usually within two weeks).  -In certain circumstances, we are permitted by law to refuse access to your personal information (such as where providing access would have an unreasonable impact upon the privacy of other individuals, or would reveal our test scoring processes or other commercially sensitive information).  -In such cases, we will give you a written explanation for our decision (including, where applicable, an alternative means of access to the information, such as supervised inspection), and how you can complain if you are not satisfied with our decision. -You will not be charged for making a request for your personal information.  However, we may charge a fee to provide your information to cover administrative costs (including for supervised inspection).  We will inform you of any fee at the time your request is made. -If you think that any personal information we hold about you is inaccurate, incomplete, out-of-date or irrelevant, you may ask us to correct it.  We will take reasonable steps to correct it unless we disagree with your reasons.  If we refuse to correct your personal information we will give you a written explanation why. -How can you seek further information or complain about a breach of your privacy? -If you have any questions about this Privacy Policy or consider that we have breached your privacy, you can contact us at: -The Manager Legal and Corporate Services -The Australian Council for Educational Research Limited -19 Prospect Hill Road -Camberwell  Victoria  3124 -Australia -Email:  -david.noga@acer.edu.au -  -Telephone: +61 3 9277 5555 -We will investigate any complaint, and notify you of our decision in relation to the complaint, as soon as practicable after it is received.   -If we are unable to satisfactorily resolve your concerns about our handling of your personal information, you can contact the Office of the Australian Information Commissioner: -GPO Box 5218 -Sydney NSW 2001 -Tel: 1300 363 992 -www.oaic.gov.au + + You may request access to your personal information by writing to us or + contacting us at any time at the details below. We will need to verify + your identity before we can give you access. We will promptly + acknowledge receipt, and we will endeavour to deal with and respond to + your request within a reasonable time (usually within two weeks). + + In certain circumstances, we are permitted by law to refuse access to + your personal information (such as where providing access would have an + unreasonable impact upon the privacy of other individuals, or would + reveal our test scoring processes or other commercially sensitive + information). + + In such cases, we will give you a written explanation for our decision + (including, where applicable, an alternative means of access to the + information, such as supervised inspection), and how you can complain + if you are not satisfied with our decision. + + You will not be charged for making a request for your personal + information. However, we may charge a fee to provide your information + to cover administrative costs (including for supervised inspection). + We will inform you of any fee at the time your request is made. + + If you think that any personal information we hold about you is + inaccurate, incomplete, out-of-date or irrelevant, you may ask us to + correct it. We will take reasonable steps to correct it unless we + disagree with your reasons. If we refuse to correct your personal + information we will give you a written explanation why. + +How can you seek further information or complain about a breach of your +privacy? + + If you have any questions about this Privacy Policy or consider that we + have breached your privacy, you can contact us at: + + The Manager Legal and Corporate Services + The Australian Council for Educational Research Limited + 19 Prospect Hill Road + Camberwell Victoria 3124 + + Australia + Email: david.noga@acer.edu.au + + Telephone: +61 3 9277 5555 + + We will investigate any complaint, and notify you of our decision in + relation to the complaint, as soon as practicable after it is received. + + If we are unable to satisfactorily resolve your concerns about our + handling of your personal information, you can contact the Office of + the Australian Information Commissioner: + + GPO Box 5218 + + Sydney NSW 2001 + + Tel: 1300 363 992 + + www.oaic.gov.au + Contact us diff --git a/acer_tos.txt b/acer_tos.txt index 3b67078..3acb03c 100644 --- a/acer_tos.txt +++ b/acer_tos.txt @@ -2,131 +2,430 @@ SITE: acer_tos URL: https://www.acer.org/online-terms-of-use -Legal agreement -These terms and conditions (which constitute a legal agreement) apply to the use of any ACER website including: -the use of the information services offered on such web sites; and -participation in any ACER instigated discussion forums. -By continuing to use any ACER website or participating in any ACER instigated discussion forums, YOU AGREE TO: -BE BOUND by: -these terms and conditions; -any terms and condition specific to any particular ACER website or ACER instigated discussion forum; and -ACER reserving the right to change or amend these terms and conditions from time to time and that you will update yourself by re-familiarising with these terms and conditions upon each access. Your continued use of ACER websites or ACER instigated discussion forum signifies your agreement to any amended terms and conditions. -Should you NOT ACCEPT these terms and conditions, you MUST refrain from using this web site and discussion forum. -FURTHER, YOU AGREE -, in respect of ACER Information services and online communities: -that all information provided by ACER through its websites and online communities is provided: -under these terms and conditions; and -in good faith. -ACER: -derives all information provided by ACER through its websites and online communities from sources which it believes to be accurate and up to date as at the date of publication; -RESERVES the right to update this information at any time: -DOES NOT make any REPRESENTATIONS or WARRANTIES that: -the information provided by ACER through its websites and online communities is reliable, accurate or complete; or -that your access to that information will be uninterrupted, timely or secure; -IS NOT LIABLE for any loss resulting from any action taken or reliance made by you on any information or material posted by ACER. You should make your own inquiries and seek independent advice from relevant industry professionals before -acting or relying on any information or material which is made available to you pursuant to our information service; -to use ACER’s information services and online communities for lawful purposes only; -that any information or material submitted by you to any online community is and will be treated by ACER as non-confidential and non-proprietary and ACER may use such material without restriction; -when you submit material to any online community, YOU ASSIGN all copyright which subsists in such material to ACER without having to do anything further. If such copyright is not capable of assignment YOU GRANT ACER a royalty free, non-exclusive, perpetual, irrevocable worldwide licence (with the right to sublicence) to use, modify, alter, reproduce, broadcast and exploit such non-assignable copyright, the materials you submit and the intellectual property in the materials you submit for any purpose ACER determines; -you will not post or transmit any material in which the copyright is owned by another person or entity and you warrant that all material posted is your original work and not sourced from any third party; -YOU WARRANT you have: -full right title and interest in any material you post on ACER websites or online communities to so use and publish the same; and -obtained all necessary permissions and licenses in any third party material contained in the material you post on ACER websites or online communities; -you will not post or transmit any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethically objectionable; -you will treat other users of ACER online communities with respect; -ACER has ultimate control of all its websites and online communities and ACER in its sole discretion may edit, remove or decide to not publish any material you contribute, or block or close your access, particularly if it is of the opinion that the any material you post is: -defamatory, or otherwise unlawful or that it violates laws regarding harassment, discrimination, racial vilification, privacy or contempt; -false or deceptive; -an infringement of intellectual property rights including copyright; -abusive, offensive or obscene; -inappropriate, off topic, repetitive or vexatious. ACER reserves the right to reject contributions that have been widely canvassed in the online community. It also reserves the right to reject contributions from participants who seek to dominate the discussion; -compromising the privacy of any person or containing inappropriate personal information; -seeking to endorse commercial products or services; -seeking to directly solicit donations; -deliberate provocation of other community members; or -impersonating someone else and/or posting on behalf of a person previously prohibited from access. -you will not disrupt the flow of dialogue or otherwise act in a manner which negatively affects other members; -you will not impersonate any other person; -you will provide current, accurate and up-to-date information about yourself as required under these terms and conditions; -you will not post or transmit any unsolicited advertising or promotional materials; -any material which you post may be removed by ACER from the online community without notice at any time; -you will not post any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware; -that any material or information provided by you may be posted in the online community for any other members or guests to read; -when accessing or participating in ACER instigated online communities on third party platforms to comply with any terms and conditions of such third party platforms; -to understand the privacy settings on any platform you access and choose appropriate options to protect your personal information and content; -ACER does not accept any liability for the accuracy or content of any material posted by other members of the online community. ACER is not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by another member; -ACER does not accept any responsibility or liability for any information or material which you submit to the online community, nor does ACER accept any responsibility for any use or misuse which you or any other members or guests make of information or material which you submit to the online community; -ACER does not warrant that it will respond to questions or comments submitted by you to our online communities; -if you download any material from the online community, you acknowledge that ACER is not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material. You may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any downloaded material. In addition, you may not commercialise any information, products or services from the downloaded material. -Disclaimer -YOU ACKNOWLEDGE that ACER DOES NOT ACCEPT RESPONSIBILITY for: -any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of ACER web sites, any linked web site or online community; nor -or any loss arising out of your use of or reliance on information contained on or accessed through ACER web sites or online communities; -that, to the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits ACER from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but ACER’s liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again; -Exception to disclaimer -this disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded; -Copyright -copyright in ACER websites and online communities (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by ACER. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions or with the prior written permission of ACER and in the case of third party material, that of the copyright owner, YOU MAY NOT in any form or by any means: -adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of ACER web sites; or -commercialise any information, products or services obtained from any part of ACER web sites; -Trade marks -except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark; -if you use any of ACER’s trade marks in reference to ACER’s activities, products or services, you must include a statement attributing that trade mark to ACER. You must not use any of our trade marks: -in or as the whole or part of your own trade marks; -in connection with activities, products or services which are not ACER’s; -in a manner which may be confusing, misleading or deceptive; -in a manner that disparages ACER or its information, products or services (including any ACER web site); -not to remove, obscure or alter any ACER business names, acronyms, trademarks, logos, copyright notices on any content you access and use or use such in any way that implies the endorsement of ACER; -Restricted use -unless ACER agrees otherwise in writing, you are provided with access to this web site only for your personal use. You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this web site or publish such information digitally or otherwise; -Linked web sites -any ACER web site or online community may contain links to other web sites ( "linked web sites" ). Those links are provided for convenience only and may not remain current or be maintained. -ACER IS NOT RESPONSIBLE for the content or privacy practices associated with linked web sites. -ACER links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary; -Privacy -ACER may collect web site visitors' contact information (like their e-mail addresses). Unless you object, this information may be used: -to send news, information about ACER activities and general promotional material which ACER believes may be useful to you; -to monitor who is accessing the web site or using services offered on the web site; and -to profile people accessing the web site; -if you do not wish to have your personal information used in this manner or for any other specific purpose, you can contact ACER’s privacy officer using the contact details available via its privacy policy locatable on its website; -ACER utilises "cookies" which enable it to monitor traffic patterns and to serve you more efficiently if you revisit the site. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance; -ACER will not sell or otherwise provide your personal information to a third party, or make any other use of your personal information, for any purpose which is not incidental to your use of this web site. For the removal of doubt, personal information will not be used for any purpose which a reasonable person in your position would not expect; -if you request ACER not to use personal information in a particular manner or at all, ACER will adopt all reasonable measures to observe your request but ACER may still use or disclose that information if it: -subsequently notifies you of the intended use or disclosure and you do not object to that use or disclosure; -believes that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or -is required by law to disclose the information; -ACER will preserve the content of any e-mail you send us if ACER believes it has the legal requirement to do so; -your e-mail message content may be monitored by ACER for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected; -personal information which ACER collects may be aggregated for analysis but in such circumstances ACER would ensure that individuals would remain anonymous; -all personal information which ACER collects (including your contact details and, if relevant, credit card details) is kept confidential to the best of its ability. You will appreciate, however, that ACER cannot guarantee the security of transmission; -it is the responsibility of parents to monitor their children's use of our web sites and ACER instigated online communities. Nevertheless it is ACER’s policy not to require personal information from persons known to be under the age of 18 years or offer to send any promotional material to persons in that category; -you are entitled to have access to any personal information relating to you which you have previously supplied to ACER over this web site. You are entitled to edit or delete such information unless ACER is required by law to retain it; -if you wish to comment on or query our privacy policy, or if you wish to make an inquiry regarding any personal information relating to you which may be in our possession, contact us on 03 9277 5555. -Security of information -unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst ACER strives to protect such information, IT DOES NOT WARRANT and cannot ensure the security of any information which you transmit to ACER. Accordingly, any information which you transmit to ACER is transmitted at your own risk. Nevertheless, once ACER receives your transmission, ACER will take reasonable steps to preserve the security of such information; -Specific warnings -you must ensure that your access to any ACER web site or discussion forum is not illegal or prohibited by laws which apply to you; -you must take your own precautions to ensure that the process which you employ for accessing any ACER web site or discussion forum does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, ACER DOES NOT ACCEPT RESPONSIBILITY for any interference or damage to your own computer system which arises in connection with your use of ACER web sites, any linked web site or ACER online community; -while ACER has no reason to believe that any information contained on any ACER web site or online community is inaccurate, ACER DOES NOT: -WARRANT the accuracy, adequacy or completeness of such information; -UNDERTAKE to keep its web site updated; and -ACCEPT RESPONSIBILITY for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on any ACER web site or discussion forum; -you ACKNOWLEDGE that ACER may be a distributor, not a publisher, of content on its web sites. To that extent ACER editorial control is limited to the selection of materials to make available. Any opinions or advice by third parties remain the responsibility of those third parties and ACER DOES NOT guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes; -where the information made available over ACER websites or online communities contains opinions or judgments of third parties, ACER DOES NOT purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice. ACER DOES NOT accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information; + Legal agreement + + These terms and conditions (which constitute a legal agreement) apply + to the use of any ACER website including: + 1. the use of the information services offered on such web sites; and + 2. participation in any ACER instigated discussion forums. + + By continuing to use any ACER website or participating in any ACER + instigated discussion forums, YOU AGREE TO: + 1. BE BOUND by: + + these terms and conditions; + + any terms and condition specific to any particular ACER + website or ACER instigated discussion forum; and + 2. ACER reserving the right to change or amend these terms and + conditions from time to time and that you will update yourself by + re-familiarising with these terms and conditions upon each access. + Your continued use of ACER websites or ACER instigated discussion + forum signifies your agreement to any amended terms and conditions. + + Should you NOT ACCEPT these terms and conditions, you MUST refrain from + using this web site and discussion forum. + + FURTHER, YOU AGREE, in respect of ACER Information services and online + communities: + 1. that all information provided by ACER through its websites and + online communities is provided: + + 1. under these terms and conditions; and + + 2. in good faith. + + 2. ACER: + 1. derives all information provided by ACER through its websites + and online communities from sources which it believes to be + accurate and up to date as at the date of publication; + 2. RESERVES the right to update this information at any time: + 3. DOES NOT make any REPRESENTATIONS or WARRANTIES that: + 1. the information provided by ACER through its websites and + online communities is reliable, accurate or complete; or + 2. that your access to that information will be + uninterrupted, timely or secure; + 4. IS NOT LIABLE for any loss resulting from any action taken or + reliance made by you on any information or material posted by + ACER. You should make your own inquiries and seek independent + advice from relevant industry professionals before + 5. acting or relying on any information or material which is made + available to you pursuant to our information service; + + 3. to use ACER's information services and online communities for + lawful purposes only; + + 4. that any information or material submitted by you to any online + community is and will be treated by ACER as non-confidential and + non-proprietary and ACER may use such material without restriction; + + 5. when you submit material to any online community, YOU ASSIGN all + copyright which subsists in such material to ACER without having to + do anything further. If such copyright is not capable of assignment + YOU GRANT ACER a royalty free, non-exclusive, perpetual, + irrevocable worldwide licence (with the right to sublicence) to + use, modify, alter, reproduce, broadcast and exploit such + non-assignable copyright, the materials you submit and the + intellectual property in the materials you submit for any purpose + ACER determines; + + 6. you will not post or transmit any material in which the copyright + is owned by another person or entity and you warrant that all + material posted is your original work and not sourced from any + third party; + + 7. YOU WARRANT you have: + 1. full right title and interest in any material you post on ACER + websites or online communities to so use and publish the same; + and + 2. obtained all necessary permissions and licenses in any third + party material contained in the material you post on ACER + websites or online communities; + + 8. you will not post or transmit any material or information which is + offensive, defamatory, obscene, unlawful, vulgar, harmful, + threatening, abusive, harassing or ethically objectionable; + + 9. you will treat other users of ACER online communities with respect; + + 10. ACER has ultimate control of all its websites and online + communities and ACER in its sole discretion may edit, remove or + decide to not publish any material you contribute, or block or + close your access, particularly if it is of the opinion that the + any material you post is: + 1. defamatory, or otherwise unlawful or that it violates laws + regarding harassment, discrimination, racial vilification, + privacy or contempt; + 2. false or deceptive; + 3. an infringement of intellectual property rights including + copyright; + 4. abusive, offensive or obscene; + 5. inappropriate, off topic, repetitive or vexatious. ACER + reserves the right to reject contributions that have been + widely canvassed in the online community. It also reserves the + right to reject contributions from participants who seek to + dominate the discussion; + 6. compromising the privacy of any person or containing + inappropriate personal information; + 7. seeking to endorse commercial products or services; + 8. seeking to directly solicit donations; + 9. deliberate provocation of other community members; or + 10. impersonating someone else and/or posting on behalf of a + person previously prohibited from access. + + 11. you will not disrupt the flow of dialogue or otherwise act in a + manner which negatively affects other members; + + 12. you will not impersonate any other person; + + 13. you will provide current, accurate and up-to-date information about + yourself as required under these terms and conditions; + + 14. you will not post or transmit any unsolicited advertising or + promotional materials; + + 15. any material which you post may be removed by ACER from the online + community without notice at any time; + + 16. you will not post any material which contains viruses or other + computer codes, files or programs which are designed to limit or + destroy the functionality of other computer software or hardware; + + 17. that any material or information provided by you may be posted in + the online community for any other members or guests to read; + + 18. when accessing or participating in ACER instigated online + communities on third party platforms to comply with any terms and + conditions of such third party platforms; + + 19. to understand the privacy settings on any platform you access and + choose appropriate options to protect your personal information and + content; + + 20. ACER does not accept any liability for the accuracy or content of + any material posted by other members of the online community. ACER + is not liable for any loss resulting from any action taken or + reliance made by you on any information or material posted by + another member; + + 21. ACER does not accept any responsibility or liability for any + information or material which you submit to the online community, + nor does ACER accept any responsibility for any use or misuse which + you or any other members or guests make of information or material + which you submit to the online community; + + 22. ACER does not warrant that it will respond to questions or comments + submitted by you to our online communities; + + 23. if you download any material from the online community, you + acknowledge that ACER is not liable to you for any loss or damage, + however caused, arising from the downloading or subsequent use of + the downloaded material. You may not adapt, reproduce, store, + distribute, transmit, print, display, publish or create derivative + works from any downloaded material. In addition, you may not + commercialise any information, products or services from the + downloaded material. + + Disclaimer + 24. YOU ACKNOWLEDGE that ACER DOES NOT ACCEPT RESPONSIBILITY for: + 1. any loss damage, however caused (including through + negligence), which you may directly or indirectly suffer in + connection with your use of ACER web sites, any linked web + site or online community; nor + 2. or any loss arising out of your use of or reliance on + information contained on or accessed through ACER web sites or + online communities; + + 25. that, to the extent permitted by law, any condition or warranty + which would otherwise be implied into these terms and conditions is + hereby excluded. Where legislation implies any condition or + warranty, and that legislation prohibits ACER from excluding or + modifying the application of, or our liability under, any such + condition or warranty, that condition or warranty will be deemed + included but ACER's liability will be limited for a breach of that + condition or warranty to one or more of the following: (a) if the + breach relates to goods, (i) the replacement of the goods or the + supply of equivalent goods, (ii) the repair of such goods, (iii) + the payment of the cost of replacing the goods or of acquiring + equivalent goods or (iv) the payment of the cost of having the + goods repaired; and (b) if the breach relates to services, (i) the + supplying of the services again or (ii) the payment of the cost of + having the services supplied again; + + Exception to disclaimer + 26. this disclaimer set out in these terms and conditions does not + attempt or purport to exclude liability arising under statute if, + and to the extent, such liability cannot be lawfully excluded; + + Copyright + 27. copyright in ACER websites and online communities (including text, + graphics, logos, icons, sound recordings and software) is owned or + licensed by ACER. Information procured from a third party may be + the subject of copyright owned by that third party. Other than for + the purposes of, and subject to the conditions prescribed under, + the Copyright Act 1968 (Cth) and similar legislation which applies + in your location, and except as expressly authorised by these terms + and conditions or with the prior written permission of ACER and in + the case of third party material, that of the copyright owner, YOU + MAY NOT in any form or by any means: + 1. adapt, reproduce, store, distribute, print, display, perform, + publish or create derivative works from any part of ACER web + sites; or + 2. commercialise any information, products or services obtained + from any part of ACER web sites; + + Trade marks + 28. except where otherwise specified, any word or device to which is + attached the (TM) or symbol is a registered trade mark; + + 29. if you use any of ACER's trade marks in reference to ACER's + activities, products or services, you must include a statement + attributing that trade mark to ACER. You must not use any of our + trade marks: + 1. in or as the whole or part of your own trade marks; + 2. in connection with activities, products or services which are + not ACER's; + 3. in a manner which may be confusing, misleading or deceptive; + 4. in a manner that disparages ACER or its information, products + or services (including any ACER web site); + + 30. not to remove, obscure or alter any ACER business names, acronyms, + trademarks, logos, copyright notices on any content you access and + use or use such in any way that implies the endorsement of ACER; + + Restricted use + 31. unless ACER agrees otherwise in writing, you are provided with + access to this web site only for your personal use. You are + authorised to print a copy of any information contained on this web + site for your personal use, unless such printing is expressly + prohibited. Without limiting the foregoing, you may not without our + written permission on-sell information obtained from this web site + or publish such information digitally or otherwise; + + Linked web sites + 32. any ACER web site or online community may contain links to other + web sites ( "linked web sites" ). Those links are provided for + convenience only and may not remain current or be maintained. + + 33. ACER IS NOT RESPONSIBLE for the content or privacy practices + associated with linked web sites. + + 34. ACER links with linked web sites should not be construed as an + endorsement, approval or recommendation by us of the owners or + operators of those linked web sites, or of any information, + graphics, materials, products or services referred to or contained + on those linked web sites, unless and to the extent stipulated to + the contrary; + + Privacy + 35. ACER may collect web site visitors' contact information (like their + e-mail addresses). Unless you object, this information may be used: + 1. to send news, information about ACER activities and general + promotional material which ACER believes may be useful to you; + 2. to monitor who is accessing the web site or using services + offered on the web site; and + 3. to profile people accessing the web site; + + 36. if you do not wish to have your personal information used in this + manner or for any other specific purpose, you can contact ACER's + privacy officer using the contact details available via its privacy + policy locatable on its website; + + 37. ACER utilises "cookies" which enable it to monitor traffic patterns + and to serve you more efficiently if you revisit the site. A cookie + does not identify you personally but it does identify your + computer. You can set your browser to notify you when you receive a + cookie and this will provide you with an opportunity to either + accept or reject it in each instance; + + 38. ACER will not sell or otherwise provide your personal information + to a third party, or make any other use of your personal + information, for any purpose which is not incidental to your use of + this web site. For the removal of doubt, personal information will + not be used for any purpose which a reasonable person in your + position would not expect; + + 39. if you request ACER not to use personal information in a particular + manner or at all, ACER will adopt all reasonable measures to + observe your request but ACER may still use or disclose that + information if it: + 1. subsequently notifies you of the intended use or disclosure + and you do not object to that use or disclosure; + 2. believes that the use or disclosure is reasonably necessary to + assist a law enforcement agency or an agency responsible for + government or public security in the performance of their + functions; or + 3. is required by law to disclose the information; + + 40. ACER will preserve the content of any e-mail you send us if ACER + believes it has the legal requirement to do so; + + 41. your e-mail message content may be monitored by ACER for + trouble-shooting or maintenance purposes or if any form of e-mail + abuse is suspected; + + 42. personal information which ACER collects may be aggregated for + analysis but in such circumstances ACER would ensure that + individuals would remain anonymous; + + 43. all personal information which ACER collects (including your + contact details and, if relevant, credit card details) is kept + confidential to the best of its ability. You will appreciate, + however, that ACER cannot guarantee the security of transmission; + + 44. it is the responsibility of parents to monitor their children's use + of our web sites and ACER instigated online communities. + Nevertheless it is ACER's policy not to require personal + information from persons known to be under the age of 18 years or + offer to send any promotional material to persons in that category; + + 45. you are entitled to have access to any personal information + relating to you which you have previously supplied to ACER over + this web site. You are entitled to edit or delete such information + unless ACER is required by law to retain it; + + 46. if you wish to comment on or query our privacy policy, or if you + wish to make an inquiry regarding any personal information relating + to you which may be in our possession, contact us on 03 9277 5555. + + Security of information + 47. unfortunately, no data transmission over the Internet can be + guaranteed as totally secure. Whilst ACER strives to protect such + information, IT DOES NOT WARRANT and cannot ensure the security of + any information which you transmit to ACER. Accordingly, any + information which you transmit to ACER is transmitted at your own + risk. Nevertheless, once ACER receives your transmission, ACER will + take reasonable steps to preserve the security of such information; + + Specific warnings + 48. you must ensure that your access to any ACER web site or discussion + forum is not illegal or prohibited by laws which apply to you; + + 49. you must take your own precautions to ensure that the process which + you employ for accessing any ACER web site or discussion forum does + not expose you to the risk of viruses, malicious computer code or + other forms of interference which may damage your own computer + system. For the removal of doubt, ACER DOES NOT ACCEPT + RESPONSIBILITY for any interference or damage to your own computer + system which arises in connection with your use of ACER web sites, + any linked web site or ACER online community; + + 50. while ACER has no reason to believe that any information contained + on any ACER web site or online community is inaccurate, ACER DOES + NOT: + 1. WARRANT the accuracy, adequacy or completeness of such + information; + 2. UNDERTAKE to keep its web site updated; and + 3. ACCEPT RESPONSIBILITY for loss suffered as a result of + reliance by you upon the accuracy or currency of information + contained on any ACER web site or discussion forum; + + 51. you ACKNOWLEDGE that ACER may be a distributor, not a publisher, of + content on its web sites. To that extent ACER editorial control is + limited to the selection of materials to make available. Any + opinions or advice by third parties remain the responsibility of + those third parties and ACER DOES NOT guarantee the accuracy, + completeness or usefulness of that content or its fitness for any + particular purposes; + + 52. where the information made available over ACER websites or online + communities contains opinions or judgments of third parties, ACER + DOES NOT purport to endorse the contents of that opinion or advice + nor the accuracy or reliability of that opinion or advice. ACER + DOES NOT accept liability for loss or damage caused by your + reliance upon any information obtained through this service and it + remains your responsibility to evaluate the accuracy, completeness + and usefulness of any such information; + Termination of access -access to this web site may be terminated at any time by ACER without notice. The disclaimer contained in these terms of use will nevertheless survive any such termination; -Governing law -these terms and conditions are governed by the laws in force in the State of Victoria Australia. YOU AGREE to submit to the exclusive jurisdiction of the courts of that jurisdiction; -General -ACER ACCEPTS NO LIABILITY for any failure to comply with these terms and conditions where such failure is due to circumstances beyond its reasonable control; -if ACER waives any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion; -if any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force. -Legal advice -ACER advises the User to obtain independent legal advice before entering into this Agreement to be fully aware of its effects. -Indemnity -YOU irrevocably and unconditionally indemnify and agree to keep indemnified and hold harmless ACER and its respective, officers, employees, and consultants from and against any and all liability loss harm damage cost or expense, including legal fees, which ACER may suffer or sustain as a result of any act or omission of you or any of your officers employees consultants have done or omitted to be done in connection with a breach of this Agreement or any applicable law, except to the extent that the liability loss harm damage cost or expense arises from ACER’s negligent or unlawful acts or omissions. This clause shall survive any termination or expiration of this Agreement; -Entire agreement -these terms and conditions constitute the entire agreement between ACER and you in respect of the use of any ACER website and online community and any understanding, agreement, and/or representation implied or express (made by one party to the other) not expressly included in these terms and conditions are specifically excluded. -To return to the web site or online community -to return to the web site or online community, click where indicated. By doing so, you acknowledge that you have read, understood and accepted the above terms of use. + + 53. access to this web site may be terminated at any time by ACER + without notice. The disclaimer contained in these terms of use will + nevertheless survive any such termination; + + Governing law + 54. these terms and conditions are governed by the laws in force in the + State of Victoria Australia. YOU AGREE to submit to the exclusive + jurisdiction of the courts of that jurisdiction; + + General + 55. ACER ACCEPTS NO LIABILITY for any failure to comply with these + terms and conditions where such failure is due to circumstances + beyond its reasonable control; + + 56. if ACER waives any rights available to us under these terms and + conditions on one occasion, this does not mean that those rights + will automatically be waived on any other occasion; + + 57. if any of these terms and conditions are held to be invalid, + unenforceable or illegal for any reason, the remaining terms and + conditions shall nevertheless continue in full force. + + Legal advice + 58. ACER advises the User to obtain independent legal advice before + entering into this Agreement to be fully aware of its effects. + + Indemnity + 59. YOU irrevocably and unconditionally indemnify and agree to keep + indemnified and hold harmless ACER and its respective, officers, + employees, and consultants from and against any and all liability + loss harm damage cost or expense, including legal fees, which ACER + may suffer or sustain as a result of any act or omission of you or + any of your officers employees consultants have done or omitted to + be done in connection with a breach of this Agreement or any + applicable law, except to the extent that the liability loss harm + damage cost or expense arises from ACER's negligent or unlawful + acts or omissions. This clause shall survive any termination or + expiration of this Agreement; + + Entire agreement + 60. these terms and conditions constitute the entire agreement between + ACER and you in respect of the use of any ACER website and online + community and any understanding, agreement, and/or representation + implied or express (made by one party to the other) not expressly + included in these terms and conditions are specifically excluded. + + To return to the web site or online community + 61. to return to the web site or online community, click where + indicated. By doing so, you acknowledge that you have read, + understood and accepted the above terms of use. + Contact us diff --git a/languagenut_privacy.txt b/languagenut_privacy.txt index f255081..1a08605 100644 --- a/languagenut_privacy.txt +++ b/languagenut_privacy.txt @@ -3,325 +3,720 @@ URL: https://www.languagenut.com/en-au/privacy-policy/ PRIVACY POLICY -Languagenut Limited (“ -we -“, “ -us -”, “ -our -”) is committed to protecting and respecting your privacy. -This privacy policy, (“ -Privacy Policy -”) and any other documents referred to in it, sets out the basis on which we collect and process your personal data as a data controller when you use our website or services. -Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting  -www.languagenut.com, - (“ -Site -”) or using our services or apps, (“ -Services -”) you are accepting and consenting to the practices described in this Privacy Policy. -Please note: -This Privacy Policy does not apply to any data you provide to us when we process personal data on your behalf as your data processor i.e. where we process customer data within the cloud service we provide to you, as a business to business service provider. -DATA CONTROLLER -For the purposes of EU and UK data protection laws and any applicable national implementing laws, regulations and secondary legislation relating to the processing of personal data (together “ -Data Protection Law -”), the data controller is Languagenut Limited of Projects The Lanes, Nile House, Nile Street, Brighton, BN1 1HW, England, company number insert 07401600. -DATA PROTECTION OFFICER -We have appointed a data protection officer (“ -DPO -”) who is responsible for overseeing questions about this Privacy Policy who can be contacted as set out at the end of this Privacy Policy. -LEGAL BASIS FOR PROCESSING -We will only use your personal data when the law allows us to. Most commonly we will use your personal data in the following circumstances: -To fulfil our contractual obligations to you. -Where it is necessary for our legitimate business interests (or those of a third party) and your interests and fundamental rights do not override those interests. -To comply with a legal obligation -To the extent we process your personal data for any other purposes, we ask for your consent in advance or require that our partners obtain such consent. -PERSONAL DATA WE MAY COLLECT ABOUT YOU -We may collect and process personal data about you. Personal data, or personally identifiable information, means any information about an individual from which that individual can be identified. It does not include data where the identity has been removed (anonymous data). We collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows: -Identity Data: -  -includes first name, last name, user name or similar identifier. -Contact Data: -  -includes billing address, name and address, of school, email address and telephone numbers. -Financial Data: -  -includes bank account and payment card details. -Transaction Data: -  -includes details about payments to and from you and other details of products and services you have purchased from us. -Technical Data: -  -includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this Site or the Services. -Profile Data: -  -includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses. -Usage Data: -  -includes information about how you use our Site and Services, including the full Uniform Resource Locators (URL) clickstream to, through and from our Site and Services (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number. -Marketing and Communication Data: -  -includes your preferences in receiving marketing from us and our third parties and your communication preferences. -Location Data -: We also use GPS technology to determine your current Some of our location-enabled Services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by disabling Location Data in your settings. -Aggregated Data: -  -We also collect, use and share statistical or demographic data for any purpose. This Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy. -Special Category Data: -  -We do not collect, store and/or use special category data about you. This includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data. -If you fail to provide personal data -Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time. -HOW PERSONAL DATA IS COLLECTED -  -We use different methods to collect data from and about you including via: -Direct -  -You may give us your Identity, Contact and Financial Data when you fill in forms or correspond with us by post, phone, email or otherwise. This includes personal data you provide when you register to use our Site or to receive our newsletter, subscribe to use our Services, create an account to use our Site or Services, request marketing to be sent to you, search for a product or place an order on our Site, participate in discussion boards or other social media functions on our Site, enter a competition, promotion or survey, attend a conference or webinar, give us feedback or contact us and when you report a problem with our Site or Services. -Purchases -: If you make purchases via our Site or within any Services, or register for an event or webinar, we may require you to provide your Identity, Contact, Financial and Transaction Data. -Community: -  -If you register for an online community that we provide, we may ask you to provide us with Identity, Contact, Profile and Technical Data. -Automated Technologies or Interactions. -  -As you interact with our Services, Sites or emails, we automatically collect Technical Data about your device, browsing actions, patterns, Location Data and Usage Data. We collect this personal data by using cookies, server logs, web beacons, pixels, and similar technologies about your device, and your use of our Site and Services. We may also receive Technical Data and Location Data about you if you visit other websites using our cookies. Please see the Cookie section below for further details. -PERSONAL DATA WE RECEIVE FROM OTHER SOURCES -We work closely with the third parties set out in our Third Party Supplier List which includes, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies and may receive the following personal data about you from them: -Technical Data: -  -from analytics providers, advertising networks and search information providers -Contact, Transaction and Financial Data: -  -from providers of technical, payment and delivery services. -Identity and Contact Data: -  -from providers of chat/communication/helpdesk services with customers including via email. -Email Communications and Contact Data: -  -from providers of email communications service providers. -Business Contact and Financial Data: -  -from CRM service providers who manage contacts and keep a record of communications/ interactions with customers. -Contact Data and Financial Data: -  -from cloud accounting systems that store email and names of persons sent invoices by email. -PERSONAL DATA WE COLLECT FROM OTHER SOURCES -We also collect personal data about you from publicly available sources. We may combine this information with personal data provided by you. This helps us update, expand, and analyse our records, identify new customers, and create more tailored advertising to provide services that may be of interest to you. We also use this for the purposes of targeted advertising, delivering relevant email content, event promotion and profiling, determining eligibility and verifying Contact Data. The personal data we collect includes: -Identity and Contact Data: -  -from publicly available sources such as Companies House. -Identity, Contact and Profile Data: -  -that is published about you on social media profiles: such as LinkedIn, Facebook, Twitter. -COOKIES -We use cookies or similar technology, on our Site and in the Services to distinguish you from other users of our Site and Services. This helps us to provide you with a good experience when you browse our Site and also allows us to improve the Site and Services. -What are cookies -  -Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the website. Cookies can be “persistent” or “session” cookies. -We use persistent cookies and session cookies. -Persistent Cookies -A persistent cookie is stored on a user’s device in between browser sessions which allows the preferences or actions of a user across the Site (or in some cases across different websites) to be remembered. We use persistent cookies to save your login information for future logins to the Site or Services. -  -Session Cookies  -A session cookie allows the Site or Services to link your actions during a browser session. We use session cookies to enable certain features of the Site or Services, to better understand how you interact with the Site or Services and to monitor aggregate usage by users and web traffic routing on the Site. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site or Services and then close your browser. -Which cookies we use and why -The table below explains the cookies we use and why we use each of them. -Cookie -Type -Purpose -Duration -Google Analytics -Tracking cookies -These cookies are used to collect information about how visitors use our Site. We use the information to compile reports and to help us improve the Site. The cookies collect information in an anonymous form, including the number of visitors to the Site, where visitors have come to the Site from and the pages they visited. If you do not allow these cookies we will not be able to include your visit in our statistics. You can read the full Google Analytics    privacy    policy    at: -http://www.google.com/policies/privacy/. -1 week -Anonymous Analytics -Analytics cookies. -We use analytics cookies to tell us whether -you have visited the Site previously, and to gather statistics about visits to a page. -1 week -Geotargeting -Location cookies -These cookies are used by software which tries to work out what country you are in from information supplied by your browser when it requests a web page. This cookie is completely anonymous, and is only used to -help target content. -1 week -Registration -Signin cookies -When you sign in, we generate cookies that let us know whether you are signed in or not. Our servers use these cookies to work -out which account you are signed in with. -1 week -  -You can set up your browser options, to stop your computer accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use the whole of the Site or all functionality of the Services. -To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit  -www.aboutcookies.org - or  -www.allaboutcookies.org. - To opt out of being tracked by Google Analytics across all websites visit  -http://tools.google.com/dlpage/gaoptout. -Do not track -We do not support Do Not Track (“ -DNT -”). -Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the “Preferences” or “Settings” page of your web browser. -USES MADE OF PERSONAL DATA -We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. -Note that we may process your personal data for more than one lawful basis depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below. -Purpose/Activity -Type of Data -Lawful basis for processing -To register you as a new customer -(a)  Identity Data -(b)  Contact Data -Performance of a contract with you -To process and deliver your order including: -(a)   Manage payments, fees and charges -(b)      Collect    and    recover money owed to us -(a)  Identity Data -(b)  Contact Data -(c)  Financial Data -(d)  Transaction Data -(e)        Marketing     and Communications Data -(a)  Performance of a contract with you -(b)   Necessary for our legitimate interests (to recover debts due to us) -To manage our relationship with you which will include: -(a)      Notifying you about changes to our terms, this Privacy Policy, the Site or Services -(a)  Identity Data -(b)  Contact Data -(c)  Profile Data -(d)        Marketing     and Communications Data -(a)  Performance of a contract with you -(b)   Necessary to comply with a legal obligation -(c)   Necessary for our legitimate interests (to keep our records -  -(b) Asking you to leave a review or take a survey -updated and to study how customers             use             our products/services) -To enable you to partake in a prize draw, competition or complete a survey -(a)  Identity Data -(b)  Contact Data -(c)  Profile Data -(d)  Usage Data -(e)        Marketing     and Communications Data -(a)  Performance of a contract with you -(b)   Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business) -To administer and protect our business and this Site (including troubleshooting, data analysis, testing, system            maintenance, support, updates, reporting and hosting of data) -(a)  Identity Data -(b)  Contact Data -(c)  Technical Data -(a)   Necessary for our legitimate interests (for running our business,          provision          of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) -(b)   Necessary to comply with a legal obligation -To deliver relevant Site and Services content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you -(a)  Identity Data -(b)  Contact Data -(c)  Profile Data -(d)  Usage Data -(e)        Marketing     and Communications Data -(f)  Technical Data -Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy) -To use data analytics to improve our Site and Services,              marketing, customer relationships and experiences -(a)  Technical Data -(b)  Usage Data -Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy) -To make suggestions and recommendations to you about goods or services that may be of interest to you -(a)  Identity Data -(b)  Contact Data -(c)  Technical Data -(d)  Usage Data -(e)  Profile Data -(f)      Marketing      and Communications Data -Necessary for our legitimate interests (to develop our Services and grow our business) -We will not sell or rent your personal data to anyone. -We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. -Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law. -DISCLOSURE OF YOUR PERSONAL DATA -Personal data we share with third parties.  -We may share your personal data with the third parties set out in our Third Party Supplier List for the purposes set out in the table above. Below is a summary of the types of third parties used: -Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006. -Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you to provide services such as IT and system administration services, email communications, hosting services, backup services, credit card processing, research, development, marketing and customer support. -Analytics and search engine providers that assist us in the improvement and optimisation of our Site and Services. -Professional advisors acting as service providers to us in relation to the Site or Services – including lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance and accounting services. -Tax authorities, regulators and other authorities who require reporting of processing activities in certain circumstances. -Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose personal data about identifiable individuals to our advertisers, but we may provide them with Aggregated Data about our users (for example, we may inform them that 250 men aged over 25 have clicked on their advertisement on any given day). We may also use such Aggregated Data to help advertisers reach the kind of audience they want to target (for example, women living in London). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience. -Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you. -Personal data we disclose to third parties. -  -We may disclose your personal data to third parties: -In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets. -If we or a member of our group of companies or substantially all of their assets are acquired by a third party, in which case personal data held by them about their customers will be one of the transferred assets. -If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions, terms of use and/or any other legal agreements; or to protect our rights, property, safety, our customers or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. -Including Aggregated Data in the normal course of operating our business; for example, with other Site or Services users, our customers or publicly to show trends or benchmark the general use of our Site and Services. -INTERNATIONAL TRANSFERS -Our Services are global and your personal data may be stored and processed in any country where we have operations, our staff are located or where we engage service providers engaged in, among other things, the fulfilment of your order, the processing of your payment details or the provision of support services. This will involve a transfer of your personal data to countries outside of your country of residence, where data protection rules are different from those of your country of residence. -Processing of your personal data will involve a transfer of data to countries outside the European Economic Area (“ -EEA -“), Switzerland or the UK. -We will take all steps reasonably necessary to ensure that your personal data is treated securely and in accordance with this Privacy Policy. In particular, this means that your personal data will only be transferred to a country that provides an adequate level of protection (for example, where the European Commission or the UK Data Protection Authority, (“ICO”) has determined that a country provides an adequate level of protection) or where the recipient is bound by standard contractual clauses according to conditions provided by the European Commission or ICO. -Our Site and Services are accessible via the internet and may potentially be accessed by anyone around the world. Other users may access the Site or Services from outside the EEA, Switzerland or the UK. This means that where you chose to post your personal data on our Site or within the Services, it could be accessed from anywhere around the world and therefore a -transfer of your personal data outside of the EEA, Switzerland or the UK may be deemed to have occurred. -  -DATA SECURITY -  -We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. For example, all information you provide to us is stored on our secure servers. Any credit card information or payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Site or Services, you are responsible for keeping this password confidential. We ask you not to share any password with anyone. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. -We have put in place procedures to deal with any personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so. -Unfortunately, the transmission of information via the Internet is not completely secure. Although we will endeavour to protect your personal data, we cannot guarantee the security of your personal data transmitted to our Site or the Services. Any transmission is at your own risk. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorised access. -LINKS TO OTHER WEBSITES -Our Site and Services may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites. -  -USE OF BLOGS, FORUMS AND CHAT ROOMS -Any information that you post to areas of the Site or Services that are viewable by others (for example, to a blog, forum or chat-room) will not be treated as proprietary, private, or confidential. We have no obligation to monitor such posts to the Site or Services or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights. -  -YOUR RIGHTS -You have the right under Data Protection Law, free of charge, to request: -Access to your personal data. -Rectification or deletion of your personal data. -A restriction on the processing of your personal data. -Object to the processing of your personal data. -A transfer of your personal data (data portability) in a structured, machine readable and commonly used format. -Withdraw your consent to us processing your personal data, at any time. -If you wish to exercise any of the above rights, please contact us as set out at the end of this Privacy Policy. We will respond to such queries within 30 days and deal with requests we receive from you, in accordance with the provisions of Data Protection Law. Occasionally it could take us longer, if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated. -You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances. -We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. -MARKETING COMMUNICATIONS -Marketing: -  -We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). -Promotional Offers from us: -  -We will send you marketing emails if you “opt in” to receive marketing emails when registering on our Site, or if you have enquired about, or purchased any of our goods or services from us and you have not opted out of receiving such marketing. -Third Party Marketing: -  -We will obtain your express opt-in consent before we share your personal data with any third party for marketing purposes. -Opt out: -  -Please note that, if you change your mind about being sent marketing emails you can “opt out” at any time by clicking the “unsubscribe” link at the bottom of any marketing email. Once you “opt out”, you will no longer receive any marketing emails from us. We will continue to communicate with you regarding your service billing and support via email and where we send push notifications from time to time in order to update you about any service updates, events and promotions we may be running. If you no longer wish to receive these communications, please disable these in the settings on your device. -DATA RETENTION -We retain personal data for as long as reasonably necessary to fulfil the purposes for which it was provided or collected, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint, if we reasonably believe there is a prospect of litigation in respect of our relationship with you, to comply with law enforcement requests, maintain security, prevent fraud and abuse, resolve disputes, enforce our legal agreements, or fulfil your request to “unsubscribe” from further messages from us. -To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements. -This will be for as long as we provide access to the Site or Services to you, your account with us remains open or any period set out in any relevant contract you have with us. After you have closed your account or ceased using the Services as set out below. -  -We will retain some anonymised information after your account has been closed and we may use this for research or statistical purposes, in which case we may use this information indefinitely without further notice to you. -Please note: After you have closed your account or deleted information from your account, any information you have shared with others will remain visible. We do not control data that other users may have copied from the Site or Services. Your profile may continue to be displayed in the services of others (e.g. search engine results) until they refresh their cache. -COMPLAINTS -Our intention is to meet the highest standards when collecting and using personal data. For this reason, we take complaints we receive very seriously. We encourage users to notify us if they think that our collection or use of personal data is unfair, misleading or inappropriate. If you have any complaints about our use of your personal data, please contact us as set out at the end of this Privacy Policy or contact your local data protection supervisory authority. -  -For UK individuals: The Information Commissioner’s Office at, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England. -Our EU representative is reachable at  -suppliers@languagenut.com. -CHANGES TO OUR PRIVACY POLICY -Any changes we may make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by email. Please check back frequently to see any updates or changes to our Privacy Policy. -This Privacy Policy was last updated on 4 -th - October 2022 and this version replaces any other Privacy Policy previously applicable from this date. -CONTACT -Our DPO is reachable at  -suppliers@languagenut.com. -If you have any questions, comments, or requests regarding our privacy practices or about this Privacy Policy please contact us as follows: -By post -: Languagenut Limited, Projects The Lanes, Nile House, Nile Street, Brighton, BN1 1HW -By email -: -  -support@languagenut.com. -T&Cs -Privacy Policy -FAQs + + Languagenut Limited ("we", "us", "our") is committed to protecting and + respecting your privacy. + + This privacy policy, ("Privacy Policy") and any other documents + referred to in it, sets out the basis on which we collect and process + your personal data as a data controller when you use our website or + services. + + Please read the following carefully to understand our views and + practices regarding your personal data and how we will treat it. By + visiting www.languagenut.com, ("Site") or using our services or apps, + ("Services") you are accepting and consenting to the practices + described in this Privacy Policy. + + Please note: + + This Privacy Policy does not apply to any data you provide to us when + we process personal data on your behalf as your data processor i.e. + where we process customer data within the cloud service we provide to + you, as a business to business service provider. + + DATA CONTROLLER + + For the purposes of EU and UK data protection laws and any applicable + national implementing laws, regulations and secondary legislation + relating to the processing of personal data (together "Data Protection + Law"), the data controller is Languagenut Limited of Projects The + Lanes, Nile House, Nile Street, Brighton, BN1 1HW, England, company + number insert 07401600. + + DATA PROTECTION OFFICER + + We have appointed a data protection officer ("DPO") who is responsible + for overseeing questions about this Privacy Policy who can be contacted + as set out at the end of this Privacy Policy. + + LEGAL BASIS FOR PROCESSING + + We will only use your personal data when the law allows us to. Most + commonly we will use your personal data in the following circumstances: + * To fulfil our contractual obligations to you. + + * Where it is necessary for our legitimate business interests (or + those of a third party) and your interests and fundamental rights + do not override those interests. + * To comply with a legal obligation + + To the extent we process your personal data for any other purposes, we + ask for your consent in advance or require that our partners obtain + such consent. + + PERSONAL DATA WE MAY COLLECT ABOUT YOU + + We may collect and process personal data about you. Personal data, or + personally identifiable information, means any information about an + individual from which that individual can be identified. It does not + include data where the identity has been removed (anonymous data). We + collect, use, store and transfer different kinds of personal data about + you which we have grouped together as follows: + * Identity Data: includes first name, last name, user name or similar + identifier. + * Contact Data: includes billing address, name and address, of + school, email address and telephone numbers. + * Financial Data: includes bank account and payment card details. + * Transaction Data: includes details about payments to and from you + and other details of products and services you have purchased from + us. + * Technical Data: includes internet protocol (IP) address, your login + data, browser type and version, time zone setting and location, + browser plug-in types and versions, operating system and platform, + and other technology on the devices you use to access this Site or + the Services. + * Profile Data: includes your username and password, purchases or + orders made by you, your interests, preferences, feedback and + survey responses. + * Usage Data: includes information about how you use our Site and + Services, including the full Uniform Resource Locators (URL) + clickstream to, through and from our Site and Services (including + date and time); products you viewed or searched for; page response + times, download errors, length of visits to certain pages, page + interaction information (such as scrolling, clicks, and + mouse-overs), and methods used to browse away from the page and any + phone number used to call our customer service number. + * Marketing and Communication Data: includes your preferences in + receiving marketing from us and our third parties and your + communication preferences. + * Location Data: We also use GPS technology to determine your current + Some of our location-enabled Services require your personal data + for the feature to work. If you wish to use the particular feature, + you will be asked to consent to your data being used for this + purpose. You can withdraw your consent at any time by disabling + Location Data in your settings. + * Aggregated Data: We also collect, use and share statistical or + demographic data for any purpose. This Aggregated Data could be + derived from your personal data but is not considered personal data + in law as this data will not directly or indirectly reveal your + identity. For example, we may aggregate your Usage Data to + calculate the percentage of users accessing a specific website + feature. However, if we combine or connect Aggregated Data with + your personal data so that it can directly or indirectly identify + you, we treat the combined data as personal data which will be used + in accordance with this Privacy Policy. + * Special Category Data: We do not collect, store and/or use special + category data about you. This includes details about your race or + ethnicity, religious or philosophical beliefs, sex life, sexual + orientation, political opinions, trade union membership, + information about your health, and genetic and biometric data. + + If you fail to provide personal data + + Where we need to collect personal data by law, or under the terms of a + contract we have with you, and you fail to provide that data when + requested, we may not be able to perform the contract we have or are + trying to enter into with you (for example, to provide you with goods + or services). In this case, we may have to cancel a product or service + you have with us but we will notify you if this is the case at the + time. + + HOW PERSONAL DATA IS COLLECTED + + We use different methods to collect data from and about you including + via: + * Direct You may give us your Identity, Contact and Financial Data + when you fill in forms or correspond with us by post, phone, email + or otherwise. This includes personal data you provide when you + register to use our Site or to receive our newsletter, subscribe to + use our Services, create an account to use our Site or Services, + request marketing to be sent to you, search for a product or place + an order on our Site, participate in discussion boards or other + social media functions on our Site, enter a competition, promotion + or survey, attend a conference or webinar, give us feedback or + contact us and when you report a problem with our Site or Services. + * Purchases: If you make purchases via our Site or within any + Services, or register for an event or webinar, we may require you + to provide your Identity, Contact, Financial and Transaction Data. + * Community: If you register for an online community that we provide, + we may ask you to provide us with Identity, Contact, Profile and + Technical Data. + * Automated Technologies or Interactions. As you interact with our + Services, Sites or emails, we automatically collect Technical Data + about your device, browsing actions, patterns, Location Data and + Usage Data. We collect this personal data by using cookies, server + logs, web beacons, pixels, and similar technologies about your + device, and your use of our Site and Services. We may also receive + Technical Data and Location Data about you if you visit other + websites using our cookies. Please see the Cookie section below for + further details. + + PERSONAL DATA WE RECEIVE FROM OTHER SOURCES + + We work closely with the third parties set out in our Third Party + Supplier List which includes, for example, business partners, + sub-contractors in technical, payment and delivery services, + advertising networks, analytics providers, search information + providers, credit reference agencies and may receive the following + personal data about you from them: + * Technical Data: from analytics providers, advertising networks and + search information providers + * Contact, Transaction and Financial Data: from providers of + technical, payment and delivery services. + * Identity and Contact Data: from providers of + chat/communication/helpdesk services with customers including via + email. + * Email Communications and Contact Data: from providers of email + communications service providers. + * Business Contact and Financial Data: from CRM service providers who + manage contacts and keep a record of communications/ interactions + with customers. + * Contact Data and Financial Data: from cloud accounting systems that + store email and names of persons sent invoices by email. + + PERSONAL DATA WE COLLECT FROM OTHER SOURCES + + We also collect personal data about you from publicly available + sources. We may combine this information with personal data provided by + you. This helps us update, expand, and analyse our records, identify + new customers, and create more tailored advertising to provide services + that may be of interest to you. We also use this for the purposes of + targeted advertising, delivering relevant email content, event + promotion and profiling, determining eligibility and verifying Contact + Data. The personal data we collect includes: + * Identity and Contact Data: from publicly available sources such as + Companies House. + * Identity, Contact and Profile Data: that is published about you on + social media profiles: such as LinkedIn, Facebook, Twitter. + + COOKIES + + We use cookies or similar technology, on our Site and in the Services + to distinguish you from other users of our Site and Services. This + helps us to provide you with a good experience when you browse our Site + and also allows us to improve the Site and Services. + + What are cookies + + Cookies are small text files that are placed on your computer by + websites that you visit. They are widely used in order to make websites + work, or work more efficiently, as well as to provide information to + the owners of the website. Cookies can be "persistent" or "session" + cookies. + + We use persistent cookies and session cookies. + + Persistent Cookies + + A persistent cookie is stored on a user's device in between browser + sessions which allows the preferences or actions of a user across the + Site (or in some cases across different websites) to be remembered. We + use persistent cookies to save your login information for future logins + to the Site or Services. + + Session Cookies + + A session cookie allows the Site or Services to link your actions + during a browser session. We use session cookies to enable certain + features of the Site or Services, to better understand how you interact + with the Site or Services and to monitor aggregate usage by users and + web traffic routing on the Site. Unlike persistent cookies, session + cookies are deleted from your computer when you log off from the Site + or Services and then close your browser. + + Which cookies we use and why + + The table below explains the cookies we use and why we use each of + them. + Cookie Type Purpose Duration + Google Analytics Tracking cookies + + These cookies are used to collect information about how visitors use + our Site. We use the information to compile reports and to help us + improve the Site. The cookies collect information in an anonymous form, + including the number of visitors to the Site, where visitors have come + to the Site from and the pages they visited. If you do not allow these + cookies we will not be able to include your visit in our statistics. + You can read the full Google Analytics privacy policy at: + + http://www.google.com/policies/privacy/. + 1 week + Anonymous Analytics Analytics cookies. + + We use analytics cookies to tell us whether + + you have visited the Site previously, and to gather statistics about + visits to a page. + 1 week + Geotargeting Location cookies + + These cookies are used by software which tries to work out what country + you are in from information supplied by your browser when it requests a + web page. This cookie is completely anonymous, and is only used to + + help target content. + 1 week + Registration Signin cookies + + When you sign in, we generate cookies that let us know whether you are + signed in or not. Our servers use these cookies to work + + out which account you are signed in with. + 1 week + + + You can set up your browser options, to stop your computer accepting + cookies or to prompt you before accepting a cookie from the websites + you visit. If you do not accept cookies, however, you may not be able + to use the whole of the Site or all functionality of the Services. + + To find out more about cookies, including how to see what cookies have + been set and how to manage and delete them, + visit www.aboutcookies.org or www.allaboutcookies.org. To opt out of + being tracked by Google Analytics across all websites + visit http://tools.google.com/dlpage/gaoptout. + + Do not track + + We do not support Do Not Track ("DNT"). + + Do Not Track is a preference you can set in your web browser to inform + websites that you do not want to be tracked. You can enable or disable + Do Not Track by visiting the "Preferences" or "Settings" page of your + web browser. + + USES MADE OF PERSONAL DATA + + We have set out below, in a table format, a description of all the ways + we plan to use your personal data, and which of the legal bases we rely + on to do so. We have also identified what our legitimate interests are + where appropriate. + + Note that we may process your personal data for more than one lawful + basis depending on the specific purpose for which we are using your + data. Please contact us if you need details about the specific legal + ground we are relying on to process your personal data where more than + one ground has been set out in the table below. + Purpose/Activity Type of Data Lawful basis for processing + To register you as a new customer + + (a) Identity Data + + (b) Contact Data + Performance of a contract with you + + To process and deliver your order including: + + (a) Manage payments, fees and charges + + (b) Collect and recover money owed to us + + (a) Identity Data + + (b) Contact Data + + (c) Financial Data + + (d) Transaction Data + + (e) Marketing and Communications Data + + (a) Performance of a contract with you + + (b) Necessary for our legitimate interests (to recover debts due to + us) + + To manage our relationship with you which will include: + + (a) Notifying you about changes to our terms, this Privacy Policy, + the Site or Services + + (a) Identity Data + + (b) Contact Data + + (c) Profile Data + + (d) Marketing and Communications Data + + (a) Performance of a contract with you + + (b) Necessary to comply with a legal obligation + + (c) Necessary for our legitimate interests (to keep our records + + + (b) Asking you to leave a review or take a survey updated and to study + how customers use our products/services) + To enable you to partake in a prize draw, competition or complete a + survey + + (a) Identity Data + + (b) Contact Data + + (c) Profile Data + + (d) Usage Data + + (e) Marketing and Communications Data + + (a) Performance of a contract with you + + (b) Necessary for our legitimate interests (to study how customers + use our products/services, to develop them and grow our business) + To administer and protect our business and this Site (including + troubleshooting, data analysis, testing, system maintenance, + support, updates, reporting and hosting of data) + + (a) Identity Data + + (b) Contact Data + + (c) Technical Data + + (a) Necessary for our legitimate interests (for running our + business, provision of administration and IT + services, network security, to prevent fraud and in the context of a + business reorganisation or group restructuring exercise) + + (b) Necessary to comply with a legal obligation + To deliver relevant Site and Services content and advertisements to you + and measure or understand the effectiveness of the advertising we serve + to you + + (a) Identity Data + + (b) Contact Data + + (c) Profile Data + + (d) Usage Data + + (e) Marketing and Communications Data + + (f) Technical Data + Necessary for our legitimate interests (to study how customers use our + products/services, to develop them, to grow our business and to inform + our marketing strategy) + To use data analytics to improve our Site and Services, + marketing, customer relationships and experiences + + (a) Technical Data + + (b) Usage Data + Necessary for our legitimate interests (to define types of customers + for our products and services, to keep our website updated and + relevant, to develop our business and to inform our marketing strategy) + To make suggestions and recommendations to you about goods or services + that may be of interest to you + + (a) Identity Data + + (b) Contact Data + + (c) Technical Data + + (d) Usage Data + + (e) Profile Data + + (f) Marketing and Communications Data + Necessary for our legitimate interests (to develop our Services and + grow our business) + + We will not sell or rent your personal data to anyone. + + We will only use your personal data for the purposes for which we + collected it, unless we reasonably consider that we need to use it for + another reason and that reason is compatible with the original purpose. + If you wish to get an explanation as to how the processing for the new + purpose is compatible with the original purpose, please contact us. + + Please note that we may process your personal data without your + knowledge or consent, in compliance with the above rules, where this is + required or permitted by law. + + DISCLOSURE OF YOUR PERSONAL DATA + + Personal data we share with third parties. We may share your personal + data with the third parties set out in our Third Party Supplier List + for the purposes set out in the table above. Below is a summary of the + types of third parties used: + * Any member of our group, which means our subsidiaries, our ultimate + holding company and its subsidiaries, as defined in section 1159 of + the UK Companies Act 2006. + * Business partners, suppliers and sub-contractors for the + performance of any contract we enter into with them or you to + provide services such as IT and system administration services, + email communications, hosting services, backup services, credit + card processing, research, development, marketing and customer + support. + * Analytics and search engine providers that assist us in the + improvement and optimisation of our Site and Services. + * Professional advisors acting as service providers to us in relation + to the Site or Services - including lawyers, bankers, auditors, and + insurers who provide consultancy, banking, legal, insurance and + accounting services. + * Tax authorities, regulators and other authorities who require + reporting of processing activities in certain circumstances. + * Advertisers and advertising networks that require the data to + select and serve relevant adverts to you and others. We do not + disclose personal data about identifiable individuals to our + advertisers, but we may provide them with Aggregated Data about our + users (for example, we may inform them that 250 men aged over 25 + have clicked on their advertisement on any given day). We may also + use such Aggregated Data to help advertisers reach the kind of + audience they want to target (for example, women living in London). + We may make use of the personal data we have collected from you to + enable us to comply with our advertisers' wishes by displaying + their advertisement to that target audience. + * Credit reference agencies for the purpose of assessing your credit + score where this is a condition of us entering into a contract with + you. + + Personal data we disclose to third parties. We may disclose your + personal data to third parties: + * In the event that we sell or buy any business or assets, in which + case we may disclose your personal data to the prospective seller + or buyer of such business or assets. + * If we or a member of our group of companies or substantially all of + their assets are acquired by a third party, in which case personal + data held by them about their customers will be one of the + transferred assets. + * If we are under a duty to disclose or share your personal data in + order to comply with any legal obligation, or in order to enforce + or apply our terms and conditions, terms of use and/or any other + legal agreements; or to protect our rights, property, safety, our + customers or others. This includes exchanging information with + other companies and organisations for the purposes of fraud + protection and credit risk reduction. + * Including Aggregated Data in the normal course of operating our + business; for example, with other Site or Services users, our + customers or publicly to show trends or benchmark the general use + of our Site and Services. + + INTERNATIONAL TRANSFERS + + Our Services are global and your personal data may be stored and + processed in any country where we have operations, our staff are + located or where we engage service providers engaged in, among other + things, the fulfilment of your order, the processing of your payment + details or the provision of support services. This will involve a + transfer of your personal data to countries outside of your country of + residence, where data protection rules are different from those of your + country of residence. + + Processing of your personal data will involve a transfer of data to + countries outside the European Economic Area ("EEA"), Switzerland or + the UK. + + We will take all steps reasonably necessary to ensure that your + personal data is treated securely and in accordance with this Privacy + Policy. In particular, this means that your personal data will only be + transferred to a country that provides an adequate level of protection + (for example, where the European Commission or the UK Data Protection + Authority, ("ICO") has determined that a country provides an adequate + level of protection) or where the recipient is bound by standard + contractual clauses according to conditions provided by the European + Commission or ICO. + + Our Site and Services are accessible via the internet and may + potentially be accessed by anyone around the world. Other users may + access the Site or Services from outside the EEA, Switzerland or the + UK. This means that where you chose to post your personal data on our + Site or within the Services, it could be accessed from anywhere around + the world and therefore a + + transfer of your personal data outside of the EEA, Switzerland or the + UK may be deemed to have occurred. + + DATA SECURITY + + We have put in place appropriate security measures to prevent your + personal data from being accidentally lost, used or accessed in an + unauthorised way, altered or disclosed. For example, all information + you provide to us is stored on our secure servers. Any credit card + information or payment transactions will be encrypted using SSL + technology. Where we have given you (or where you have chosen) a + password which enables you to access certain parts of the Site or + Services, you are responsible for keeping this password confidential. + We ask you not to share any password with anyone. In addition, we limit + access to your personal data to those employees, agents, contractors + and other third parties who have a business need to know. They will + only process your personal data on our instructions and they are + subject to a duty of confidentiality. + + We have put in place procedures to deal with any personal data breach + and will notify you and any applicable regulator of a breach where we + are legally required to do so. + + Unfortunately, the transmission of information via the Internet is not + completely secure. Although we will endeavour to protect your personal + data, we cannot guarantee the security of your personal data + transmitted to our Site or the Services. Any transmission is at your + own risk. Once we have received your personal data, we will use strict + procedures and security features to try to prevent unauthorised access. + + LINKS TO OTHER WEBSITES + + Our Site and Services may, from time to time, contain links to and from + the websites of our partner networks, advertisers and affiliates. If + you follow a link to any of these websites, please note that these + websites have their own privacy policies and that we do not accept any + responsibility or liability for these policies. Please check these + policies before you submit any personal data to these websites. + + USE OF BLOGS, FORUMS AND CHAT ROOMS + + Any information that you post to areas of the Site or Services that are + viewable by others (for example, to a blog, forum or chat-room) will + not be treated as proprietary, private, or confidential. We have no + obligation to monitor such posts to the Site or Services or to exercise + any editorial control over such posts; however, we reserve the right to + review such posts and to remove any material that, in our judgment, is + not appropriate. Posting, transmitting, promoting, using, distributing + or storing content that could subject us to any legal liability, + whether in tort or otherwise, or that is in violation of any applicable + law or regulation, or otherwise contrary to commonly accepted community + standards, is prohibited, including without limitation information and + material protected by copyright, trademark, trade secret, nondisclosure + or confidentiality agreements, or other intellectual property rights. + + YOUR RIGHTS + + You have the right under Data Protection Law, free of charge, to + request: + * Access to your personal data. + * Rectification or deletion of your personal data. + * A restriction on the processing of your personal data. + * Object to the processing of your personal data. + * A transfer of your personal data (data portability) in a + structured, machine readable and commonly used format. + * Withdraw your consent to us processing your personal data, at any + time. + + If you wish to exercise any of the above rights, please contact us as + set out at the end of this Privacy Policy. We will respond to such + queries within 30 days and deal with requests we receive from you, in + accordance with the provisions of Data Protection Law. Occasionally it + could take us longer, if your request is particularly complex or you + have made a number of requests. In this case, we will notify you and + keep you updated. + + You will not have to pay a fee to access your personal data (or to + exercise any of the other rights). However, we may charge a reasonable + fee if your request is clearly unfounded, repetitive or excessive. + Alternatively, we could refuse to comply with your request in these + circumstances. + + We may need to request specific information from you to help us confirm + your identity and ensure your right to access your personal data (or to + exercise any of your other rights). This is a security measure to + ensure that personal data is not disclosed to any person who has no + right to receive it. We may also contact you to ask you for further + information in relation to your request to speed up our response. + + MARKETING COMMUNICATIONS + * Marketing: We may use your Identity, Contact, Technical, Usage and + Profile Data to form a view on what we think you may want or need, + or what may be of interest to you. This is how we decide which + products, services and offers may be relevant for you (we call this + marketing). + * Promotional Offers from us: We will send you marketing emails if + you "opt in" to receive marketing emails when registering on our + Site, or if you have enquired about, or purchased any of our goods + or services from us and you have not opted out of receiving such + marketing. + * Third Party Marketing: We will obtain your express opt-in consent + before we share your personal data with any third party for + marketing purposes. + * Opt out: Please note that, if you change your mind about being sent + marketing emails you can "opt out" at any time by clicking the + "unsubscribe" link at the bottom of any marketing email. Once you + "opt out", you will no longer receive any marketing emails from us. + We will continue to communicate with you regarding your service + billing and support via email and where we send push notifications + from time to time in order to update you about any service updates, + events and promotions we may be running. If you no longer wish to + receive these communications, please disable these in the settings + on your device. + + DATA RETENTION + + We retain personal data for as long as reasonably necessary to fulfil + the purposes for which it was provided or collected, including for the + purposes of satisfying any legal, regulatory, tax, accounting or + reporting requirements. We may retain your personal data for a longer + period in the event of a complaint, if we reasonably believe there is a + prospect of litigation in respect of our relationship with you, to + comply with law enforcement requests, maintain security, prevent fraud + and abuse, resolve disputes, enforce our legal agreements, or fulfil + your request to "unsubscribe" from further messages from us. + + To determine the appropriate retention period for personal data, we + consider the amount, nature and sensitivity of the personal data, the + potential risk of harm from unauthorised use or disclosure of your + personal data, the purposes for which we process your personal data and + whether we can achieve those purposes through other means, and the + applicable legal, regulatory, tax, accounting or other requirements. + + This will be for as long as we provide access to the Site or Services + to you, your account with us remains open or any period set out in any + relevant contract you have with us. After you have closed your account + or ceased using the Services as set out below. + + We will retain some anonymised information after your account has been + closed and we may use this for research or statistical purposes, in + which case we may use this information indefinitely without further + notice to you. + + Please note: After you have closed your account or deleted information + from your account, any information you have shared with others will + remain visible. We do not control data that other users may have copied + from the Site or Services. Your profile may continue to be displayed in + the services of others (e.g. search engine results) until they refresh + their cache. + + COMPLAINTS + + Our intention is to meet the highest standards when collecting and + using personal data. For this reason, we take complaints we receive + very seriously. We encourage users to notify us if they think that our + collection or use of personal data is unfair, misleading or + inappropriate. If you have any complaints about our use of your + personal data, please contact us as set out at the end of this Privacy + Policy or contact your local data protection supervisory authority. + + For UK individuals: The Information Commissioner's Office at, Wycliffe + House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England. + + Our EU representative is reachable at suppliers@languagenut.com. + + CHANGES TO OUR PRIVACY POLICY + + Any changes we may make to our Privacy Policy in the future will be + posted on this page and, where appropriate, notified to you by email. + Please check back frequently to see any updates or changes to our + Privacy Policy. + + This Privacy Policy was last updated on 4^th October 2022 and this + version replaces any other Privacy Policy previously applicable from + this date. + + CONTACT + + Our DPO is reachable at suppliers@languagenut.com. + + If you have any questions, comments, or requests regarding our privacy + practices or about this Privacy Policy please contact us as follows: + + By post: Languagenut Limited, Projects The Lanes, Nile House, Nile + Street, Brighton, BN1 1HW + + By email: support@languagenut.com. + + * T&Cs + * Privacy Policy + * FAQs diff --git a/languagenut_tos.txt b/languagenut_tos.txt index a5fe3eb..d33ddae 100644 --- a/languagenut_tos.txt +++ b/languagenut_tos.txt @@ -3,169 +3,652 @@ URL: https://www.languagenut.com/en-au/terms/ Terms of Service -Please read these Terms of Service carefully before registering for a chargeable subscription to use the Services offered on this website, operated by Languagenut Limited, with its registered office at Projects The Lanes, Nile House, Nile Street, Brighton, England, company number 07401600, VAT number 983 9715 59. -By registering for a chargeable subscription to use the Services at www.languagenut.com, and clicking on the accept buttons relating to our Terms of Service, -  -  -, you agree to be legally bound by these Terms of Service, DPA and Privacy Policy as they may be modified and posted on our website from time to time. In the event of any inconsistency between the content of the Terms of Service, -  -DPA -  -and the -  -Privacy Policy -, the Terms of Service shall prevail followed by the DPA and then the Privacy Policy. -If you do not wish to be bound by these Terms of Service, DPA and Privacy Policy then you may not register to use a free trial or purchase our Services. -1. Definitions -In this Agreement, the following capitalised words shall have the following meanings: -“Agreement” -means these Terms of Service, DPA and Privacy Policy together; -“Authorised User” -means your employees, agents, consultant or independent contractors or students who have been expressly authorised by you to receive a password in order to access the Services online; -“Confidential Information” -means any and all information in whatsoever form relating to our business, prospective business, finances, technical processes, computer software (both source code and object code), Intellectual Property Rights or finances, or compilations of two or more items of such information, whether or not each individual item is in itself confidential, which comes into our possession by virtue of its entry into this Agreement or provision of the Services, and which we regard, or could reasonably be expected to regard, as confidential and any and all information which has been or may be derived or obtained from any such information and includes all Content; -“Consequential Loss” -means pure economic loss, special loss, losses incurred by any third party, losses arising from business interruption, loss of business revenue, goodwill or anticipated savings, losses whether or not occurring in the normal course of business, costs of procuring substitute goods or product(s) or wasted management or staff time; -“Content” -means all information or materials made available to you via the Services; -“DPA” -means our data processing agreement published at www.languagenut.com/en-gb/data-processing-agreement as amended from time to time; -“Effective Date” -means the date on which we send you a confirmation invoice, confirming your order of the Services and providing you with login details; -“Feedback” -means feedback, innovations or suggestions created by the you or Authorised Users regarding the attributes, performance or features of the Services; -“Fees” -means the fees set out in the confirmation invoice sent to you; -“Force Majeure” -means anything outside the reasonable control of a party, including but not limited to, acts of God, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, war, rebellion, insurrection, sabotage, pandemic, epidemic, quarantine restriction, labour dispute, labour shortage, power shortage, including without limitation where we cease to be entitled to access the Internet for whatever reason, transportation embargo, failure or delay in transportation, any act or omission (including laws, regulations, disapprovals or failures to approve) of any government or government agency; -“Initial Term” -means a period of 12 months starting on the Effective Date; -“Intellectual Property Rights” -means all copyrights, patents, utility models, trademarks, service marks, registered designs, moral rights, design rights (whether registered or unregistered), technical information, know-how, database rights, semiconductor topography rights, business names and logos, computer data, generic rights, proprietary information rights and all other similar proprietary rights (and all applications and rights to apply for registration or protection of any of the foregoing) as may exist anywhere in the world; -“Operating Rules” -means any of our rules or protocols, in whatever form that affect your access to or use of the Services, and made available to you by us from time to time to; -“Privacy Policy” -means our privacy policy published at -  -https://www.languagenut.com/en-gb/data-processing-agreement -  -as amended from time to time; -“Renewal Term” -means a period of 12 months; -“Services” -means the software applications services, ordered online by the you and set out in the confirmation invoice sent to you which are made available to you in accordance with any Operating Rules and including any computer software programmes and, if appropriate, Updates thereto; -“Statistical Data” -means aggregated, anonymised data derived from you or any user’s use of the Services which does not include any personal data; -“Term” -means the Initial Term plus any Renewal Terms together; -“Terms and Conditions” -means these terms of service published at -  -www.languagenut.com/en-gb/terms/ -  -as amended from time to time; -“Updates” -means any new or updated applications services or tools (including any computer software programmes) made available by us during the Term as part of the Services. -“Website” -means www.languagenut.com; -“we”, “us” or “our” -means Languagenut Limited; -“you” or “you” -means the company or person who completes the online registration form for use of the Services; -2. Provision of the Services -2.1 You engage us and we agree to provide the Services to you in accordance with terms of this Agreement from the Effective Date for the Term. -2.2 Access to the Services is only provided to you on condition that either you pay the Fee (if you are an individual member) or you are an Authorised User of an institution that has paid the Fee. We have no obligation under no obligation to provide to access to the Services until the Fee has been paid. -2.3 We will endeavour to ensure that the Services are available 24 hours a day, excluding any scheduled maintenance carried out to the Services. -2.4 We shall provide customer support services from Monday to Friday (excluding any national holidays in the UK) to you by telephone or email from 8 am – 5 pm (UK times) for the purpose of assisting you in maintaining your access to the Services.2.3 Access to the Services is subject to payment of all Fees owed under this Agreement. -2.5 It is your responsibility to ensure that login details are passed on to the relevant person at your school or library to gain access to the Services. -3. Licence -3.1 Subject to payment of the Fees, you are granted a non-exclusive and non-transferable licence to permit Authorised Users to use the Services (including any associated software, Content, Intellectual Property Rights and Confidential Information) from the Effective Date during the Term for your internal business operations. Such licence permits you and Authorised Users to make cache copies of software or other information necessary for your to receive the Services via the Internet. Where open source software is used as part of the Services, this software will be subject to the terms of the applicable open source licences. No additional implied rights are granted beyond those specifically mentioned in this clause 3.1. -3.2 No right to modify, adapt, or translate the Services or create derivative works from the Services is granted to you . Nothing in this Agreement shall be construed to mean, by inference or otherwise, that you have any right to obtain source code for the software comprised within the Services. Disassembly, decompilation or reverse engineering and other source code derivation of the software comprised within the Services is prohibited. Unless otherwise specified in this Agreement, the Services are provided and may be used solely by you as part of your website/desktop architecture. Except as specifically stated in this Agreement, you may not: (i) lease, loan, resell or otherwise distribute the Services save as permitted in writing by us; (ii) use the Services to provide ancillary services related to the Services; or (iii) permit access to or use of the Services by or on behalf of any third party. -3.3 Unless otherwise specified in this Agreement, the Services are provided and may be used solely by you and Authorised Users. You may not: (i) lease, loan, resell, assign, licence, distribute or otherwise permit access to the Services; or (ii) use the Services to provide ancillary services related to the Services; or (iii) except as permitted in this Agreement, permit access to or use of the Services by or on behalf of any third party. -3.4 We may suspend access to the Services, or portion thereof, at any time, if in our sole reasonable discretion, the integrity or security of the Services is in danger of being compromised by your acts or those of Authorised Users. Where possible, we shall give you 24 hours written notice, before suspending access to the Services, giving specific details of our reasons. -4. Authorised Users -4.1 Your subscription to the Services is for a single school/home or institution only. We do not permit you to share your user name and password for use in multiple schools or institutions. If you have purchased a home licence then this is for home only and not to be used in school or an institution. -4.2 Where we allow you to register on behalf of several users within one organisation, we refer to you as a group user, (“ -Group User -”). Any of your Authorised Users who makes use of the Services via this licence shall, subject to the terms of this Agreement, be entitled to continue using the Services as an independent user following termination of that Authorised User’s connection with a Group User, including having access to the information and programs created during the course of that Authorised Users employment with or connection through the Group User.  Each Group User hereby irrevocably agrees to permit such continued access to a leaving Authorised User. A Group User shall have no liability for the leaving Authorised User’s continued use of the Services, following our receipt of a written notice informing us that the individual concerned is no longer connected to the Group User. -5. Passwords and Security -5.1 You are responsible for any and all activities that occur under your account and via your passwords. You will immediately notify us if you become aware of any unauthorised use of an account or password or breach of any breach of security becomes known to you. We shall have no liability for any loss or damage arising from your failure to comply with these requirements. -5.2 We may suspend access to the Services, or portion thereof, at any time, if in our sole reasonable discretion, the integrity or security of the Services is in danger of being compromised by acts of you or Authorised Users. Where possible we shall give you prior notice before suspending access to the Services. -5.3 You (and Authorised Users) shall maintain reasonable security measures (as may change over time) covering, without limitation, confidentiality, authenticity and integrity to ensure that the access to the Services granted under this Agreement is limited as set out under this Agreement. In particular you and Authorised Users shall treat any identification, password or username or other security device for use of the Services with due diligence and care and take all necessary steps to ensure that they are kept confidential, secure and are used properly and are not disclosed to unauthorised persons. Any breach of the above shall be immediately notified to us in writing. You shall be liable for any breach of this Agreement by an Authorised User. -6. Intellectual Property Rights -6.1 All Intellectual Property Rights and title to the Services and Content (save to the extent these incorporate any third party owned item) shall remain with us and/or its licensors and subcontractors. No interest or ownership in the Services, the Intellectual Property Rights, Content or otherwise is transferred to you under this Agreement. Nothing in this Agreement shall be construed to mean, by inference or otherwise, that you have any right to obtain source code for the software comprised within the Services. -6.2 You grants us a perpetual, non-exclusive, transferable, royalty free, worldwide licence to use any information that you upload to the Services, (excluding your personal data). -6.3 You are not allowed to remove any proprietary marks or copyright notices from the Services. -6.4 You assign all rights, title, and interest in any Feedback to us. If for any reason such assignment is ineffective, you shall grant us a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and licence to use, reproduce, disclose, sub-licence, distribute, modify, and exploit such Feedback without restriction. -6.5 We may take and maintain technical precautions to protect the Services from improper or unauthorised use, distribution or copying. -7. Term -7.1 This Agreement shall commence on the Effective Date for the Initial Term. At the expiry of the Initial Term, this Agreement will automatically renew for Renewal Terms and continue until either party terminates the Agreement by giving the other at least 90 days’ notice in writing prior to a Renewal Term. Neither party may terminate the Agreement without cause during the Initial Term. -8. Fees, Invoicing and Payment -8.1 We shall invoice the Fees annually in advance from the Effective Date. All Fees exclude any Value Added Tax legally payable on the date of the invoice, which shall be paid by you in addition, where applicable. -8.2 Fees for your subscription are calculated annually on the anniversary of the Effective Date (unless otherwise stated). -8.3 You undertake that all details provided for the purpose of obtaining the Services will be correct and that any credit card details used are your own and that there are sufficient funds or credit facilities to cover the Fees and that it is your responsibility to update us of any changes to your contact information (including your email address) via support@languagenut.com. -8.4 Fees are payable on the date of each invoice by such method of payment as we request. -8.5 We are under no obligation to provide access to the Services until Fees are paid. -8.6 Where payment of any Fee is not received when due we may, without liability to you, disable your password, account and access to all or part of the Services and we shall be under no obligation to provide any or all of the Services while the invoice(s) concerned remains unpaid. -8.7 We shall be entitled to charge interest on overdue Fees at the applicable statutory rate. -8.8 We reserve the right to recover any costs and reasonable legal fees it incurs in recovering overdue payments. -9. Confidential Information -9.1 You may use Confidential Information only for the purposes of this Agreement. You must keep confidential all Confidential Information disclosed to you, except where the recipient of Confidential Information is required to disclose the Confidential Information by law to any regulatory, governmental or other authority with relevant powers to which either party is subject. -9.2 You may disclose Confidential Information to those of your employees and agents who have a need to know the Confidential Information for the purposes of this Agreement but only if the employee or agent is bound by confidentiality undertakings equivalent to those set out in this Agreement. -9.3 You agree to destroy or return all documents and other materials containing Confidential Information immediately upon completion of the Services or termination or expiry of this Agreement. -9.4 The obligations of confidentiality under this Agreement do not extend to information that: (i)     was rightfully in your possession before the negotiations leading to this Agreement; (ii) is, or after the Effective Date, becomes public knowledge (otherwise than as a result of a breach of this Agreement); or (iii) is lawfully disclosed to you by a third party without restriction on disclosure; or (iv) is independently developed by you, which independent development can be shown by written evidence; or (v) is required by law to be disclosed. -9.5 If you are required to disclose any Confidential Information pursuant to clause 9.4(v) you shall, where lawfully permitted to do so: (i) promptly consult with and take into account any comments from us prior to making any disclosure; and (ii) work us to ensure that any exemptions or other legitimate means of preventing disclosure or limiting disclosure are used to the fullest extent possible. -9.6 You may print and download Content for your own use on the following basis: (i) no documents or related graphics are modified in any way; (ii) no graphics are used separately from accompanying text; and (iii) our copyright and trademark notices and this permission notice appear in all copies of Content. If you breach any terms of this clause 9.6, your permission to use the Services automatically terminates and you must immediately destroy any downloaded or printed Content and remove any such Content from other electronically held systems including other websites. Other than permitted in this clause 9.6, no part of the Content may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. -9.7 Other than any personal data that you provide to us when using the Services and save where we require you to provide specific authorisation within the Services for the use of information or material you provide, any material you transmit or post in the Services will be considered non-confidential and non-proprietary. We have no obligations with respect to such material. We, our agents and other users of the Services will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes, as will other users subject to the provisions of clause 9.6. -9.8 We may require the removal of any material, in whole or in part, uploaded to the Services where such material is, in our view, likely to fall within the provisions of clause 9.9, or which may cause damage to our reputation. We therefore reserve the right to edit and/or remove, in whole or in part, any material uploaded to the Services without notice. -9.9 You are prohibited from posting or transmitting to or from the Services any material: (i) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; (ii) for which you have not obtained all necessary licences; or (iii) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or (iv) which is technically harmful (including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). -9.10 You may not misuse the Services (including without limitation by hacking). -9.11 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 9.9 and 9.10. -9.12 We, and our officers, directors, employees, shareholders, or agents do not accept any liability for the use made by you of any Content. -10. Data Protection -10.1 Each party undertakes to comply with its obligations under relevant applicable data protection laws, principles and agreements. -10.2 To the extent that personal data is processed when you or Authorised Users use the Services, the parties acknowledge that we are a data processor and you are a data controller and the parties shall comply with their respective obligations under applicable data protection law and the terms of the DPA. -10.3 Any personal data that you provide to us during registration or when ordering or using the Services (such as your email address) shall be collected and processed by us in accordance with the Privacy Policy. -10.4 If a third party alleges infringement of its data protection rights, we shall be entitled to take measures necessary to prevent the infringement of a third party’s rights from continuing. -11. Warranties -11.1 Each party warrants and represents that: (i) it has full corporate power and authority to enter into this Agreement and to perform the obligations required hereunder; (ii) the execution and performance of its obligations under this Agreement does not violate or conflict with the terms of any other agreement to which it is a party and is in accordance with any applicable laws; and (iii) it shall respect all applicable laws and regulations, governmental orders and court orders, which relate to this Agreement. -11.2 We warrant to you that: (i) we have the right to license the Services: (ii) the Services shall be performed with reasonable skill and care and in a professional manner in accordance with good industry practice; (iii) that use of the Services will not infringe the Intellectual Property Rights of any third party. The foregoing warranties shall not: (a) cover deficiencies or damages relating to any third-party components not furnished by us; or (b) any third party provided connectivity necessary for the provision or use of the Services. In the event of a breach of the warranties under this clause 11.2, we shall have no liability or obligations to you other than to reimburse the Fees for the Services. -11.3 No warranty is made regarding the results of usage of the Services or that the functionality of the Services will meet the requirements of you or that the Services will operate uninterrupted or error free. This clause shall survive the termination of this Agreement. -11.4 You acknowledges that Services should not be used for high-risk applications where precise locations or features on maps are essential to you. -11.5 All Content provided via the Services, is provided “as is” and we do not warrant the accuracy and completeness of the Content contained within the Services, or the authenticity of data images, sounds, text and other things which are uploaded to the Services by third parties. We may make changes to the Content or to the products and prices described in the Services at any time without notice. The Content in the Services may be out of date, and we make no commitment to update Content. The Content of the Services should only be used for information purposes, and you should not rely on it to make or refrain from making any decision or take or refrain from taking any action. We provide no warranties in relation to Content and shall have no liability whatsoever to you for its use or reliance upon any Content. -11.6 You warrant that you rightfully own the necessary user rights, copyrights and ancillary copyrights and permits required for you to fulfil your obligations under this Agreement. -11.7 You shall ensure that your network and systems comply with the relevant Operating Rules provided by us from time to time and that it is solely responsible for procuring and maintaining its network connections and telecommunications links from your systems to our data centres and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the Internet. -11.8 Except as expressly stated in this Agreement, all warranties and conditions, whether express or implied by statute, common law or otherwise (including but not limited to satisfactory quality and fitness for purpose), are hereby excluded to the fullest extent permitted by law. -12. Liability -12.1 Neither party excludes or limits its liability for: (i) fraud; (ii) death or personal injury caused by any negligent act or omission in connection with the provision or use of the Services; (iii) wilful misconduct; or (iv) anything which cannot lawfully be limited or excluded by applicable law. -12.2 Neither party shall be liable for any Consequential Loss arising out of or related to this Agreement or in tort (including negligence or breach of statutory duty), misrepresentation or however arising, even if the party was advised of the possibility of such damages. -12.3 Subject to clauses 12.1 to 12.3 inclusive the total liability of us to you in aggregate (whether in contract, tort or otherwise) for any and all claims relating to or arising under this Agreement or based upon any claim for indemnity or contribution shall be limited to the total Fees (excluding all taxes) paid by you to us during the 12 month period prior to the date on which any such claim arose. If the duration of the Agreement has been less than 12 months, such shorter period shall apply. -12.4 Subject to clause 4.2, you shall be liable for any breaches of this Agreement caused by the acts, omissions or negligence of any Authorised Users who access the Services as if such acts, omissions, or negligence had been committed by you. -12.5 The parties acknowledge and agree that in entering into this Agreement, each had recourse to its own skill and judgement and have not relied on any representation made by the other, their employees or agents. -13. Indemnity -13.1. You agree to fully indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless on demand, from and against all claims, liability, damages, fines, losses, costs and expenses, including reasonable legal fees, arising out of: (i) any breach of a third party’s rights caused by you (or where you are a Group User, by any Authorised User’s) use of the Services in breach of the terms of this Agreement; or (ii) any other liabilities arising out of your or an Authorised User’s use of the Services; or (ii) use by any third party accessing the Services using your logins or passwords. -14. Links to and from other websites -14.1. We are not responsible for the content of any websites linked to the Services. We provide these links solely for convenience. If you use these links, you leave our Website. We have not reviewed all of these third-party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk. -14.2 If you would like to link to our Services you may do so on the basis that you link to, but do not replicate, the home page of our Website and subject to the following conditions: (i) you do not remove, distort, or otherwise alter the size or appearance of our logos; (ii) you do not create a frame or any other browser or border environment around our Website; (iii) you do not in any way imply that we are endorsing any products or services other than our own; (iv) you do not misrepresent your relationship with us nor present any other false information about us; (iv) you do not otherwise use any Languagenut.com trademarks displayed on the Website, without express written permission from us; (v) you do not link from a website that is not owned by you; and (vi) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. -14.3 We expressly reserve the right to revoke the rights granted in clause 14.2 for any breach of this Agreement and reserve the right to take any action that we deem appropriate for such breach. -15. Termination -15.1 We may immediately terminate this Agreement or the provision of any Services provided pursuant to this Agreement if: (i) you have used or permitted the use of the Services other than in accordance with this Agreement; or (ii) we are prohibited under applicable law, or otherwise from providing the Services. -15.2 Either party shall be entitled to terminate this Agreement on written notice to the other party if the other party: (i) goes into voluntary or involuntary liquidation (otherwise than for the purpose of a solvent reconstruction or amalgamation) or has a receiver or administrator or similar person appointed or is unable to pay its debts within the meaning of s268 Insolvency Act 1986 or ceases or threatens to cease to carry on business or if any event occurs which is analogous to any of the foregoing in another jurisdiction; or (ii) commits a material breach of any term of this Agreement which, if capable of remedy, is not remedied within five (5) Business Days of receipt of a written notice specifying the breach and requiring it to be remedied; or (iii) is prevented by Force Majeure from fulfilling its obligations for more than twenty eight (28) days. -15.3 Upon termination of this Agreement we shall immediately cease providing the Services to you and all licences granted hereunder shall terminate. No Fees already paid shall be refunded if the Agreement is terminated prior to the end of the Term. -15.4 At your option and following receipt of a request from you, we shall delete (in accordance with the terms of the DPA) or return all personal data stored in our database in its then current format, free of charge, provided that such request is made within 30 days of termination. If you require any personal data to be returned in a different format we reserve the right to charge for this additional service on a time and materials basis. -15.5 Termination of this Agreement for whatever reason shall not affect the accrued rights of the parties. All clauses which by their nature should continue after termination shall, for the avoidance of doubt, survive the expiration or sooner termination of this Agreement and shall remain in force and effect. -16. Assignment -No party may assign or transfer its rights under this Agreement without the prior written consent of the other party, such consent shall not be unreasonably withheld, however we shall be entitled to assign the Agreement to: (i) any company in our group of companies; or (ii) any entity that purchases our shares or assets as the result of a merger, takeover or similar event. -17. Force Majeure -If a party is wholly or partially prevented by Force Majeure from complying with its obligations under this Agreement, then that party’s obligation to perform in accordance with this Agreement will be suspended. As soon as practicable after an event of Force Majeure arises, the party affected by Force Majeure must notify the other party of the extent to which the notifying party is unable to perform its obligations under this Agreement. If the Force Majeure event lasts for more than 28 days, the non-defaulting party may terminate this Agreement with immediate effect without penalty. -18. Miscellaneous -18.1 The parties are independent contractors and nothing in this Agreement will be construed as creating an employer-employee relationship. -18.2 Nothing contained in this Agreement or in any instrument or document executed by any party in connection with the provision of the Services is intended to be enforceable by a third party under the Contracts (Rights of Third Parties) Act 1999, or any similar legislation in any applicable jurisdiction. -18.3 Should a provision of this Agreement be invalid or become invalid then the legal effect of the other provisions shall be unaffected. A valid provision is deemed to have been agreed which comes closest to what the parties intended commercially and shall replace the invalid provision. The same shall apply to any omissions. -18.4 This Agreement constitutes the whole agreement and understanding between the parties and supersedes all prior agreements, representations, negotiations, and discussions between the parties relating to the subject matter thereof. -18.5 In the event of any inconsistency between the content of the Terms and Conditions, the DPA and the Privacy Policy, the Terms and Conditions shall prevail followed by the DPA and then the Privacy Policy. -18.6 Amendments to, or notices to be sent under this Agreement, shall be in writing and shall be deemed to have been duly given if sent by registered post to a party at the address given for that party in this Agreement. Notwithstanding the aforesaid, we may change or modify the terms of this Agreement upon giving you 30 days notice via email to the email address used for billing purposes. All changes shall be deemed to have been accepted by you unless you terminate the Agreement prior to the expiry of the 30-day period. -18.5 This Agreement shall be governed by the laws of England and Wales. The courts of England shall have exclusive jurisdiction for the settlement of all disputes arising under this Agreement. -T&Cs -Privacy Policy -FAQs + + Please read these Terms of Service carefully before registering for a + chargeable subscription to use the Services offered on this website, + operated by Languagenut Limited, with its registered office at Projects + The Lanes, Nile House, Nile Street, Brighton, England, company number + 07401600, VAT number 983 9715 59. + + By registering for a chargeable subscription to use the Services at + www.languagenut.com, and clicking on the accept buttons relating to our + Terms of Service, , you agree to be legally bound by these Terms of + Service, DPA and Privacy Policy as they may be modified and posted on + our website from time to time. In the event of any inconsistency + between the content of the Terms of Service, DPA and the Privacy + Policy, the Terms of Service shall prevail followed by the DPA and then + the Privacy Policy. + + If you do not wish to be bound by these Terms of Service, DPA and + Privacy Policy then you may not register to use a free trial or + purchase our Services. + + 1. Definitions + + In this Agreement, the following capitalised words shall have the + following meanings: + "Agreement" means these Terms of Service, DPA and Privacy Policy + together; + "Authorised User" means your employees, agents, consultant or + independent contractors or students who have been expressly authorised + by you to receive a password in order to access the Services online; + "Confidential Information" means any and all information in whatsoever + form relating to our business, prospective business, finances, + technical processes, computer software (both source code and object + code), Intellectual Property Rights or finances, or compilations of two + or more items of such information, whether or not each individual item + is in itself confidential, which comes into our possession by virtue of + its entry into this Agreement or provision of the Services, and which + we regard, or could reasonably be expected to regard, as confidential + and any and all information which has been or may be derived or + obtained from any such information and includes all Content; + "Consequential Loss" means pure economic loss, special loss, losses + incurred by any third party, losses arising from business interruption, + loss of business revenue, goodwill or anticipated savings, losses + whether or not occurring in the normal course of business, costs of + procuring substitute goods or product(s) or wasted management or staff + time; + "Content" means all information or materials made available to you via + the Services; + "DPA" means our data processing agreement published at + www.languagenut.com/en-gb/data-processing-agreement as amended from + time to time; + "Effective Date" means the date on which we send you a confirmation + invoice, confirming your order of the Services and providing you with + login details; + "Feedback" means feedback, innovations or suggestions created by the + you or Authorised Users regarding the attributes, performance or + features of the Services; + "Fees" means the fees set out in the confirmation invoice sent to you; + "Force Majeure" means anything outside the reasonable control of a + party, including but not limited to, acts of God, fire, storm, flood, + earthquake, explosion, accident, acts of the public enemy, war, + rebellion, insurrection, sabotage, pandemic, epidemic, quarantine + restriction, labour dispute, labour shortage, power shortage, including + without limitation where we cease to be entitled to access the Internet + for whatever reason, transportation embargo, failure or delay in + transportation, any act or omission (including laws, regulations, + disapprovals or failures to approve) of any government or government + agency; + "Initial Term" means a period of 12 months starting on the Effective + Date; + "Intellectual Property Rights" means all copyrights, patents, utility + models, trademarks, service marks, registered designs, moral rights, + design rights (whether registered or unregistered), technical + information, know-how, database rights, semiconductor topography + rights, business names and logos, computer data, generic rights, + proprietary information rights and all other similar proprietary rights + (and all applications and rights to apply for registration or + protection of any of the foregoing) as may exist anywhere in the world; + "Operating Rules" means any of our rules or protocols, in whatever form + that affect your access to or use of the Services, and made available + to you by us from time to time to; + "Privacy Policy" means our privacy policy published + at https://www.languagenut.com/en-gb/data-processing-agreement as + amended from time to time; + "Renewal Term" means a period of 12 months; + "Services" means the software applications services, ordered online by + the you and set out in the confirmation invoice sent to you which are + made available to you in accordance with any Operating Rules and + including any computer software programmes and, if appropriate, Updates + thereto; + "Statistical Data" means aggregated, anonymised data derived from you + or any user's use of the Services which does not include any personal + data; + "Term" means the Initial Term plus any Renewal Terms together; + "Terms and Conditions" means these terms of service published + at www.languagenut.com/en-gb/terms/ as amended from time to time; + "Updates" means any new or updated applications services or tools + (including any computer software programmes) made available by us + during the Term as part of the Services. + "Website" means www.languagenut.com; + "we", "us" or "our" means Languagenut Limited; + "you" or "you" means the company or person who completes the online + registration form for use of the Services; + + 2. Provision of the Services + + 2.1 You engage us and we agree to provide the Services to you in + accordance with terms of this Agreement from the Effective Date for the + Term. + + 2.2 Access to the Services is only provided to you on condition that + either you pay the Fee (if you are an individual member) or you are an + Authorised User of an institution that has paid the Fee. We have no + obligation under no obligation to provide to access to the Services + until the Fee has been paid. + + 2.3 We will endeavour to ensure that the Services are available 24 + hours a day, excluding any scheduled maintenance carried out to the + Services. + + 2.4 We shall provide customer support services from Monday to Friday + (excluding any national holidays in the UK) to you by telephone or + email from 8 am - 5 pm (UK times) for the purpose of assisting you in + maintaining your access to the Services.2.3 Access to the Services is + subject to payment of all Fees owed under this Agreement. + + 2.5 It is your responsibility to ensure that login details are passed + on to the relevant person at your school or library to gain access to + the Services. + + 3. Licence + + 3.1 Subject to payment of the Fees, you are granted a non-exclusive and + non-transferable licence to permit Authorised Users to use the Services + (including any associated software, Content, Intellectual Property + Rights and Confidential Information) from the Effective Date during the + Term for your internal business operations. Such licence permits you + and Authorised Users to make cache copies of software or other + information necessary for your to receive the Services via the + Internet. Where open source software is used as part of the Services, + this software will be subject to the terms of the applicable open + source licences. No additional implied rights are granted beyond those + specifically mentioned in this clause 3.1. + + 3.2 No right to modify, adapt, or translate the Services or create + derivative works from the Services is granted to you . Nothing in this + Agreement shall be construed to mean, by inference or otherwise, that + you have any right to obtain source code for the software comprised + within the Services. Disassembly, decompilation or reverse engineering + and other source code derivation of the software comprised within the + Services is prohibited. Unless otherwise specified in this Agreement, + the Services are provided and may be used solely by you as part of your + website/desktop architecture. Except as specifically stated in this + Agreement, you may not: (i) lease, loan, resell or otherwise distribute + the Services save as permitted in writing by us; (ii) use the Services + to provide ancillary services related to the Services; or (iii) permit + access to or use of the Services by or on behalf of any third party. + + 3.3 Unless otherwise specified in this Agreement, the Services are + provided and may be used solely by you and Authorised Users. You may + not: (i) lease, loan, resell, assign, licence, distribute or otherwise + permit access to the Services; or (ii) use the Services to provide + ancillary services related to the Services; or (iii) except as + permitted in this Agreement, permit access to or use of the Services by + or on behalf of any third party. + + 3.4 We may suspend access to the Services, or portion thereof, at any + time, if in our sole reasonable discretion, the integrity or security + of the Services is in danger of being compromised by your acts or those + of Authorised Users. Where possible, we shall give you 24 hours written + notice, before suspending access to the Services, giving specific + details of our reasons. + + 4. Authorised Users + + 4.1 Your subscription to the Services is for a single school/home or + institution only. We do not permit you to share your user name and + password for use in multiple schools or institutions. If you have + purchased a home licence then this is for home only and not to be used + in school or an institution. + + 4.2 Where we allow you to register on behalf of several users within + one organisation, we refer to you as a group user, ("Group User"). Any + of your Authorised Users who makes use of the Services via this licence + shall, subject to the terms of this Agreement, be entitled to continue + using the Services as an independent user following termination of that + Authorised User's connection with a Group User, including having access + to the information and programs created during the course of that + Authorised Users employment with or connection through the Group User. + Each Group User hereby irrevocably agrees to permit such continued + access to a leaving Authorised User. A Group User shall have no + liability for the leaving Authorised User's continued use of the + Services, following our receipt of a written notice informing us that + the individual concerned is no longer connected to the Group User. + + 5. Passwords and Security + + 5.1 You are responsible for any and all activities that occur under + your account and via your passwords. You will immediately notify us if + you become aware of any unauthorised use of an account or password or + breach of any breach of security becomes known to you. We shall have no + liability for any loss or damage arising from your failure to comply + with these requirements. + + 5.2 We may suspend access to the Services, or portion thereof, at any + time, if in our sole reasonable discretion, the integrity or security + of the Services is in danger of being compromised by acts of you or + Authorised Users. Where possible we shall give you prior notice before + suspending access to the Services. + + 5.3 You (and Authorised Users) shall maintain reasonable security + measures (as may change over time) covering, without limitation, + confidentiality, authenticity and integrity to ensure that the access + to the Services granted under this Agreement is limited as set out + under this Agreement. In particular you and Authorised Users shall + treat any identification, password or username or other security device + for use of the Services with due diligence and care and take all + necessary steps to ensure that they are kept confidential, secure and + are used properly and are not disclosed to unauthorised persons. Any + breach of the above shall be immediately notified to us in writing. You + shall be liable for any breach of this Agreement by an Authorised User. + + 6. Intellectual Property Rights + + 6.1 All Intellectual Property Rights and title to the Services and + Content (save to the extent these incorporate any third party owned + item) shall remain with us and/or its licensors and subcontractors. No + interest or ownership in the Services, the Intellectual Property + Rights, Content or otherwise is transferred to you under this + Agreement. Nothing in this Agreement shall be construed to mean, by + inference or otherwise, that you have any right to obtain source code + for the software comprised within the Services. + + 6.2 You grants us a perpetual, non-exclusive, transferable, royalty + free, worldwide licence to use any information that you upload to the + Services, (excluding your personal data). + + 6.3 You are not allowed to remove any proprietary marks or copyright + notices from the Services. + + 6.4 You assign all rights, title, and interest in any Feedback to us. + If for any reason such assignment is ineffective, you shall grant us a + non-exclusive, perpetual, irrevocable, royalty free, worldwide right + and licence to use, reproduce, disclose, sub-licence, distribute, + modify, and exploit such Feedback without restriction. + + 6.5 We may take and maintain technical precautions to protect the + Services from improper or unauthorised use, distribution or copying. + + 7. Term + + 7.1 This Agreement shall commence on the Effective Date for the Initial + Term. At the expiry of the Initial Term, this Agreement will + automatically renew for Renewal Terms and continue until either party + terminates the Agreement by giving the other at least 90 days' notice + in writing prior to a Renewal Term. Neither party may terminate the + Agreement without cause during the Initial Term. + + 8. Fees, Invoicing and Payment + + 8.1 We shall invoice the Fees annually in advance from the Effective + Date. All Fees exclude any Value Added Tax legally payable on the date + of the invoice, which shall be paid by you in addition, where + applicable. + + 8.2 Fees for your subscription are calculated annually on the + anniversary of the Effective Date (unless otherwise stated). + + 8.3 You undertake that all details provided for the purpose of + obtaining the Services will be correct and that any credit card details + used are your own and that there are sufficient funds or credit + facilities to cover the Fees and that it is your responsibility to + update us of any changes to your contact information (including your + email address) via support@languagenut.com. + + 8.4 Fees are payable on the date of each invoice by such method of + payment as we request. + + 8.5 We are under no obligation to provide access to the Services until + Fees are paid. + + 8.6 Where payment of any Fee is not received when due we may, without + liability to you, disable your password, account and access to all or + part of the Services and we shall be under no obligation to provide any + or all of the Services while the invoice(s) concerned remains unpaid. + + 8.7 We shall be entitled to charge interest on overdue Fees at the + applicable statutory rate. + + 8.8 We reserve the right to recover any costs and reasonable legal fees + it incurs in recovering overdue payments. + + 9. Confidential Information + + 9.1 You may use Confidential Information only for the purposes of this + Agreement. You must keep confidential all Confidential Information + disclosed to you, except where the recipient of Confidential + Information is required to disclose the Confidential Information by law + to any regulatory, governmental or other authority with relevant powers + to which either party is subject. + + 9.2 You may disclose Confidential Information to those of your + employees and agents who have a need to know the Confidential + Information for the purposes of this Agreement but only if the employee + or agent is bound by confidentiality undertakings equivalent to those + set out in this Agreement. + + 9.3 You agree to destroy or return all documents and other materials + containing Confidential Information immediately upon completion of the + Services or termination or expiry of this Agreement. + + 9.4 The obligations of confidentiality under this Agreement do not + extend to information that: (i) was rightfully in your possession + before the negotiations leading to this Agreement; (ii) is, or after + the Effective Date, becomes public knowledge (otherwise than as a + result of a breach of this Agreement); or (iii) is lawfully disclosed + to you by a third party without restriction on disclosure; or (iv) is + independently developed by you, which independent development can be + shown by written evidence; or (v) is required by law to be disclosed. + + 9.5 If you are required to disclose any Confidential Information + pursuant to clause 9.4(v) you shall, where lawfully permitted to do so: + (i) promptly consult with and take into account any comments from us + prior to making any disclosure; and (ii) work us to ensure that any + exemptions or other legitimate means of preventing disclosure or + limiting disclosure are used to the fullest extent possible. + + 9.6 You may print and download Content for your own use on the + following basis: (i) no documents or related graphics are modified in + any way; (ii) no graphics are used separately from accompanying text; + and (iii) our copyright and trademark notices and this permission + notice appear in all copies of Content. If you breach any terms of this + clause 9.6, your permission to use the Services automatically + terminates and you must immediately destroy any downloaded or printed + Content and remove any such Content from other electronically held + systems including other websites. Other than permitted in this clause + 9.6, no part of the Content may be reproduced or stored in any other + website or included in any public or private electronic retrieval + system or service without our prior written permission. + + 9.7 Other than any personal data that you provide to us when using the + Services and save where we require you to provide specific + authorisation within the Services for the use of information or + material you provide, any material you transmit or post in the Services + will be considered non-confidential and non-proprietary. We have no + obligations with respect to such material. We, our agents and other + users of the Services will be free to copy, disclose, distribute, + incorporate and otherwise use such material and all data images, + sounds, text and other things embodied therein for any and all + commercial or non-commercial purposes, as will other users subject to + the provisions of clause 9.6. + + 9.8 We may require the removal of any material, in whole or in part, + uploaded to the Services where such material is, in our view, likely to + fall within the provisions of clause 9.9, or which may cause damage to + our reputation. We therefore reserve the right to edit and/or remove, + in whole or in part, any material uploaded to the Services without + notice. + + 9.9 You are prohibited from posting or transmitting to or from the + Services any material: (i) that is threatening, defamatory, obscene, + indecent, seditious, offensive, pornographic, abusive, liable to incite + racial hatred, discriminatory, menacing, scandalous, inflammatory, + blasphemous, in breach of confidence, in breach of privacy or which may + cause annoyance or inconvenience; (ii) for which you have not obtained + all necessary licences; or (iii) which constitutes or encourages + conduct that would be considered a criminal offence, give rise to civil + liability, or otherwise be contrary to the law of or infringe the + rights of any third party, in the UK or any other country in the world; + or (iv) which is technically harmful (including without limitation, + computer viruses, logic bombs, Trojan horses, worms, harmful + components, corrupted data or other malicious software or harmful + data). + + 9.10 You may not misuse the Services (including without limitation by + hacking). + + 9.11 We will fully co-operate with any law enforcement authorities or + court order requesting or directing us to disclose the identity or + locate anyone posting any material in breach of clauses 9.9 and 9.10. + + 9.12 We, and our officers, directors, employees, shareholders, or + agents do not accept any liability for the use made by you of any + Content. + + 10. Data Protection + + 10.1 Each party undertakes to comply with its obligations under + relevant applicable data protection laws, principles and agreements. + + 10.2 To the extent that personal data is processed when you or + Authorised Users use the Services, the parties acknowledge that we are + a data processor and you are a data controller and the parties shall + comply with their respective obligations under applicable data + protection law and the terms of the DPA. + + 10.3 Any personal data that you provide to us during registration or + when ordering or using the Services (such as your email address) shall + be collected and processed by us in accordance with the Privacy Policy. + + 10.4 If a third party alleges infringement of its data protection + rights, we shall be entitled to take measures necessary to prevent the + infringement of a third party's rights from continuing. + + 11. Warranties + + 11.1 Each party warrants and represents that: (i) it has full corporate + power and authority to enter into this Agreement and to perform the + obligations required hereunder; (ii) the execution and performance of + its obligations under this Agreement does not violate or conflict with + the terms of any other agreement to which it is a party and is in + accordance with any applicable laws; and (iii) it shall respect all + applicable laws and regulations, governmental orders and court orders, + which relate to this Agreement. + + 11.2 We warrant to you that: (i) we have the right to license the + Services: (ii) the Services shall be performed with reasonable skill + and care and in a professional manner in accordance with good industry + practice; (iii) that use of the Services will not infringe the + Intellectual Property Rights of any third party. The foregoing + warranties shall not: (a) cover deficiencies or damages relating to any + third-party components not furnished by us; or (b) any third party + provided connectivity necessary for the provision or use of the + Services. In the event of a breach of the warranties under this clause + 11.2, we shall have no liability or obligations to you other than to + reimburse the Fees for the Services. + + 11.3 No warranty is made regarding the results of usage of the Services + or that the functionality of the Services will meet the requirements of + you or that the Services will operate uninterrupted or error free. This + clause shall survive the termination of this Agreement. + + 11.4 You acknowledges that Services should not be used for high-risk + applications where precise locations or features on maps are essential + to you. + + 11.5 All Content provided via the Services, is provided "as is" and we + do not warrant the accuracy and completeness of the Content contained + within the Services, or the authenticity of data images, sounds, text + and other things which are uploaded to the Services by third parties. + We may make changes to the Content or to the products and prices + described in the Services at any time without notice. The Content in + the Services may be out of date, and we make no commitment to update + Content. The Content of the Services should only be used for + information purposes, and you should not rely on it to make or refrain + from making any decision or take or refrain from taking any action. We + provide no warranties in relation to Content and shall have no + liability whatsoever to you for its use or reliance upon any Content. + + 11.6 You warrant that you rightfully own the necessary user rights, + copyrights and ancillary copyrights and permits required for you to + fulfil your obligations under this Agreement. + + 11.7 You shall ensure that your network and systems comply with the + relevant Operating Rules provided by us from time to time and that it + is solely responsible for procuring and maintaining its network + connections and telecommunications links from your systems to our data + centres and all problems, conditions, delays, delivery failures and all + other loss or damage arising from or relating to your network + connections or telecommunications links or caused by the Internet. + + 11.8 Except as expressly stated in this Agreement, all warranties and + conditions, whether express or implied by statute, common law or + otherwise (including but not limited to satisfactory quality and + fitness for purpose), are hereby excluded to the fullest extent + permitted by law. + + 12. Liability + + 12.1 Neither party excludes or limits its liability for: (i) fraud; + (ii) death or personal injury caused by any negligent act or omission + in connection with the provision or use of the Services; (iii) wilful + misconduct; or (iv) anything which cannot lawfully be limited or + excluded by applicable law. + + 12.2 Neither party shall be liable for any Consequential Loss arising + out of or related to this Agreement or in tort (including negligence or + breach of statutory duty), misrepresentation or however arising, even + if the party was advised of the possibility of such damages. + + 12.3 Subject to clauses 12.1 to 12.3 inclusive the total liability of + us to you in aggregate (whether in contract, tort or otherwise) for any + and all claims relating to or arising under this Agreement or based + upon any claim for indemnity or contribution shall be limited to the + total Fees (excluding all taxes) paid by you to us during the 12 month + period prior to the date on which any such claim arose. If the duration + of the Agreement has been less than 12 months, such shorter period + shall apply. + + 12.4 Subject to clause 4.2, you shall be liable for any breaches of + this Agreement caused by the acts, omissions or negligence of any + Authorised Users who access the Services as if such acts, omissions, or + negligence had been committed by you. + + 12.5 The parties acknowledge and agree that in entering into this + Agreement, each had recourse to its own skill and judgement and have + not relied on any representation made by the other, their employees or + agents. + + 13. Indemnity + + 13.1. You agree to fully indemnify, defend and hold us, and our + officers, directors, employees, agents and suppliers, harmless on + demand, from and against all claims, liability, damages, fines, losses, + costs and expenses, including reasonable legal fees, arising out of: + (i) any breach of a third party's rights caused by you (or where you + are a Group User, by any Authorised User's) use of the Services in + breach of the terms of this Agreement; or (ii) any other liabilities + arising out of your or an Authorised User's use of the Services; or + (ii) use by any third party accessing the Services using your logins or + passwords. + + 14. Links to and from other websites + + 14.1. We are not responsible for the content of any websites linked to + the Services. We provide these links solely for convenience. If you use + these links, you leave our Website. We have not reviewed all of these + third-party websites and do not control and are not responsible for + these websites or their content or availability. We therefore do not + endorse or make any representations about them, or any material found + there, or any results that may be obtained from using them. If you + decide to access any of the third-party websites linked to the + Services, you do so entirely at your own risk. + + 14.2 If you would like to link to our Services you may do so on the + basis that you link to, but do not replicate, the home page of our + Website and subject to the following conditions: (i) you do not remove, + distort, or otherwise alter the size or appearance of our logos; (ii) + you do not create a frame or any other browser or border environment + around our Website; (iii) you do not in any way imply that we are + endorsing any products or services other than our own; (iv) you do not + misrepresent your relationship with us nor present any other false + information about us; (iv) you do not otherwise use any Languagenut.com + trademarks displayed on the Website, without express written permission + from us; (v) you do not link from a website that is not owned by you; + and (vi) your website does not contain content that is distasteful, + offensive or controversial, infringes any intellectual property rights + or other rights of any other person or otherwise does not comply with + all applicable laws and regulations. + + 14.3 We expressly reserve the right to revoke the rights granted in + clause 14.2 for any breach of this Agreement and reserve the right to + take any action that we deem appropriate for such breach. + + 15. Termination + + 15.1 We may immediately terminate this Agreement or the provision of + any Services provided pursuant to this Agreement if: (i) you have used + or permitted the use of the Services other than in accordance with this + Agreement; or (ii) we are prohibited under applicable law, or otherwise + from providing the Services. + + 15.2 Either party shall be entitled to terminate this Agreement on + written notice to the other party if the other party: (i) goes into + voluntary or involuntary liquidation (otherwise than for the purpose of + a solvent reconstruction or amalgamation) or has a receiver or + administrator or similar person appointed or is unable to pay its debts + within the meaning of s268 Insolvency Act 1986 or ceases or threatens + to cease to carry on business or if any event occurs which is analogous + to any of the foregoing in another jurisdiction; or (ii) commits a + material breach of any term of this Agreement which, if capable of + remedy, is not remedied within five (5) Business Days of receipt of a + written notice specifying the breach and requiring it to be remedied; + or (iii) is prevented by Force Majeure from fulfilling its obligations + for more than twenty eight (28) days. + + 15.3 Upon termination of this Agreement we shall immediately cease + providing the Services to you and all licences granted hereunder shall + terminate. No Fees already paid shall be refunded if the Agreement is + terminated prior to the end of the Term. + + 15.4 At your option and following receipt of a request from you, we + shall delete (in accordance with the terms of the DPA) or return all + personal data stored in our database in its then current format, free + of charge, provided that such request is made within 30 days of + termination. If you require any personal data to be returned in a + different format we reserve the right to charge for this additional + service on a time and materials basis. + + 15.5 Termination of this Agreement for whatever reason shall not affect + the accrued rights of the parties. All clauses which by their nature + should continue after termination shall, for the avoidance of doubt, + survive the expiration or sooner termination of this Agreement and + shall remain in force and effect. + + 16. Assignment + + No party may assign or transfer its rights under this Agreement without + the prior written consent of the other party, such consent shall not be + unreasonably withheld, however we shall be entitled to assign the + Agreement to: (i) any company in our group of companies; or (ii) any + entity that purchases our shares or assets as the result of a merger, + takeover or similar event. + + 17. Force Majeure + + If a party is wholly or partially prevented by Force Majeure from + complying with its obligations under this Agreement, then that party's + obligation to perform in accordance with this Agreement will be + suspended. As soon as practicable after an event of Force Majeure + arises, the party affected by Force Majeure must notify the other party + of the extent to which the notifying party is unable to perform its + obligations under this Agreement. If the Force Majeure event lasts for + more than 28 days, the non-defaulting party may terminate this + Agreement with immediate effect without penalty. + + 18. Miscellaneous + + 18.1 The parties are independent contractors and nothing in this + Agreement will be construed as creating an employer-employee + relationship. + + 18.2 Nothing contained in this Agreement or in any instrument or + document executed by any party in connection with the provision of the + Services is intended to be enforceable by a third party under the + Contracts (Rights of Third Parties) Act 1999, or any similar + legislation in any applicable jurisdiction. + + 18.3 Should a provision of this Agreement be invalid or become invalid + then the legal effect of the other provisions shall be unaffected. A + valid provision is deemed to have been agreed which comes closest to + what the parties intended commercially and shall replace the invalid + provision. The same shall apply to any omissions. + + 18.4 This Agreement constitutes the whole agreement and understanding + between the parties and supersedes all prior agreements, + representations, negotiations, and discussions between the parties + relating to the subject matter thereof. + + 18.5 In the event of any inconsistency between the content of the Terms + and Conditions, the DPA and the Privacy Policy, the Terms and + Conditions shall prevail followed by the DPA and then the Privacy + Policy. + + 18.6 Amendments to, or notices to be sent under this Agreement, shall + be in writing and shall be deemed to have been duly given if sent by + registered post to a party at the address given for that party in this + Agreement. Notwithstanding the aforesaid, we may change or modify the + terms of this Agreement upon giving you 30 days notice via email to the + email address used for billing purposes. All changes shall be deemed to + have been accepted by you unless you terminate the Agreement prior to + the expiry of the 30-day period. + + 18.5 This Agreement shall be governed by the laws of England and Wales. + The courts of England shall have exclusive jurisdiction for the + settlement of all disputes arising under this Agreement. + + * T&Cs + * Privacy Policy + * FAQs diff --git a/seesaw_privacy.txt b/seesaw_privacy.txt index 78c147d..5557087 100644 --- a/seesaw_privacy.txt +++ b/seesaw_privacy.txt @@ -2,236 +2,638 @@ SITE: seesaw_privacy URL: https://web.seesaw.me/privacy-policy -1. Introduction -Seesaw’s mission is to create an environment where students can be their best. Protecting your privacy is fundamental to our mission and business. This Privacy Policy governs the use of Personal Information collected by our websites at seesaw.me, the Seesaw Applications, and any other online or offline offerings (collectively “the Seesaw Service”, “the Service”, “Seesaw”, “we”, “us”, or “our”). This includes, for example, personally identifiable information that we collect when you create an account (“Account Information”), content added to class journals (“Journal Content”), activities teachers create (“Activities”), and messages (“Messages”) sent via Seesaw. -  -In order to use Seesaw, you must create an account and agree to this Privacy Policy. If you don’t agree with this Privacy Policy, you cannot use Seesaw. You can contact us anytime with questions about this policy at privacy@seesaw.me. -  -For purposes of this Privacy Policy, “Personal Information” means any information about an identifiable individual or information that can be used to identify an individual, and includes “Personal Data” as that term is defined under the European Union General Data Protection Regulation (“GDPR”). “Student Data” means any personal information, metadata, or content directly attributable to a student user. -  -2. Changes to Our Privacy Policy -  -Seesaw may from time to time make changes to this Privacy Policy to account for changes to our practices or applicable law. If we make changes to this Privacy Policy that materially affect your rights, we will notify you by email about these changes, and post a notice to our service, or otherwise contact you as required under applicable law. Your continued use of the Services following notification by Seesaw means you thereby agree to the new Privacy Policy. -  -3. Seesaw and FERPA -  -Data collected by Seesaw includes Student Data from education records that are subject to the Family Educational Rights and Privacy Act, “FERPA”, (“FERPA Records”), including student names, parent or guardian (collectively, “Family Member”) names, Messages, and Journal Content. To the extent that Student Data includes FERPA Records, you designate Seesaw as a “School Official” (as that term is used in FERPA and its implementing regulations) under the direct control of the school with regard to the use and maintenance of the FERPA Records and Seesaw agrees to comply with FERPA. -  -4. Seesaw and COPPA -  -The Children’s Online Privacy Protection Act protects personal information belonging to a child younger than 13. How we collect information from users under 13, the types of information we collect, and the reasons for collecting this information are described in Sections 7, 8, and 9, respectively. We do not require users younger than 13 to disclose more information than is reasonably necessary to use the Services. -  -We use a handful of analytics providers in relation to all users, including users under 13, to help us improve the Services. These third-party service providers do not use your data for any purpose other than to provide the Services. You can view a list of Seesaw’s third-party service providers and review their privacy policies here: https://seesaw.com/subprocessor. If you have questions about our third-party service providers, you can contact us at privacy@seesaw.me. -  -Information for parents or guardians on how to correct, edit, download, update, or delete data about your student can be found in Sections 17 and 18 below. -  -5. Who does Seesaw collect information from? -  -We collect information from individuals who create accounts on Seesaw, which includes teachers, students, and Family Members. We also collect limited log data from all visitors to our marketing website. -  -6. How does Seesaw obtain my information? -  -We receive information from the information that you and others provide, from your device(s), and from third-party services. The categories of sources from which we’ve collected or received information include: -You: We collect the content, communications, and other information you provide when you use Seesaw. -Other people: We collect information that other people provide when they use Seesaw, such as when a teacher adds a parent’s phone number to send updates about a student’s work. -Your device(s): We collect information from and about the computers, phones, and other web-connected devices you use with Seesaw. -Third-Parties: When you create a Seesaw account using a third-party service (e.g. Google or Clever), we access the name, profile picture, and email address (if available) provided by these services. -7. What information does Seesaw collect? -  -Account Information: When you create an account on Seesaw we collect your name, email address, password, and optional profile picture. Seesaw may also collect your phone number if you enter it in your Account Settings. Teachers using Seesaw may add a Family Member’s email or phone number to Seesaw in order to send messages or updates about school work. We do not collect student phone numbers. -Students are not permitted to create an account by themselves but must be invited to a Seesaw class by a teacher or school administrator. Where students have permission to use Seesaw, Seesaw collects personally identifiable information that is necessary to provide the Service, including a student’s name, email address, and optional profile picture. This information may be entered by a teacher or the student or populated from the student’s account with a third-party sign-in service, such as their Google account. -  -Users can make changes to their profile, messaging preferences, and other account details in Account Settings. -  -Journal Content: Seesaw collects content that is added to a class or student journal. This content may include photos, audiovisual content (including from your device’s camera, microphone, or photo/video library), drawings, files, notes, hyperlinks, and other ways of documenting student learning. We regularly add types of information that can be uploaded to a Journal, and these are all covered by this Policy. We also collect comments on posts in the class and student journals, including text and voice recordings. Journal Content that is uploaded by a student or teacher may be considered a student education record as defined by FERPA. -  -Messages: Seesaw collects all messages that are sent and received in Seesaw. Messages may include text, audio, video, photos, drawings, files, notes, hyperlinks, or other information. -Activities: Teachers may use Seesaw to create activities to use with their students. Activities may include text or voice instructions for how to complete the activity, an example of a correct response, or a template for students to edit. -  -Activity Author Profiles: Teachers who choose to publish their activities to the Community Activity Library or the Activity Library managed by their school or district can also create an Activity Author Profile. This includes the name and profile picture they choose to publish on their Author Profile, as well as their school name and location. -  -Communications: Seesaw collects any information you send to us directly, such as email, phone, or chat communications, or through your responses to our optional surveys. -Information from your Google Account or other Third-Party Sign-in Service: Seesaw allows school administrators, teachers, Family Members, and students (after being invited by a teacher) to sign up for and log into our service using a Google or Clever Account. Teachers can also create student accounts on behalf of students in their class. When you create a Seesaw account using one of these Third-Party Services, we use the name, profile picture, and email address (if available) provided by these services. Seesaw does not share your information with these services. -  -Log Data: When you use Seesaw or visit our website, we receive log data such as your IP address, cookie identifiers, browser type, operating system, device information and identifiers, and your mobile carrier. In addition, we may receive or collect additional information such as the referring web page, referring search terms, pages visited, and other information about your interactions with Seesaw. -  -8. How does Seesaw use this information? -We use this information to: -Allow you to access and use the Service by verifying your identity and storing your Journal Content, Activities, and Messages. -Provide support to teachers, school administrators, and Family Members. -Provide school administrators with information about how Seesaw is performing in their school(s). -If you’ve enabled notifications, notify you about activity on and updates to your account or your student’s account. -Research, understand, and analyze user trends to improve and develop new features for our products. -Promote and advertise the Services and enhancements to Seesaw relevant for teachers, schools, and families. -Investigate, prevent, and detect activities on our service that we believe may violate the law, applicable regulations, or Seesaw policies. We may, at the request of a school, investigate accounts to determine whether they comply with school policies. -You can withdraw consent for the collection of your Personal Information at any time, but you will no longer be able to use Seesaw. -  -9. Does seesaw allow third-party advertising or share data for advertising third-party products? -  -No. Our business model is straightforward: we charge for optional, additional features on top of our free product and we have no interest in advertising third-party products or services within Seesaw. We never display third-party ads, share data for advertising or marketing third-party products or services, or allow data collection by third-party advertisers or data brokers to use for their own purposes. -  -We also do not allow in-app purchases for student accounts. -  -10. In what limited circumstances may seesaw need to share my information? -  -We share data with third parties in the limited circumstances detailed below: -We use a small number of third-party service providers in order to operate and improve Seesaw – for example, a data center operator that manages our servers or a notification service that helps us send you messages about your account. These services need access to your Personal Information in order to work (i.e. your email address is required to send you an email), but are contractually obligated to meet our strict security standards, maintain the accuracy of the data they collect, and must only use Personal Information in identifiable form for purposes of providing the Seesaw service. When these third-party services transfer the Personal Information (Personal Data, as that term is defined in the GDPR) of EU, UK, or Swiss residents, we take steps to comply with the GDPR in order to protect your data privacy and security. A list of our third-party service providers can be found  -here -. -We may provide school administrators with information about how Seesaw is performing in their school(s). -Seesaw may disclose your information to a third party to comply with applicable laws or regulations, or a valid legal request – including to meet national security or law enforcement requirements. If we are compelled to release your data, we will do our best to provide you with advance notice by email, unless we are prohibited from doing so by law. -Seesaw may disclose student Account Information, Journal Content, and Messages to the child’s school or district upon request, including as required by FERPA. -By default, Activities teachers create are private to their account. Optionally, teachers may choose to publish Activities they create to the Community Activity Library or the Activity Library managed by their school or district. In these cases, the activity and the teacher’s Activity Author Profile will be shared publicly (in the case of the Community Library) or with other teachers at their school or district. No student responses to Activities are ever shared in the Community Activity Library or the school or district Activity Library. -We may share activities published to the public Community Activity Library with teachers who we think may be interested in using them with their class. -We may disclose or transfer your Account Information and Journal Content in connection with the sale, merger, bankruptcy, sale of assets, or reorganization of our company. You will be notified via email or some other means as required by law of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your information (including the right to delete your information). The promises in this Privacy Policy will apply to your data as transferred to the new entity. If Seesaw goes out of business without a successor, Seesaw will delete your information. -  -11. Do you collect data about [blank]? -  -We’ve listed all the data we collect in Section 8 above (“What Information Does Seesaw Collect?”). We intentionally limit our data collection to only what we need to provide the Seesaw service for you. -  -12. Who can view content posted in Seesaw? -  -Student work is private to the classroom by default. Users cannot view a student’s Journal Content or Messages in Seesaw unless they are the teacher or school administrator or invited to Seesaw by the teacher or school administrator. Teachers control who can access a student’s account by authorizing specific people to connect to that student’s account. Teachers decide whether families can view, like, share, or comment on their student’s work and whether students can view, like, and comment on classmates’ work. Teachers can turn on settings that require teacher approval of student work, allowing teachers to moderate and, when necessary, remove content shared by students before it is posted. Teachers may also choose to publish some class content to a public class web page managed by Seesaw. In addition to controlling what student work is published, teachers have the option to password protect the public class web page. -  -Teachers also control whether or not students or Family Members can save Seesaw content to their device or get a link to specific Journal Content. However, Seesaw cannot prevent all forms of sharing (e.g. by taking a screenshot and posting to social media), so it is important that teachers only grant access to authorized parties and discuss their policies with families. -School administrators can access all Journal Content and Messages shared in their Seesaw organization, including Messages that have been edited or deleted. -  -13. Do you work with third-party analytics services? -  -Seesaw is constantly improving, and we use aggregate data about how Seesaw is used — for example what buttons you click on or what pages you visit — to inform those decisions. -To help us analyze this data, we use a small number of third-party services such as Google Analytics. For more information, please visit Google’s Privacy Policy. To learn more about how to opt out of Google Analytics’ use of your information, please click here. -  -14. How do you use cookies? -  -Cookies are small text files that we transfer to your web browser that allow us to identify your web browser and store information about your account. We use these cookies to keep you logged into Seesaw, customize your Seesaw experience, understand how you use Seesaw, and promote Seesaw to relevant teachers and schools. You can choose to remove or disable cookies via your browser settings. Please be aware that Seesaw may not work properly if you disable or decline all cookies. -  -15. How does Seesaw handle abandoned accounts? -  -Seesaw reserves the right to permanently delete accounts that have not been accessed by the account holder for a period of more than one year. Seesaw will permanently delete an account that has not been accessed by the account holder for more than seven years, except where we are required to keep the information for legal or compliance purposes. Prior to permanently deleting an abandoned account, Seesaw will attempt to notify the account holder by email. -  -16. How to View, Correct, Edit, Export, or Update Your Personal Information -  -You have the right to access, correct, or download for transport to a similar service any of your Personal Information collected by Seesaw, where permitted under applicable law. If you are an administrator, teacher, or Family Member you can update the information associated with your Seesaw account directly by logging into your Seesaw account and viewing the Account Settings tab on your profile. If you are a parent or guardian and want to correct, edit, download, or update information about your child, please work directly with your teacher or school, or you can contact us at  -privacy@seesaw.me -. -  -17. Account Suspension And Termination -  -If you would like to delete your Seesaw account or delete your child’s Seesaw account,  -follow these steps - or contact privacy@seesaw.me. If you request that your account or any content submitted to Seesaw be deleted, Seesaw may still retain information as needed to provide customer support and prevent accidental deletion, or as required or permitted by law. If you terminate your account, all of your data will be unavailable to you immediately, but be aware that Messages and Journal Content with others in which you participated will remain available to those other users. -  -If your school or district has purchased Seesaw for Schools and the school or district ends their contract with Seesaw and requests deletion of accounts, we will attempt to notify impacted users by email or another method and provide the option for users to establish or maintain an account with Seesaw for the purpose of storing student-generated content. -  -If you are a teacher or school administrator within the US, please be aware that FERPA requires Seesaw to retain student education records once a valid request to inspect those records has been made. -  -18. How does seesaw keep your data safe? -  -Seesaw takes protecting your security and privacy seriously and we’ve put a number of measures in place to protect the integrity of your information, including the use of access-controlled data centers, routine 3rd party security audits, restricted employee access to user information, and data encryption in transit. For more information, please read this article. -  -In the event of a security breach, Seesaw will notify affected account holders within the amount of time required by law so that you can take steps to keep your data safe. -  -19. How does seesaw handle data from international visitors? -  -This section applies to schools and users in the EEA or UK. -  -Seesaw has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (“EU-U.S. DPF Principles”) with regard to the processing of Personal Information received from the European Union or European Economic Area (“EU/EEA”) in reliance on -the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. Seesaw has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (“Swiss-U.S. DPF Principles”) with regard to the processing of Personal Information received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this Privacy Policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework program, and to view our certification, please visit -www.dataprivacyframework.gov -. -Seesaw is responsible for the processing of Personal Information it receives, under each Data Privacy Framework and subsequently onward transfers to third parties to perform processing functions or to provide services on our behalf. Seesaw remains responsible and liable under the Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless Seesaw proves that it is not responsible for the event giving rise to the damage. -Seesaw has further committed to cooperate and comply respectively with the advice of the EU/EEA data protection authorities (collectively “EU DPAs”); the UK Information Commissioner’s Office (ICO) and the Gibraltar Regulatory Authority (GRA); and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved privacy or Personal Information use concerns. -Additionally, Seesaw is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission for compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. As further explained on the Data Privacy Framework program website at -www.dataprivacyframework.gov -, you may also invoke binding arbitration when other dispute resolution procedures have been exhausted. -Finally, in compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Seesaw Learning, Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF to BBB National Programs DPF Services, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please contact  -https://bbbprograms.org/programs/all-programs/dpf-consumers - for more information or to file a complaint. The services of BBB National Programs DPF Services are provided at no cost to you. -20. Does seesaw comply with your state’s laws? -  -In accordance with applicable privacy law, you have some or all of the following rights in respect of your Personal Information that we hold. -If you are in the EEA or UK: -Right of access -. You have the right to obtain. -confirmation of whether, and where, we are processing your Personal Information; -information about the categories of Personal Information we are processing, the purposes for which we process your Personal Information and information as to how we determine applicable retention periods; -information about the categories of recipients with whom we may share your Personal Information; and -a copy of the Personal Information we hold about you. -Right of portability. -You have the right, in certain circumstances, to receive a copy of the Personal Information you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your Personal Information to another person. -Right to rectification. -You have the right to obtain rectification of any inaccurate or incomplete Personal Information we hold about you without undue delay. -Right to erasure. - You have the right, in some circumstances, to require us to erase your Personal Information without undue delay if the continued processing of that Personal Information is not justified. -Right to restriction. - You have the right, in some circumstances, to require us to limit the purposes for which we process your Personal Information if the continued processing of the Personal Information in this way is not justified, such as where the accuracy of the Personal Information is contested by you. -Right to withdraw consent. -If you have provided consent for the processing of your Personal Information, you have the right to withdraw your consent. If you withdraw your consent, this will not affect the lawfulness of our use of your Personal Information before your withdrawal. -You also have the right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your Personal Information, and we will assess and inform you if that is the case. You can object to marketing activities for any reason. -You can also opt out of sharing your personal data with third parties (other than parties that provide services to us as our agents or processors) or before we use it for a purpose other than that for which it was originally collected or subsequently authorised. -If you are in Australia: -Right of access. - You have the right to request access to Personal Information we hold about you. -If you wish to access any of your personal information that you have provided to us, please contact us using the details set out in Section 22 ‘How to contact us’. -Right to rectification or correction and notification to third parties. -You have the right to request the correction of personal information we hold about you. You also have the right to have any correction notified to third parties to whom we have provided your personal information. -Right to opt out -: You have the right to opt out of receiving marketing and to the disclosure or use of your personal information for marketing. -Seesaw will take reasonable steps to ensure that your personal information is accurate, up to date, complete and not misleading. However, to assist us to do this, we request that you keep your personal information up to date on the Seesaw Service or inform us of any changes to your Personal Information to ensure our records remain accurate and current. -If you believe that any of your Personal Information held by us is incorrect and you cannot amend such in the Seesaw Service then please request us to amend that Personal Information via the details in the section headed “How to Contact us” above. -If you are in New Zealand: -Right of access. -You have the right to request access to Personal Information we hold about you. -If you wish to access any of your personal information that you have provided to us, please contact us using the details set out in Section 22 ‘Contact Information’. -Right to rectification or correction. -You have the right to request the correction of personal information we hold about you. -Right to opt-out. - You have the right to opt-out of marketing. You can contact us to do so or use the unsubscribe mechanism included in each electronic direct marketing message we send to you. -Seesaw will take reasonable steps to ensure that your personal information is accurate, up to date, complete and not misleading. However, to assist us to do this, we request that you keep your personal information up to date on the Seesaw Service or inform us of any changes to your Personal Information -to ensure our records remain accurate and current. -If you believe that any of your Personal Information held by us is incorrect and you cannot amend such in the Seesaw Service then please request us to amend that Personal Information via the details in the section headed “How to Contact us” above. -How to exercise any of the above rights -If you wish to exercise one of the rights, please contact us using the contact details set out in the “How to contact us” section above. Due to the confidential nature of data processing, we may ask you to -confirm your identity when exercising the above rights. -If you contact us to exercise rights on behalf of your child, we will assess whether your child is competent to exercise those rights themselves based on their age. In accordance with guidance from the Information Commissioner’s Office, we will normally assume that children aged 12 or over are able -to exercise the rights mentioned above. Where that is the case, we may ask you to provide authorisation from your child to exercise their rights on their behalf. -Complaints -Information for schools and users in the EEA or UK -If you are in the UK or EEA, you also have the right to lodge a complaint to your local data protection authority. If you are in the UK, information about how to contact your local data protection authority is available -here -. If you are in the European Economic Area, information about how to contact your local -data protection authority is available -here - and -here - (if you are in Switzerland). -Information for schools and users in Australia -If you are in Australia, if you have any concerns about how we handle your personal information, believe we have breached the Privacy Act 1988 or any Australian Privacy Principles, if you wish to make a complaint or need further information, please contact us via the details noted in Section 22 ‘Contact Information’. You will need to provide us with sufficient detail regarding your complaint and any supporting evidence. -We will investigate the issue and determine the steps to be taken to resolve the complaint and will notify you in writing if we require any additional information and also of the outcome of our investigation. -If you are not happy with the outcome of our investigation, you may complain to the Office of the Australian Information Commissioner by way of their website www.oaic.gov.au or by phone to their hotline 1300 363 992. -If you are using the Seesaw Service through a school, for complaints about how your Personal Information is being handled by your school we recommend that you first refer your complaint to the relevant school and note their contact details should be included in that school’s privacy policy. -Information for schools and users in New Zealand -If you have any concerns about how we handle your personal information, believe we have breached the Privacy Act 2020 or any of the New Zealand Information Privacy Principles, if you wish to make a complaint or if you need further information, please contact us via the details noted in Section 22 ‘Contact Information’. You will need to provide us with sufficient detail regarding your complaint and any supporting evidence. -We will investigate the issue and determine the steps to be taken to resolve the complaint. We will notify you in writing if we require any additional information and also of the outcome of our investigation. -If you are not happy with the outcome of our investigation, you may complain to the Office of the Privacy Commissioner by way of their website -www.privacy.org.nz/your-rights/making-a-complaint-to-the-privacy-commissioner/. -If you are using the Seesaw Service through a school, for complaints about how your Personal Information is being handled by your school, we recommend you first refer to the relevant school’s privacy policy. -21. Rights Of California And Nevada Residents -  -If you are a California resident, please see  -here - for more information about our practices and your rights with respect to your information. -  -If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. You can exercise this right by contacting us at privacy@seesaw.me with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth below. -  -22. Contact Information -  -If you have any questions or feedback about this Privacy Policy, please contact privacy@seesaw.me. -  -You can reach Seesaw by mail at: -Seesaw Learning, Inc. -548 Market St -PMB 98963 -San Francisco, CA 94104-5401 -  -Last Updated Oct 1, 2023 + 1. Introduction + Seesaw's mission is to create an environment where students can be + their best. Protecting your privacy is fundamental to our mission and + business. This Privacy Policy governs the use of Personal Information + collected by our websites at seesaw.me, the Seesaw Applications, and + any other online or offline offerings (collectively "the Seesaw + Service", "the Service", "Seesaw", "we", "us", or "our"). This + includes, for example, personally identifiable information that we + collect when you create an account ("Account Information"), content + added to class journals ("Journal Content"), activities teachers create + ("Activities"), and messages ("Messages") sent via Seesaw. + + In order to use Seesaw, you must create an account and agree to this + Privacy Policy. If you don't agree with this Privacy Policy, you cannot + use Seesaw. You can contact us anytime with questions about this policy + at privacy@seesaw.me. + + For purposes of this Privacy Policy, "Personal Information" means any + information about an identifiable individual or information that can be + used to identify an individual, and includes "Personal Data" as that + term is defined under the European Union General Data Protection + Regulation ("GDPR"). "Student Data" means any personal information, + metadata, or content directly attributable to a student user. + + 2. Changes to Our Privacy Policy + + Seesaw may from time to time make changes to this Privacy Policy to + account for changes to our practices or applicable law. If we make + changes to this Privacy Policy that materially affect your rights, we + will notify you by email about these changes, and post a notice to our + service, or otherwise contact you as required under applicable law. + Your continued use of the Services following notification by Seesaw + means you thereby agree to the new Privacy Policy. + + 3. Seesaw and FERPA + + Data collected by Seesaw includes Student Data from education records + that are subject to the Family Educational Rights and Privacy Act, + "FERPA", ("FERPA Records"), including student names, parent or guardian + (collectively, "Family Member") names, Messages, and Journal Content. + To the extent that Student Data includes FERPA Records, you designate + Seesaw as a "School Official" (as that term is used in FERPA and its + implementing regulations) under the direct control of the school with + regard to the use and maintenance of the FERPA Records and Seesaw + agrees to comply with FERPA. + + 4. Seesaw and COPPA + + The Children's Online Privacy Protection Act protects personal + information belonging to a child younger than 13. How we collect + information from users under 13, the types of information we collect, + and the reasons for collecting this information are described in + Sections 7, 8, and 9, respectively. We do not require users younger + than 13 to disclose more information than is reasonably necessary to + use the Services. + + We use a handful of analytics providers in relation to all users, + including users under 13, to help us improve the Services. These + third-party service providers do not use your data for any purpose + other than to provide the Services. You can view a list of Seesaw's + third-party service providers and review their privacy policies here: + https://seesaw.com/subprocessor. If you have questions about our + third-party service providers, you can contact us at privacy@seesaw.me. + + Information for parents or guardians on how to correct, edit, download, + update, or delete data about your student can be found in Sections 17 + and 18 below. + + 5. Who does Seesaw collect information from? + + We collect information from individuals who create accounts on Seesaw, + which includes teachers, students, and Family Members. We also collect + limited log data from all visitors to our marketing website. + + 6. How does Seesaw obtain my information? + + We receive information from the information that you and others + provide, from your device(s), and from third-party services. The + categories of sources from which we've collected or received + information include: + * You: We collect the content, communications, and other information + you provide when you use Seesaw. + * Other people: We collect information that other people provide when + they use Seesaw, such as when a teacher adds a parent's phone + number to send updates about a student's work. + * Your device(s): We collect information from and about the + computers, phones, and other web-connected devices you use with + Seesaw. + * Third-Parties: When you create a Seesaw account using a third-party + service (e.g. Google or Clever), we access the name, profile + picture, and email address (if available) provided by these + services. + + 7. What information does Seesaw collect? + + Account Information: When you create an account on Seesaw we collect + your name, email address, password, and optional profile picture. + Seesaw may also collect your phone number if you enter it in your + Account Settings. Teachers using Seesaw may add a Family Member's email + or phone number to Seesaw in order to send messages or updates about + school work. We do not collect student phone numbers. + Students are not permitted to create an account by themselves but must + be invited to a Seesaw class by a teacher or school administrator. + Where students have permission to use Seesaw, Seesaw collects + personally identifiable information that is necessary to provide the + Service, including a student's name, email address, and optional + profile picture. This information may be entered by a teacher or the + student or populated from the student's account with a third-party + sign-in service, such as their Google account. + + Users can make changes to their profile, messaging preferences, and + other account details in Account Settings. + + Journal Content: Seesaw collects content that is added to a class or + student journal. This content may include photos, audiovisual content + (including from your device's camera, microphone, or photo/video + library), drawings, files, notes, hyperlinks, and other ways of + documenting student learning. We regularly add types of information + that can be uploaded to a Journal, and these are all covered by this + Policy. We also collect comments on posts in the class and student + journals, including text and voice recordings. Journal Content that is + uploaded by a student or teacher may be considered a student education + record as defined by FERPA. + + Messages: Seesaw collects all messages that are sent and received in + Seesaw. Messages may include text, audio, video, photos, drawings, + files, notes, hyperlinks, or other information. + Activities: Teachers may use Seesaw to create activities to use with + their students. Activities may include text or voice instructions for + how to complete the activity, an example of a correct response, or a + template for students to edit. + + Activity Author Profiles: Teachers who choose to publish their + activities to the Community Activity Library or the Activity Library + managed by their school or district can also create an Activity Author + Profile. This includes the name and profile picture they choose to + publish on their Author Profile, as well as their school name and + location. + + Communications: Seesaw collects any information you send to us + directly, such as email, phone, or chat communications, or through your + responses to our optional surveys. + Information from your Google Account or other Third-Party Sign-in + Service: Seesaw allows school administrators, teachers, Family Members, + and students (after being invited by a teacher) to sign up for and log + into our service using a Google or Clever Account. Teachers can also + create student accounts on behalf of students in their class. When you + create a Seesaw account using one of these Third-Party Services, we use + the name, profile picture, and email address (if available) provided by + these services. Seesaw does not share your information with these + services. + + Log Data: When you use Seesaw or visit our website, we receive log data + such as your IP address, cookie identifiers, browser type, operating + system, device information and identifiers, and your mobile carrier. In + addition, we may receive or collect additional information such as the + referring web page, referring search terms, pages visited, and other + information about your interactions with Seesaw. + + 8. How does Seesaw use this information? + We use this information to: + * Allow you to access and use the Service by verifying your identity + and storing your Journal Content, Activities, and Messages. + * Provide support to teachers, school administrators, and Family + Members. + * Provide school administrators with information about how Seesaw is + performing in their school(s). + * If you've enabled notifications, notify you about activity on and + updates to your account or your student's account. + * Research, understand, and analyze user trends to improve and + develop new features for our products. + * Promote and advertise the Services and enhancements to Seesaw + relevant for teachers, schools, and families. + * Investigate, prevent, and detect activities on our service that we + believe may violate the law, applicable regulations, or Seesaw + policies. We may, at the request of a school, investigate accounts + to determine whether they comply with school policies. + + You can withdraw consent for the collection of your Personal + Information at any time, but you will no longer be able to use Seesaw. + + 9. Does seesaw allow third-party advertising or share data for + advertising third-party products? + + No. Our business model is straightforward: we charge for optional, + additional features on top of our free product and we have no interest + in advertising third-party products or services within Seesaw. We never + display third-party ads, share data for advertising or marketing + third-party products or services, or allow data collection by + third-party advertisers or data brokers to use for their own purposes. + + We also do not allow in-app purchases for student accounts. + + 10. In what limited circumstances may seesaw need to share my + information? + + * We share data with third parties in the limited circumstances + detailed below: + * We use a small number of third-party service providers in order to + operate and improve Seesaw - for example, a data center operator + that manages our servers or a notification service that helps us + send you messages about your account. These services need access to + your Personal Information in order to work (i.e. your email address + is required to send you an email), but are contractually obligated + to meet our strict security standards, maintain the accuracy of the + data they collect, and must only use Personal Information in + identifiable form for purposes of providing the Seesaw service. + When these third-party services transfer the Personal Information + (Personal Data, as that term is defined in the GDPR) of EU, UK, or + Swiss residents, we take steps to comply with the GDPR in order to + protect your data privacy and security. A list of our third-party + service providers can be found here. + * We may provide school administrators with information about how + Seesaw is performing in their school(s). + * Seesaw may disclose your information to a third party to comply + with applicable laws or regulations, or a valid legal request - + including to meet national security or law enforcement + requirements. If we are compelled to release your data, we will do + our best to provide you with advance notice by email, unless we are + prohibited from doing so by law. + * Seesaw may disclose student Account Information, Journal Content, + and Messages to the child's school or district upon request, + including as required by FERPA. + * By default, Activities teachers create are private to their + account. Optionally, teachers may choose to publish Activities they + create to the Community Activity Library or the Activity Library + managed by their school or district. In these cases, the activity + and the teacher's Activity Author Profile will be shared publicly + (in the case of the Community Library) or with other teachers at + their school or district. No student responses to Activities are + ever shared in the Community Activity Library or the school or + district Activity Library. + * We may share activities published to the public Community Activity + Library with teachers who we think may be interested in using them + with their class. + * We may disclose or transfer your Account Information and Journal + Content in connection with the sale, merger, bankruptcy, sale of + assets, or reorganization of our company. You will be notified via + email or some other means as required by law of any change in + ownership or uses of your Personal Information, as well as any + choices you may have regarding your information (including the + right to delete your information). The promises in this Privacy + Policy will apply to your data as transferred to the new entity. If + Seesaw goes out of business without a successor, Seesaw will delete + your information. + + + 11. Do you collect data about [blank]? + + We've listed all the data we collect in Section 8 above ("What + Information Does Seesaw Collect?"). We intentionally limit our data + collection to only what we need to provide the Seesaw service for you. + + 12. Who can view content posted in Seesaw? + + Student work is private to the classroom by default. Users cannot view + a student's Journal Content or Messages in Seesaw unless they are the + teacher or school administrator or invited to Seesaw by the teacher or + school administrator. Teachers control who can access a student's + account by authorizing specific people to connect to that student's + account. Teachers decide whether families can view, like, share, or + comment on their student's work and whether students can view, like, + and comment on classmates' work. Teachers can turn on settings that + require teacher approval of student work, allowing teachers to moderate + and, when necessary, remove content shared by students before it is + posted. Teachers may also choose to publish some class content to a + public class web page managed by Seesaw. In addition to controlling + what student work is published, teachers have the option to password + protect the public class web page. + + Teachers also control whether or not students or Family Members can + save Seesaw content to their device or get a link to specific Journal + Content. However, Seesaw cannot prevent all forms of sharing (e.g. by + taking a screenshot and posting to social media), so it is important + that teachers only grant access to authorized parties and discuss their + policies with families. + School administrators can access all Journal Content and Messages + shared in their Seesaw organization, including Messages that have been + edited or deleted. + + 13. Do you work with third-party analytics services? + + Seesaw is constantly improving, and we use aggregate data about how + Seesaw is used -- for example what buttons you click on or what pages + you visit -- to inform those decisions. + To help us analyze this data, we use a small number of third-party + services such as Google Analytics. For more information, please visit + Google's Privacy Policy. To learn more about how to opt out of Google + Analytics' use of your information, please click here. + + 14. How do you use cookies? + + Cookies are small text files that we transfer to your web browser that + allow us to identify your web browser and store information about your + account. We use these cookies to keep you logged into Seesaw, customize + your Seesaw experience, understand how you use Seesaw, and promote + Seesaw to relevant teachers and schools. You can choose to remove or + disable cookies via your browser settings. Please be aware that Seesaw + may not work properly if you disable or decline all cookies. + + 15. How does Seesaw handle abandoned accounts? + + Seesaw reserves the right to permanently delete accounts that have not + been accessed by the account holder for a period of more than one year. + Seesaw will permanently delete an account that has not been accessed by + the account holder for more than seven years, except where we are + required to keep the information for legal or compliance purposes. + Prior to permanently deleting an abandoned account, Seesaw will attempt + to notify the account holder by email. + + 16. How to View, Correct, Edit, Export, or Update Your Personal + Information + + You have the right to access, correct, or download for transport to a + similar service any of your Personal Information collected by Seesaw, + where permitted under applicable law. If you are an administrator, + teacher, or Family Member you can update the information associated + with your Seesaw account directly by logging into your Seesaw account + and viewing the Account Settings tab on your profile. If you are a + parent or guardian and want to correct, edit, download, or update + information about your child, please work directly with your teacher or + school, or you can contact us at privacy@seesaw.me. + + 17. Account Suspension And Termination + + If you would like to delete your Seesaw account or delete your child's + Seesaw account, follow these steps or contact privacy@seesaw.me. If you + request that your account or any content submitted to Seesaw be + deleted, Seesaw may still retain information as needed to provide + customer support and prevent accidental deletion, or as required or + permitted by law. If you terminate your account, all of your data will + be unavailable to you immediately, but be aware that Messages and + Journal Content with others in which you participated will remain + available to those other users. + + If your school or district has purchased Seesaw for Schools and the + school or district ends their contract with Seesaw and requests + deletion of accounts, we will attempt to notify impacted users by email + or another method and provide the option for users to establish or + maintain an account with Seesaw for the purpose of storing + student-generated content. + + If you are a teacher or school administrator within the US, please be + aware that FERPA requires Seesaw to retain student education records + once a valid request to inspect those records has been made. + + 18. How does seesaw keep your data safe? + + Seesaw takes protecting your security and privacy seriously and we've + put a number of measures in place to protect the integrity of your + information, including the use of access-controlled data centers, + routine 3rd party security audits, restricted employee access to user + information, and data encryption in transit. For more information, + please read this article. + + In the event of a security breach, Seesaw will notify affected account + holders within the amount of time required by law so that you can take + steps to keep your data safe. + + 19. How does seesaw handle data from international visitors? + + This section applies to schools and users in the EEA or UK. + + Seesaw has certified to the U.S. Department of Commerce that it adheres + to the EU-U.S. Data Privacy Framework Principles ("EU-U.S. DPF + Principles") with regard to the processing of Personal Information + received from the European Union or European Economic Area ("EU/EEA") + in reliance on + + the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance + on the UK Extension to the EU-U.S. DPF. Seesaw has certified to the + U.S. Department of Commerce that it adheres to the Swiss-U.S. Data + Privacy Framework Principles ("Swiss-U.S. DPF Principles") with regard + to the processing of Personal Information received from Switzerland in + reliance on the Swiss-U.S. DPF. If there is any conflict between the + terms in this Privacy Policy and the EU-U.S. DPF Principles and/or the + Swiss-U.S. DPF Principles, the Principles shall govern. To learn more + about the Data Privacy Framework program, and to view our + certification, please visit www.dataprivacyframework.gov. + + Seesaw is responsible for the processing of Personal Information it + receives, under each Data Privacy Framework and subsequently onward + transfers to third parties to perform processing functions or to + provide services on our behalf. Seesaw remains responsible and liable + under the Principles if third-party agents that it engages to process + the personal data on its behalf do so in a manner inconsistent with the + Principles, unless Seesaw proves that it is not responsible for the + event giving rise to the damage. + + Seesaw has further committed to cooperate and comply respectively with + the advice of the EU/EEA data protection authorities (collectively "EU + DPAs"); the UK Information Commissioner's Office (ICO) and the + Gibraltar Regulatory Authority (GRA); and the Swiss Federal Data + Protection and Information Commissioner (FDPIC) with regard to + unresolved privacy or Personal Information use concerns. + + Additionally, Seesaw is subject to the investigatory and enforcement + powers of the U.S. Federal Trade Commission for compliance with the + EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. + DPF. As further explained on the Data Privacy Framework program website + at + www.dataprivacyframework.gov, you may also invoke binding arbitration + when other dispute resolution procedures have been exhausted. + + Finally, in compliance with the EU-U.S. DPF and the UK Extension to the + EU-U.S. DPF and the Swiss-U.S. DPF, Seesaw Learning, Inc. commits to + refer unresolved complaints concerning our handling of personal data + received in reliance on the EU-U.S. DPF and the UK Extension to the + EU-U.S. DPF and the Swiss-U.S. DPF to BBB National Programs DPF + Services, an alternative dispute resolution provider based in the + United States. If you do not receive timely acknowledgment of your DPF + Principles-related complaint from us, or if we have not addressed your + DPF Principles-related complaint to your satisfaction, please contact + https://bbbprograms.org/programs/all-programs/dpf-consumers for more + information or to file a complaint. The services of BBB National + Programs DPF Services are provided at no cost to you. + 20. Does seesaw comply with your state's laws? + + In accordance with applicable privacy law, you have some or all of the + following rights in respect of your Personal Information that we hold. + + If you are in the EEA or UK: + + Right of access. You have the right to obtain. + * confirmation of whether, and where, we are processing your Personal + Information; + * information about the categories of Personal Information we are + processing, the purposes for which we process your Personal + Information and information as to how we determine applicable + retention periods; + * information about the categories of recipients with whom we may + share your Personal Information; and + * a copy of the Personal Information we hold about you. + + Right of portability. You have the right, in certain circumstances, to + receive a copy of the Personal Information you have provided to us in a + structured, commonly used, machine-readable format that supports + re-use, or to request the transfer of your Personal Information to + another person. + + Right to rectification. You have the right to obtain rectification of + any inaccurate or incomplete Personal Information we hold about you + without undue delay. + + Right to erasure. You have the right, in some circumstances, to require + us to erase your Personal Information without undue delay if the + continued processing of that Personal Information is not justified. + + Right to restriction. You have the right, in some circumstances, to + require us to limit the purposes for which we process your Personal + Information if the continued processing of the Personal Information in + this way is not justified, such as where the accuracy of the Personal + Information is contested by you. + + Right to withdraw consent. If you have provided consent for the + processing of your Personal Information, you have the right to withdraw + your consent. If you withdraw your consent, this will not affect the + lawfulness of our use of your Personal Information before your + withdrawal. + + You also have the right to object to any processing based on our + legitimate interests where there are grounds relating to your + particular situation. There may be compelling reasons for continuing to + process your Personal Information, and we will assess and inform you if + that is the case. You can object to marketing activities for any + reason. + + You can also opt out of sharing your personal data with third parties + (other than parties that provide services to us as our agents or + processors) or before we use it for a purpose other than that for which + it was originally collected or subsequently authorised. + + If you are in Australia: + + Right of access. You have the right to request access to Personal + Information we hold about you. + + If you wish to access any of your personal information that you have + provided to us, please contact us using the details set out in Section + 22 `How to contact us'. + + Right to rectification or correction and notification to third parties. + You have the right to request the correction of personal information we + hold about you. You also have the right to have any correction notified + to third parties to whom we have provided your personal information. + + Right to opt out: You have the right to opt out of receiving marketing + and to the disclosure or use of your personal information for + marketing. + + Seesaw will take reasonable steps to ensure that your personal + information is accurate, up to date, complete and not misleading. + However, to assist us to do this, we request that you keep your + personal information up to date on the Seesaw Service or inform us of + any changes to your Personal Information to ensure our records remain + accurate and current. + + If you believe that any of your Personal Information held by us is + incorrect and you cannot amend such in the Seesaw Service then please + request us to amend that Personal Information via the details in the + section headed "How to Contact us" above. + + If you are in New Zealand: + + Right of access. You have the right to request access to Personal + Information we hold about you. + + If you wish to access any of your personal information that you have + provided to us, please contact us using the details set out in Section + 22 `Contact Information'. + + Right to rectification or correction. You have the right to request the + correction of personal information we hold about you. + + Right to opt-out. You have the right to opt-out of marketing. You can + contact us to do so or use the unsubscribe mechanism included in each + electronic direct marketing message we send to you. + + Seesaw will take reasonable steps to ensure that your personal + information is accurate, up to date, complete and not misleading. + However, to assist us to do this, we request that you keep your + personal information up to date on the Seesaw Service or inform us of + any changes to your Personal Information to ensure our records remain + accurate and current. + + If you believe that any of your Personal Information held by us is + incorrect and you cannot amend such in the Seesaw Service then please + request us to amend that Personal Information via the details in the + section headed "How to Contact us" above. + + How to exercise any of the above rights + + If you wish to exercise one of the rights, please contact us using the + contact details set out in the "How to contact us" section above. Due + to the confidential nature of data processing, we may ask you to + + confirm your identity when exercising the above rights. + + If you contact us to exercise rights on behalf of your child, we will + assess whether your child is competent to exercise those rights + themselves based on their age. In accordance with guidance from the + Information Commissioner's Office, we will normally assume that + children aged 12 or over are able + + to exercise the rights mentioned above. Where that is the case, we may + ask you to provide authorisation from your child to exercise their + rights on their behalf. + + Complaints + + Information for schools and users in the EEA or UK + + If you are in the UK or EEA, you also have the right to lodge a + complaint to your local data protection authority. If you are in the + UK, information about how to contact your local data protection + authority is available here. If you are in the European Economic Area, + information about how to contact your local + + data protection authority is available here and here (if you are in + Switzerland). + + Information for schools and users in Australia + + If you are in Australia, if you have any concerns about how we handle + your personal information, believe we have breached the Privacy Act + 1988 or any Australian Privacy Principles, if you wish to make a + complaint or need further information, please contact us via the + details noted in Section 22 `Contact Information'. You will need to + provide us with sufficient detail regarding your complaint and any + supporting evidence. + + We will investigate the issue and determine the steps to be taken to + resolve the complaint and will notify you in writing if we require any + additional information and also of the outcome of our investigation. + + If you are not happy with the outcome of our investigation, you may + complain to the Office of the Australian Information Commissioner by + way of their website www.oaic.gov.au or by phone to their hotline 1300 + 363 992. + + If you are using the Seesaw Service through a school, for complaints + about how your Personal Information is being handled by your school we + recommend that you first refer your complaint to the relevant school + and note their contact details should be included in that school's + privacy policy. + + Information for schools and users in New Zealand + + If you have any concerns about how we handle your personal information, + believe we have breached the Privacy Act 2020 or any of the New Zealand + Information Privacy Principles, if you wish to make a complaint or if + you need further information, please contact us via the details noted + in Section 22 `Contact Information'. You will need to provide us with + sufficient detail regarding your complaint and any supporting evidence. + + We will investigate the issue and determine the steps to be taken to + resolve the complaint. We will notify you in writing if we require any + additional information and also of the outcome of our investigation. + + If you are not happy with the outcome of our investigation, you may + complain to the Office of the Privacy Commissioner by way of their + website + www.privacy.org.nz/your-rights/making-a-complaint-to-the-privacy-commis + sioner/. + + If you are using the Seesaw Service through a school, for complaints + about how your Personal Information is being handled by your school, we + recommend you first refer to the relevant school's privacy policy. + 21. Rights Of California And Nevada Residents + + If you are a California resident, please see here for more information + about our practices and your rights with respect to your information. + + If you are a resident of Nevada, you have the right to opt-out of the + sale of certain Personal Information to third parties who intend to + license or sell that Personal Information. You can exercise this right + by contacting us at privacy@seesaw.me with the subject line "Nevada Do + Not Sell Request" and providing us with your name and the email address + associated with your account. Please note that we do not currently sell + your Personal Information as sales are defined in Nevada Revised + Statutes Chapter 603A. If you have any questions, please contact us as + set forth below. + + 22. Contact Information + + If you have any questions or feedback about this Privacy Policy, please + contact privacy@seesaw.me. + + You can reach Seesaw by mail at: + Seesaw Learning, Inc. + 548 Market St + PMB 98963 + San Francisco, CA 94104-5401 + + Last Updated Oct 1, 2023 diff --git a/seesaw_tos.txt b/seesaw_tos.txt index 3a909f3..1c8600f 100644 --- a/seesaw_tos.txt +++ b/seesaw_tos.txt @@ -2,3 +2,699 @@ SITE: seesaw_tos URL: https://web.seesaw.me/terms-of-service +Terms Of Service + + 1. INTRODUCTION + + Welcome to Seesaw! + + We are Seesaw Learning, Inc. ("Seesaw", "we", "us", "our"). Seesaw's + mission is to create an environment where students can be their best. + To accomplish this goal, it is essential that our learning platform, + Seesaw, is a safe place for students to document their learning, and + that parents or guardians, teachers, and school administrators are in + control over how that information is shared. + + This Terms of Service (these "Terms") governs your use of our websites + located at seesaw.me (the "Site"), and the Seesaw mobile application + (the "App"), and our learning services accessible via the Site and App, + (collectively "the Services"). Our Privacy Policy and Copyright & + Intellectual Property Policy are incorporated into these Terms. + + By using the Services, you agree to be bound by these Terms. If you + don't agree with these Terms, you cannot use the Services. + + If you are the parent or legal guardian of a child who is under the age + when they can legally enter into a contract or grant consent to + processing of personal information, then, by using the Services, you + also accept these Terms on your child's behalf. See Section 4 ("Consent + Requirements for Children") for more information on how to obtain + consent for children to use the Services. + + You can contact us anytime with questions about this policy at + privacy@seesaw.me. + + IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU + AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO + RESOLVE ANY DISPUTE BETWEEN YOU AND SEESAW THROUGH BINDING, INDIVIDUAL + ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 24 + ("WE BOTH AGREE TO ARBITRATE") BELOW FOR DETAILS REGARDING ARBITRATION. + + 2. CHANGES TO THESE TERMS + + We may update the Terms from time to time at our sole discretion. If we + do, we'll let you know by posting the updated Terms on the Site, to the + App, and/or may also send other communications. It is important that + you review the Terms whenever we update them or you use the Services. + If you continue to use the Services after we have posted updated Terms + it means that you accept and agree to the changes. If you don't agree + to be bound by the changes, you may not use the Services anymore. + Because our Services are evolving over time, we may change or + discontinue all or any part of the Services, at any time and without + notice, at our sole discretion. + + 3. PRIVACY + + Seesaw takes protecting your security and privacy seriously and we've + put a number of measures in place to protect the integrity of your + information. For more information, see our Privacy Policy. Residents of + the European Union, UK, and Switzerland may review our additional + privacy commitments pursuant to the GDPR, located at + https://web.seesaw.me/gdpr. + + For Seesaw customers who are schools or school districts located in the + European Union, UK, or Switzerland, Seesaw may be subject to an + additional Data Processing Agreement between Seesaw and the applicable + customer, which imposes additional obligations on Seesaw with respect + to how we process and handle data from teachers, students and other + users associated with that school or school district. For schools or + school districts located in the European Union, UK, and Switzerland who + agree to these Terms, unless otherwise agreed in writing between Seesaw + and the applicable schools or school district, Seesaw's standard Data + Processing Agreement applies and is incorporated into these Terms + solely with respect to those schools or school districts located in the + EU, UK, or Switzerland. + + 4. CONSENT REQUIREMENTS FOR CHILDREN + + The Children's Online Privacy and Protection Act ("COPPA") requires + that online service providers provide notice and obtain parental + consent before they knowingly collect personally identifiable + information online from children younger than 13 in the United States. + Seesaw requires teachers, schools, or districts to obtain advance + consent from parents or guardians whose children under 13 will be using + the Services. + + There are a number of methods teachers, schools, or districts can use + to satisfy this requirement: + * Get consent as part of a school-wide technology consent process you + may already have in place. + * Use our sample consent form - but please note that this is an + example only and does not constitute legal advice. + * Agree to act as the parent's agent, and provide consent on their + behalf to use Seesaw solely in the educational context as provided + by the FTC. Learn More. + + If you are a teacher, you represent and warrant to Seesaw that prior to + uploading any personal information of any child who is younger than 13 + (or such other age as may be required under applicable law) onto the + Services, you have obtained the legally binding consent of the parent + or legal guardian of each such child. In addition, you should consult + with your school or district to ensure that you obtain proper consent + to use the Services in the classroom consistent with your school's or + district's policies. See also Section 5 ("Creating a Teacher Account or + Class") below. If you are aware that Seesaw is collecting information + from a student without parental consent, please contact us immediately + at privacy@seesaw.me. + + Schools and districts located in the EU, UK, and Switzerland should + review the terms of the Data Processing Agreement for consent + requirements under the GDPR. + + 5. CREATING A TEACHER ACCOUNT OR CLASS + + Only teachers or school administrators are permitted to create a class + on the Services. Once the class is created, teachers can invite + students, additional faculty, parents, and guardians to the class. + Teachers control who can upload, view, comment on, and share student + work and they can change these permissions at any time. + + When you create a Seesaw class, you represent and warrant that: + * Any students you add to your class are current students in your + class. + * Any additional teachers you add to your class are authorized by + your school to access Student Data (as defined in Section 10 + below). + * You will use Seesaw only for lawful purposes and you will abide by + applicable laws and school and school district policies. + * You will treat Seesaw as an extension of the classroom and take + reasonable steps to confirm that students are using Seesaw + appropriately. + * You will take reasonable measures to protect access to Student Data + accessible through the Services. + * You will only invite parents or guardians (collectively, "Family + Members") to view student journals and upload their contact + information only with their prior consent. + * You will protect your class QR code so that access to student + journals and class journals is limited only to invited students and + Family Members. + + 6. CREATING A FAMILY MEMBER ACCOUNT + + Teachers can authorize Family Members to view information in their + child's journal. By using the Services, you agree that you are the + parent or legal guardian of the student and are permitted to have + contact with the student. + + As a Family Member, you will only be able to access journal entries in + which your student has been tagged. Family Members of other children + may be able to access your child's work if your child is tagged in a + journal entry with their child, such as when your child collaborates + with other students on a group project. + + 7. CREATING A STUDENT ACCOUNT + + Students may use Seesaw only if their parent or legal guardian has + given permission to their teacher or school. You agree to use the + Services only if you have been given a Join Code or have otherwise been + invited to use the Services by your teacher. + + The Services are an extension of the classroom. As a Student, you agree + to use the Services in a manner that is appropriate to the classroom. + You also agree to use the Services only for lawful purposes and you + will abide by applicable laws and school and school district policies. + + 8. SUBMISSIONS TO THE ACTIVITY LIBRARY + + Activities teachers create are private to their accounts by default. + Teachers may choose to publish activities they create to the public + Community Activity Library or an Activity Library managed by their + school or district. If you publish your activity to the Activity + Library, you agree that: + * You are the copyright holder, you have the consent of the copyright + holder, or you have a valid legal basis (for example, fair use) for + posting any content you submit to the Services. + * You have secured permission to share the personal information of + any person included in your activity. + + Any activities you submit are yours - not Seesaw's. By publishing your + activity to the Community Activity Library you understand that: + * Your activity will be publicly accessible unless you choose to + remove it. + * Your name and other activities you publish to the Library will be + visible as part of your Activity Author Profile. + * For as long as your activity is published to the Library, your + activity may be shared by Seesaw (for example on our website or in + an email) and by teachers using the Services. Teachers using the + Services may also modify your activity and re-share it with their + students or other teachers. + * If you remove your activity from the Library, prior copies of your + activity or modified versions of your activity may still exist in + other teachers' accounts and will not be removed. + + Student responses to activities are not shared in the Activity Library. + + 9. CONSENT TO RECEIVE COMMUNICATIONS + + By signing up for the Services, you agree to receive communications + from Seesaw, including text (SMS), email, and/or push notifications. If + a teacher or school administrator adds a Family Member to the Services + via phone number, the Family Member will receive an SMS with + information about how to join the Services and how to opt-out of SMS + messages. Seesaw does not collect phone numbers from or send SMS + messages to students. By signing up for the Services and providing your + phone number either directly to Seesaw or to your student's school or + district, you agree to receive communications from Seesaw as well as + other Seesaw users, and you represent and warrant that every person + whose contact information you provide to us has also consented in + advance to receive communications from you and Seesaw. Seesaw is not + responsible for your receipt of, or failure to receive any messages, or + for messages sent erroneously or with incorrect information. Seesaw is + not responsible for your or someone else's action or failure to take + action due to the receipt of any messages. If you make changes to your + contact information, you are responsible for updating your Account + Settings and informing your student's school or district. + + You can opt-out of notifications at any time. Text "STOP" in reply to + any SMS message from Seesaw to unsubscribe. Text "HELP" for + instructions on how to use our service. Message frequency varies. + Message and data rates may apply. You can also opt-out of notifications + in your Account Settings. + + You can also opt-out of marketing communications from us at any time. + If you opt-out of marketing communications, you may still receive + communications that are necessary for the Services or otherwise exempt + from anti-spam laws. By opting out of communications from Seesaw, you + acknowledge that this may impact your use of the Services. + + 10. YOUR INTELLECTUAL PROPERTY + + Our Services may allow you to store or share content such as text (in + posts or communications with others), files, documents, graphics, + images, music, software, audio, and video. Anything (other than + Feedback) that you post or otherwise make available through the + Services is referred to as "User Content". + + Students and their schools or districts own all Student Data added to + the Services. "Student Data" means any personal information, metadata, + or content directly attributable to a student user. + + We do not claim any ownership rights to any User Content and nothing in + these Terms will be deemed to restrict any rights that you may have to + your User Content. However, in order to provide our Services, we + require certain limited rights to User Content. For example, when you + upload your User Content, we must be able to store it and serve it back + to you. Therefore, you grant Seesaw a non-exclusive, transferable, + worldwide, royalty-free license, with the right to sublicense, to use, + publish, transmit, display, copy, process, adapt, modify, publicly + perform, and distribute your User Content in connection with operating + and providing the Services, but only how you specify and only within + the context of the Services. + + You are solely responsible for all your User Content. You represent and + warrant that you have (and will have) all rights that are necessary to + grant us the license rights in your User Content under these Terms. You + represent and warrant that neither your User Content, nor your use and + provision of your User Content to be made available through the + Services, nor any use of your User Content by us on or through the + Services will infringe, misappropriate or violate a third party's + intellectual property rights, or rights of publicity or privacy, or + result in the violation of any applicable law or regulation. + + 11. SEESAW'S INTELLECTUAL PROPERTY + + All content on the Services that is not User Content, including but not + limited to logos, trademarks, copyrights, domain names, or other + distinctive brand features (collectively, "Seesaw Content') is + protected by copyright, trademark, and other intellectual property laws + and is the exclusive property of Seesaw and its licensors. We and our + licensors grant you a limited, non-exclusive, non-transferable license + to view, copy, and display Seesaw Content solely in connection with + your permitted use of the Services. Any rights not expressly granted + here are reserved. Unauthorized use of Seesaw Content is prohibited. + You agree not to remove, alter or obscure any copyright, trademark, + service mark, or other proprietary rights notices incorporated in or + accompanying the Services. + + 12. COPYRIGHT POLICY + + Seesaw respects copyright law and expects its users to do the same. It + is Seesaw's policy to terminate in appropriate circumstances account + holders who repeatedly infringe or are believed to be repeatedly + infringing the rights of copyright holders. To learn more about how + Seesaw responds to allegations of copyright infringement, please review + our Copyright Policy. + + 13. THIRD-PARTY SERVICE PROVIDERS + + The Services (including the App) may allow you to access third-party + websites or other resources, for example when a teacher includes a link + to an instructional YouTube video in an activity. We provide access + only as a convenience and are not responsible for the content, + products, or services on or available from those resources or links + displayed on such websites. You acknowledge sole responsibility for and + assume all risk arising from your use of any third-party resources. + + 14. PROHIBITED ACTIVITIES + + You agree not to do any of the following: + * Post, upload, publish, submit or transmit any User Content that: + + infringes, misappropriates, or violates a third party's + patent, copyright, trademark, trade secret, moral rights or + other intellectual property rights, or rights of publicity or + privacy; + + violates, or encourages any conduct that would violate, any + applicable law or regulation or would give rise to civil + liability; + + is fraudulent, false, misleading, or deceptive; + + is defamatory, obscene, pornographic, vulgar, or offensive; + + promotes discrimination, bigotry, racism, hatred, harassment, + or harm against any individual or group; + + is violent or threatening or promotes violence or actions that + are threatening to any person or entity; + + promotes illegal or harmful activities or substances; or + + is inappropriate for the classroom or violates applicable + school or school district policies; + * Jeopardize the security of your account in any way, for example by + allowing someone else access to your account or password; + * Use, display, mirror, or frame the Services or any individual + element within the Services, Seesaw's name, any Seesaw trademark, + logo or other proprietary information, or the layout and design of + any page or form contained on a page, without Seesaw's express + written consent; + * Access, tamper with, or use non-public areas of the Services, + Seesaw's computer systems, or the technical delivery systems of + Seesaw's providers; + * Attempt to probe, scan or test the vulnerability of any Seesaw + system or network or breach any security or authentication + measures; + * Avoid, bypass, remove, deactivate, impair, descramble or otherwise + circumvent any technological measure implemented by Seesaw or any + of Seesaw's providers or any other third party (including another + user) to protect the Services; + * Attempt to access or search the Services or download content from + the Services using any engine, software, tool, agent, device, or + mechanism (including spiders, robots, crawlers, data mining tools, + or the like) other than the software and/or search agents provided + by Seesaw or other generally available third-party web browsers; + * Send any unsolicited or unauthorized advertising, promotional + materials, email, junk mail, spam, chain letters, or other forms of + solicitation; + * Use any meta tags or other hidden text or metadata utilizing a + Seesaw trademark, logo URL, or product name without Seesaw's + express written consent; + * Use the Services, or any portion thereof, for any commercial + purpose or for the benefit of any third party or in any manner not + permitted by these Terms; + * Forge any TCP/IP packet header or any part of the header + information in any email or newsgroup posting, or in any way use + the Services to send altered, deceptive, or false + source-identifying information; + * Attempt to decipher, decompile, disassemble or reverse engineer any + of the software used to provide the Services; + * Interfere with, or attempt to interfere with, the access of any + user, host or network, including, without limitation, sending a + virus, overloading, flooding, spamming, or mail-bombing the + Services; + * Collect or store any personally identifiable information from the + Services from other users of the Services without their express + permission; + * Impersonate or misrepresent your affiliation with any person or + entity; + * Violate any applicable law or regulation; or + * Encourage or enable any other individual to do any of the + foregoing. + + We take measures to monitor, log, and block content that violates our + policies. We are not obligated to monitor access to or use of the + Services or to review or edit any content. However, we have the right + to do so for the purpose of operating the Services, to ensure + compliance with these Terms, and to comply with applicable law or other + legal requirements. We reserve the right but are not obligated, to + remove or disable access to any content, including User Content, at any + time and without notice, including, but not limited to, if we, at our + sole discretion, consider it objectionable or in violation of these + Terms. We have the right to investigate violations of these Terms or + conduct that affects the Services. We may also consult and cooperate + with law enforcement authorities to prosecute users who violate the + law. To report violations of these policies, contact privacy@seesaw.me. + + Seesaw does not guarantee the identity of any users you may interact + with in the course of using the Services. In addition, Seesaw does not + guarantee the authenticity of any information users provide about + themselves. + + 15. ACCOUNT SUSPENSION AND TERMINATION + + Seesaw reserves the right to suspend or terminate accounts associated + with users who engage in any of the prohibited activities described + above or in any manner that otherwise violates these Terms or other + policies. In addition, Seesaw reserves the right to terminate any + account at any time for any reason without notice to you. + + If you would like to delete your Seesaw account or delete your child's + Seesaw account, follow these steps or contact privacy@seesaw.me. If you + request that your account or any content submitted to Seesaw be + deleted, Seesaw may still retain information as needed to provide + customer support and prevent accidental deletion, or as required or + permitted by law. + + 16. ACCOUNT TRANSFER + + If you've signed up as a teacher with a school-provided email address, + and your school later signs up for a Seesaw school account, we may + transfer your account to be under the management and control of your + school. To protect Student Data, in certain limited circumstances (such + as when a teacher leaves a school) we may transfer a class to a + different teacher if we receive a properly authorized request from the + relevant school. + + 17. ABANDONED ACCOUNTS + + Seesaw reserves the right to permanently delete accounts that have not + been accessed by the account holder for a period of more than one year. + Seesaw will permanently delete an account that has not been accessed by + the account holder for more than seven years, except where required to + retain the information longer for legal or compliance purposes. Prior + to permanently deleting an abandoned account, Seesaw will attempt to + notify the account holder by email. + + 18. SUBSCRIPTIONS + + Teachers have the option of purchasing a subscription ("Subscription") + to use the Services. + + a. General. If you purchase a Subscription (a "Transaction"), you + expressly authorize us (or our third-party payment processor) to charge + you for such Transaction. We may ask you to supply additional + information relevant to your Transaction, including your credit card + number, the expiration date of your credit card, and your email and + postal addresses for billing and notification (such information, + "Payment Information"). You represent and warrant that you have the + legal right to use all payment method(s) represented by any such + Payment Information. When you initiate a Transaction, you authorize us + to provide your Payment Information to third parties so we can complete + your Transaction and charge your payment method for the type of + Transaction you have selected (plus any applicable taxes and other + charges). You may need to provide additional information to verify your + identity before completing your Transaction (such information is + included within the definition of Payment Information). By initiating a + Transaction, you agree to the pricing, payment, and billing policies + applicable to such fees and charges, as posted or otherwise + communicated to you. All payments for Transactions are non-refundable + and non-transferable except as expressly provided in these Terms. + + b. Subscriptions. If you purchase a Subscription, you will be charged + the Subscription fee monthly or annually, depending on the type of + Subscription you have selected, plus any applicable taxes, and other + charges ("Subscription Fee"), at the beginning of your Subscription and + each month or year thereafter, depending on the type of Subscription + you have selected, at the then-current Subscription Fee. BY PURCHASING + A SUBSCRIPTION, YOU AUTHORIZE SEESAW TO INITIATE RECURRING + NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a + Subscription, we (or our third-party payment processor) will + automatically charge you each month or year, depending on the type of + Subscription you have selected, using the Payment Information you have + provided until you cancel your Subscription. No less than thirty (30) + days and no more than sixty (60) days before your Subscription term + ends, or otherwise in accordance with applicable law, Seesaw will send + you a reminder email regarding your Subscription. By agreeing to these + Terms and electing to purchase a Subscription, you acknowledge that + your Subscription has recurring payment features and you accept + responsibility for all recurring payment obligations prior to + cancellation of your Subscription by you or Seesaw. Your Subscription + continues until canceled by you or we terminate your access to or use + of the Services or Subscription in accordance with these Terms. + + c. Canceling Your Subscription. YOUR PURCHASE IS FINAL AND YOU WILL NOT + BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR + SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens in + the course of completing a Transaction, we reserve the right to cancel + your Transaction for any reason; if we cancel your Transaction we'll + refund any payment you have already remitted to us for such + Transaction. Without limiting the foregoing, you may cancel your + Subscription at any time, but please note that such cancellation will + be effective at the end of the then-current Subscription period. YOU + WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID + FOR THE THEN-CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. + To cancel, you can send an email to AR@seesaw.me. You will be + responsible for all Subscription Fees (plus any applicable taxes and + other charges) incurred for the then-current Subscription period. If + you cancel, your right to use the Services will continue until the end + of your then-current Subscription period and will then terminate + without further charges. + + 19. WARRANTY DISCLAIMERS + + YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ANY + THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN + CONNECTION WITH THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF + ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SEESAW, + AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR + IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF + MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT + OF PROPRIETARY RIGHTS. SEESAW AND ITS SUPPLIERS AND PARTNERS DO NOT + WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT + DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVERS THAT MAKE + THEM AVAILABLE ARE FREE OF HARMFUL COMPONENTS, OR THAT THE SERVICES + WILL MEET YOUR REQUIREMENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE + TO YOUR EQUIPMENT OR DEVICE, LOSS OF USE, OR LOSS OF DATA. WE MAKE NO + WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, + COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE + SERVICES. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU + MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. + + 20. INDEMNITY + + You agree to indemnify and hold harmless Seesaw from any and all + claims, suits, actions, losses, costs, damages, and any other + liabilities, including attorneys' fees, arising out of or related to: + (a) your use or misuse of Seesaw; (b) any violation of the rights of + any other person or entity by you, including without limitation, any + intellectual property right, publicity, confidentiality, property or + privacy right; or (c) your breach of any part of these Terms. Seesaw + will attempt to provide you with written notice of any such matter; + however, any failure or delay by Seesaw to do so does not negate your + defense or indemnification obligations or waive Seesaw's rights to seek + payment or defense or indemnification from you. Seesaw reserves the + right, at your expense, to assume the exclusive defense and control of + any matter for which you are required to indemnify us, and you agree to + cooperate with Seesaw in our defense of these claims. You will not + settle any claim that affects Seesaw or our affiliates without our + prior written approval. + + 21. LIMITATION OF LIABILITY + + TO THE MAXIMUM EXTENT PERMITTED BY LAW, SEESAW WILL NOT BE LIABLE TO + YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, + CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS + OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF + DATA, GOODWILL OR OTHER INTANGIBLE LOSSES, SERVICE INTERRUPTION, + COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF + ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR: (A) YOUR + ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICES; (B) ANY CONDUCT OR + CONTENT OF ANY USER OR THIRD PARTY ON THE SERVICES; (C) UNAUTHORIZED + ACCESS, USE, OR ALTERATIONS OF YOUR TRANSMISSIONS OR CONTENT; (D) ANY + INFORMATION POSTED ON THE SERVICES; OR (E) SEESAW'S DECISION TO PUBLISH + OR REMOVE ANY INFORMATION ON THE SERVICES; IN EACH CASE, WHETHER BASED + ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY + OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SEESAW OR OUR SERVICE + PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND + EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF + ITS ESSENTIAL PURPOSE. + + TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE + JURISDICTION, IN NO EVENT SHALL SEESAW'S TOTAL LIABILITY TO YOU FOR ALL + DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO + THESE TERMS OR FROM THE USE OR INABILITY TO USE THE SERVICES EXCEED: + (1) THE AMOUNTS YOU PAID TO ACCESS THE SERVICES DURING THE TWELVE (12) + MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM, OR (2) ONE HUNDRED + U.S. DOLLARS, WHICHEVER IS GREATER. + + The limitations of liability set forth in this Section are fundamental + elements of the basis of the bargain between you and us and will + survive any termination or expiration of these Terms, and will apply + even if any limited remedy specified in these Terms is found to have + failed of its essential purpose. + + 22. GOVERNING LAW AND DISPUTES + + These Terms and any action related thereto will be governed by the laws + of the State of California, without regard to its conflicts of law + provisions. Except as otherwise expressly set forth in Section 23 + ("Informal Dispute Resolution") and Section 24 ("We Both Agree to + Arbitrate") below, the exclusive jurisdiction for any and all disputes, + claims, or controversies arising out of or relating to these Terms or + the breach, termination, enforcement, interpretation or validity + thereof or the use of the Services (collectively, "Disputes") that you + and Seesaw are not required to arbitrate will be the state and federal + courts located in San Francisco County, California, and you and Seesaw + each waive any objection to jurisdiction and venue in such courts. + + 23. INFORMAL DISPUTE RESOLUTION + + We want to address your concerns without litigation or other formal + proceedings. Before filing a claim against Seesaw, you agree to try to + resolve the Dispute informally by contacting privacy@seesaw.me and + providing us with reasonably detailed information concerning your + issue. We will try to resolve the Dispute informally by contacting you + through email. If a dispute is not resolved within 15 days after + submission, you or Seesaw may bring a formal proceeding in accordance + with these Terms. + + 24. WE BOTH AGREE TO ARBITRATE + + This Section applies to United States users. + + a. Mandatory Arbitration of Disputes. We each agree that any Disputes + will be resolved solely by binding, individual arbitration and not in a + class, representative, or consolidated action or proceeding. You and + Seesaw agree that the U.S. Federal Arbitration Act governs the + interpretation and enforcement of these Terms and that you and Seesaw + are each waiving the right to a trial by jury or to participate in a + class action. This arbitration provision shall survive termination of + these Terms. + + b. Exceptions. As limited exceptions to Section 24(a) above: (i) we + both may seek to resolve a Dispute in small claims court if it + qualifies; and (ii) we each retain the right to seek injunctive or + other equitable relief from a court to prevent (or enjoin) the + infringement or misappropriation of our intellectual property rights. + + c. Conducting Arbitration and Arbitration Rules. The arbitration will + be conducted by the American Arbitration Association ("AAA") under its + Consumer Arbitration Rules (the "AAA Rules") then in effect, except as + modified by these Terms. The AAA Rules are available at www.adr.org or + by calling 1-800-778-7879. A party who wishes to start arbitration must + submit a written Demand for Arbitration to AAA and give notice to the + other party as specified in the AAA Rules. The AAA provides a form + Demand for Arbitration at www.adr.org. Any arbitration hearings will + take place in the county (or parish) where you live unless we both + agree to a different location. The parties agree that the arbitrator + shall have exclusive authority to decide all issues relating to the + interpretation, applicability, enforceability, and scope of this + arbitration agreement. + + d. Arbitration Costs. Payment of all filing, administration, and + arbitrator fees will be governed by the AAA Rules, and we won't seek to + recover the administration and arbitrator fees we are responsible for + paying unless the arbitrator finds your Dispute frivolous. If we + prevail in arbitration we'll pay all of our attorneys' fees and costs + and won't seek to recover them from you. If you prevail in arbitration + you will be entitled to an award of attorneys' fees and expenses to the + extent provided under applicable law. + + e. Injunctive and Declaratory Relief. Except as provided in Section + 24(b) above, the arbitrator shall determine all issues of liability on + the merits of any claim asserted by either party and may award + declaratory or injunctive relief only in favor of the individual party + seeking relief and only to the extent necessary to provide relief + warranted by that party's individual claim. To the extent that you or + we prevail on a claim and seek public injunctive relief (that is, + injunctive relief that has the primary purpose and effect of + prohibiting unlawful acts that threaten future injury to the public), + the entitlement to and extent of such relief must be litigated in a + civil court of competent jurisdiction and not in arbitration. The + parties agree that litigation of any issues of public injunctive relief + shall be stayed pending the outcome of the merits of any individual + claims in arbitration. + + f. Class Action Waiver. YOU AND SEESAW AGREE THAT EACH MAY BRING CLAIMS + AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A + PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE + PROCEEDING. Further, if the parties' Dispute is resolved through + arbitration, the arbitrator may not consolidate another person's claims + with your claims, and may not otherwise preside over any form of a + representative or class proceeding. If this specific provision is found + to be unenforceable, then the entirety of this Section 24 ("We Both + Agree to Arbitrate") shall be null and void. + + g. Severability. Except as expressly stated in Section 24(f) of these + Terms ("Class Action Waiver"), if an arbitrator or court of competent + jurisdiction decides that any part of this Section 24 ("We Both Agree + to Arbitrate") is invalid or unenforceable, the other parts of this + Section 24 will still apply + + 25. FEEDBACK + + We welcome your feedback and suggestions about the Services. Please + send us a message through this form at any time. If you choose to + submit feedback, you agree that we are free to use it without any + restriction or compensation to you. + + 26. ENTIRE AGREEMENT + + These Terms (and any other policies we refer to in this document) make + up the entire agreement between you and Seesaw Learning, Inc., and + supersede any prior agreement. If any part of these Terms are found to + be unenforceable by a court or arbitrator, the remaining parts will + remain in full force and effect. If Seesaw fails to enforce any part of + these Terms, such a failure does not constitute a waiver. Except as + expressly stated in Section 24(f) of these Terms ("Class Action + Waiver"), if any provision of these Terms is held invalid or + unenforceable by an arbitrator or a court of competent jurisdiction, + that provision will be enforced to the maximum extent permissible and + the other provisions of these Terms will remain in full force and + effect. You may not assign or transfer these Terms, by operation of law + or otherwise, without Seesaw's prior written consent. Any attempt by + you to assign or transfer these Terms, without such consent, will be + null. Seesaw may freely assign or transfer these Terms without + restriction. Subject to the foregoing, these Terms will bind and inure + to the benefit of the parties, their successors, and permitted assigns. + + 27. CONTACT INFORMATION + + Seesaw Learning, Inc. + + 548 Market St + + PMB 98963 + + San Francisco, CA 94104-5401 + + You can contact us through our help request form here. + + Seesaw Seesaw + + Seesaw + * Contact