policy

Haiku Learning Additional Terms

Haiku Learning Additional Terms of Service for Schools

Effective Date: July 1, 2015

Welcome to Haiku Learning’s Additional Terms of Service for Schools (the “Additional Terms”). If you are a School, please also review our General Terms of Service and our Privacy Policy. If you’re not a School (as defined in our General Terms of Service), these Additional Terms do not apply to you.

Capitalized terms that are not defined below have the definitions given them in the General Terms of Service.

By using the Services, you authorize us to access your Student Information System (SIS) or receive Student Data or other information via SIS, Secure File Transfer Protocol (“SFTP”), or any other secure transfer method to provide you software integration services.

1. KEEPING YOUR STUDENT DATA CONFIDENTIAL (THIS IS VERY IMPORTANT TO US) AND COMPLYING WITH APPLICABLE LAWS

We maintain the confidentiality of your Student Data and do not knowingly share it with third parties other than as described in Section 2.2 and in the General Terms of Service and our Privacy Policy.

Both parties agree to uphold their responsibilities under the Family Educational Rights and Privacy Act (“FERPA”), the Protection of Pupil Rights Amendment (“PPRA”), and the Children’s Online Privacy Protection Act (“COPPA”). We provide the Services as an outsourced institutional function under FERPA 34 CFR Part 99.31(a)(1). COPPA requires that online service providers obtain clear and verifiable parental or legal guardian consent before collecting personal information from children under the age of 13. You represent and warrant that you have received consent from parents or legal guardians, or have the authority to provide consent on behalf of parents or legal guardians, for us to collect information from students before allowing children under the age of 13 to access our Services. We recommend that all Schools provide appropriate disclosures to students and parents regarding their use of service providers such as Haiku Learning and that they provide a copy of our Privacy Policy to parents and legal guardians.

2. AUTHORIZATION TO ACCESS YOUR STUDENT DATA

2.1 Our Access

You authorize us to access Student Data and will provide a way for us access the information stored in your SIS. We will access and process Student Data only in order to provide the Services. As between us, you own all right, title and interest to all Student Data, you are (and other Schools are) solely responsible for any and all Student Data, whether provided by you, students, or others, and we do not own, control, or license Student Data, except that you grant us a limited, nonexclusive license to Student Data (as further described in Section 3.1 below) solely to the extent necessary to provide the Services.

2.2 Third Party Access

You may designate one or more third-party Developers (as defined in the General Terms of Service) to securely access Student Data via our API. We will not send Student Data to a Developer unless explicitly authorized by you. You acknowledge that we are not responsible for the data practices of third party Developers, and that, as between us, you are solely responsible for the consequences of providing or transmitting Student Data to such Developers, or authorizing those Developers to access Student Data through the Services. At any time, you can revoke any Developer’s ongoing access to Student Data via the API by contacting us at terms@haikulearning.com.

Should a third party Developer revoke or terminate rights to license or utilize their service, you agree to defend, indemnify and hold harmless Haiku Learning and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from the revocation or termination. Should the Service be a Premium product purchased from Haiku Learning as an “add-on” Service, Haiku Learning will provide you a pro-rata refund for the Premium service from the date of the termination, but is not liable beyond the pro-rata refund amount for any damages whatsoever, whether direct, indirect, incidental, consequential, special or otherwise, or for any lost profits or lost savings arising out of this agreement, even if advised of the same.

We may disclose or provide access to Student Data to our employees and certain service providers with a legitimate need to access such information in connection with providing the Services. We and our employees, subcontractors, service providers, or agents involved in the handling, transmittal, and/or processing of Student Data will maintain the confidentiality of any data that includes personally identifiable information and shall not redisclose such data except as necessary in order to provide the Services. We will maintain access log(s) that record all disclosures of or access to Student Data within our possession and will provide copies of those access log(s) to you on your request.

2.3 Other Access

Student Data is controlled by Schools, and we will not permit anyone else to delete, transfer or control Student Data, or allow access to Student Data by parents or legal guardians except as directed by the applicable School. Any requests for access to Student Data will be referred to the applicable School.

3. HOW WE USE YOUR STUDENT DATA

3.1 In General

By submitting Student Data or other information to us, whether via the Services or otherwise, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to us a nonexclusive, royalty-free, worldwide license during the term of these Additional Terms and our General Terms of Service to use, transmit, distribute, modify, reproduce, display, and store the Student Data only for the purposes of: (i) providing the Services as contemplated in these Additional Terms and our General Terms of Service, and (ii) enforcing our rights under these Additional Terms and our General Terms of Service. We will not use the Student Data for any purpose except as explicitly authorized by these Additional Terms and our General Terms of Service. For clarity and without limitation, we will not use Student Data to engage in targeted advertising.

3.2 Anonymized Data

You agree that we may collect and use data derived from Student Data, including data about any Users’ access and use of the Services, that has been anonymized, aggregated, or otherwise de-identified such that the data cannot reasonably identify a particular student, User, or School. De-identified data will have all direct and indirect personal identifiers removed, including but not limited to name, ID numbers, date of birth, demographic information, location information and School ID. Furthermore, we agree not to attempt to re-identify de-identified data and not to transfer de-identified data to any party unless that party agrees not to attempt re-identification. We may use such data to operate, analyze, improve or market our Services. If we share or publicly disclose information (e.g., in marketing materials) that is derived from Student Data, that data will be aggregated or anonymized to reasonably avoid identification of a specific School or individual student. For example, we may (i) track the number of School administrators on an anonymized aggregate basis as part of our marketing efforts to publicize the total number of Users of the Services, and (ii) analyze aggregated usage patterns for product development efforts. You further agree that we may use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of the anonymized, aggregated Student Data even after this Agreement has expired or been terminated.

4. DELETING STUDENT DATA AND TERMINATING YOUR ACCESS TO THE SERVICES

4.1 Deleting Student Data

You may request in writing that we delete any of your Student Data (except as provided for in Section 3.2 above) in our possession at any time. We will comply with your request in a commercially reasonable time, not to exceed thirty (30) business days. If you grant access to Student Data to a Developer and subsequently need that data deleted, you need to request such deletion directly from that Developer.

4.2 Terminating Your Access To These Services

Schools may, at any time and for any or no reason, terminate these Additional Terms and our General Terms of Service by providing written notice to terms@haikulearning.com, except that provisions that by their nature should survive termination will survive termination, such as provisions relating to warranty disclaimers, limitations of liability, indemnities, and governing law.

We will automatically delete or de-identify all Student Data and remove Your Content within 30 days of our receipt of the termination notice, except for Student Data and Your Content residing on backups or internal logs, which will be removed within sixty (60) days. As noted above, Student Data that has previously been made available to Developers may still be in Developers’ possession notwithstanding the School’s termination of these Additional Terms and our General Terms of Service, and the Developer’s subsequent use or deletion will be governed by any agreements between School and Developers. We may terminate these Additional Terms and our General Terms of Service in accordance with the General Terms of Service.

Should Haiku Learning discontinue, temporarily or permanently, the Service, we will notify you in writing at least thirty (30) days prior to the proposed date of the discontinuation of the Service. In such case, Haiku Learning will make a best effort to assist you with making Content available for export from that point until the date of discontinuance of the Service.

5. PRIVACY AND SECURITY

We care deeply about the privacy and security of Student Data. We maintain strict administrative, technical, and physical safeguards to protect Student Data stored on secure servers, which are located in the United States. If there is any disclosure or access to any Student Data by an unauthorized party, we will promptly notify any affected Schools and will use reasonable efforts to cooperate with their investigations of the incident. If the incident triggers any third party notice requirements under applicable laws, you agree that, as the owner of the Student Data, you will be responsible for the timing, content, cost, and method of any required notice and compliance with those laws.

6. OTHER TERMS SPECIFIC TO SCHOOLS

Haiku Learning charges a late fee of 2% per month for any unpaid balance more than 30 days past due. Should a contract not be renewed, content and data will be permanently and irrevocably removed from our servers within 30 days. Accounts with outstanding invoices more than 90 days past due may be deactivated at Haiku Learning’s sole discretion. Haiku Learning shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

If your total file space used exceeds the amount stated by contract, you may be charged additional storage fees.

Other than taxes levied on Haiku Learning’s net income, you agrees to pay any and all taxes and duties arising from this Agreement.

7. QUESTIONS

We here at Haiku Learning hope that you will have the best possible experience when using our Services. If you have any questions or concerns about our Services or anything in our General Terms of Service, these Additional Terms, or our Privacy Policy, please don’t hesitate to contact us at terms@haikulearning.com and we’ll do our best to promptly respond to you.

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