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Last updated March 17, 2021


This Privacy Policy describes how Thinking Nation Corp. (“TNC”) collects, protects,  uses and shares Personally Identifiable Information (“PII”) and other data of Users of its educational products and services (collectively, “Services”). The Services are designed to  facilitate and support learning and education in and for the history curriculum of the School.  

II. Definitions

For purposes of this Privacy Policy, the following terms and legal authority are defined as follows: 

1. “AWS” means Amazon Web Services. 

2. “Beacons” means single pixel images, web beacons and other similar technology  that TNC may use to (i) track usage of its website, (ii) track response rates to  certain activities and promotions within its website, and (iii) identify certain  information regarding the time and manner of access to its website such as the  type of browser, operating system, domain names, etc. 

3. “Cookies” means small text files that TNC may transfer to the User’s local device  through the User’s web browser to (i) speed the User’s navigation to TNC’s  website, (ii) recognize the User and the User’s access privileges, (iii) track the  User’s usage and preferences of TNC’s website, (iv) detect any cookies  

previously set by the User’s server, and (v) identify certain information regarding  the time and manner of access to TNC’s website.  

4. “CCPA” means the California Consumer Privacy Act, California Civil Code  section 1798.100. CCPA applies to all California residents and it allows them to  request that TNC disclose certain information about its collection and use of their  PII during the previous twelve (12) months, provided that the requests are made  no more than twice within a twelve (12) month period. California residents also  may request that TNC delete their collected or stored PII, but TNC may deny this  request if the PII is necessary for (i) the completion of the Services for the User,  (ii) the detection of security incidents or the protection against malicious,  deceptive, fraudulent or illegal activity, (iii) the identification and repair of bugs  or errors that impair existing intended functionality, or (iv) the compliance of a  legal obligation. California residents may elect to not allow TNC to sell their PII.  If TNC wishes to do so involving a California resident between the ages of 13 and  16, TNC must receive affirmative approval from the resident first. If the resident is under the age of 13, TNC must receive affirmative approval from the resident’s  parent or guardian first.  

5. “CIPA” means the Children’s Internet Protection Act, 47 U.S.C. section 254(h).  CIPA sets forth necessary procedures, protections and restrictions for schools to  implement regarding (i) children’s access to obscene or harmful content over or 

through the Internet, (ii) the safety and security of children when using e-mail,  chat rooms, etc., (iii) “hacking” and other unlawful on-line activities by children,  and (iv) unauthorized disclosure, use and dissemination of children’s PII. Schools  may not receive discounts through the E-rate program if they do not comply with  CIPA.  

6. “COPPA” means the Children’s Online Privacy Protection Act, 15 U.S.C.  sections 6501-6506. COPPA applies to operators of websites and online services  that collect PII from children under the age of 13 years old. It requires TNC to  include in this Privacy Policy (i) a list of all third party operators (and their  contact information) that are collecting or receiving PII from TNC, (ii) a  description of PII that is collected and how TNC uses it, and (iii) a description of  parental rights including the right to provide consent before the collection of a  child’s PII, to review the PII collected, to request the deletion of PII, to refuse to  allow further collection of PII, to allow the collection of PII but not the disclosure  of it to third parties, etc. The School may act as the agent of the parent and  provide consent to the collection of PII, so long as the PII is used exclusively for  educational purposes.  

7. “FERPA” means the United States Family Educational Rights and Privacy Act,  20 U.S.C. section 1232g, 34 CFR Part 99. FERPA provides students with privacy  rights and protection for educational PII collected and processed on behalf of  educational institutions receiving government funding from the U.S. Department  of Education. FERPA provides students with rights to obtain from these  educational institutions access to their educational records, as well as correction  and amendment of their educational records, even though the CCPA does not  apply to non-profit and public educational institutions. The privacy rights of  students under FERPA do not apply to directory information.  

8. “PII” means information personally identifiable to a specific User including  information that relates to, describes, is capable of being associated with, or could  reasonably be linked, directly or indirectly, with a particular User or his, her or  their TNC account. This information may include, but is not limited to, the  User’s full name, home address, telephone number, email address or other online  contact information such as operating system and internet service provider,  education records, student records, etc.  

9. “School” means a school, school district, college, university or other education  institution or education agency that contracts with TNC and uses the Services for  the benefit of its students. 

10. “Services” mean the TNC educational products and services purchased or utilized  by the School.  

11. “SOPIPA” means the Student Online Personal Information Protection Act  California Business and Professions Code sections 22580-22585. SOPIPA  applies to websites, online services and mobile apps that are designed, marketed 

and used primarily for k-12 school purposes. It prohibits TNC from (i) selling  student information, (ii) using student information collected from its Services to  target advertising, (iii) creating advertising profiles of students; and (iv) the  disclosure of PII unless required by law, for education or School purposes only, or  as part of the maintenance and development of its Services. SOPIPA requires  TNC to use proper business security practices and to delete data upon request  from the School or parent.  

12. “SSL” means secure socket layers. 

13. “User” means a student, instructor, teacher or administrator, who is an authorized  end-user of the Services.  

III. Use and Disclosure 

TNC collects, processes and uses data in order to provide the Services and for other  education-related purposes. This data may include PII. TNC may use and disclose PII and other  data to the User’s School, and may use and disclose PII and other data as requested or authorized  by the School, or by an applicable governmental educational agency or authority, for  administrative, audit and evaluation purposes, such as to evaluate the educational efficacy and  efficiency of the Services. 

TNC also may collect, use and disclose PII and other data: (a) with the User’s consent or the consent of the User’s parent if applicable or required by law; (b) in response to a subpoena,  court order or legal process, to the extent permitted or required by law; (c) to protect the health,  safety and security of the Services, TNC’s website, and User and other person’s data, assets and  systems, consistent with applicable law; (d) in connection with a sale, joint venture or other  transfer of some or all of TNC’s company or its assets, subject to the commitment of the  acquiring entity to comply with this Privacy Policy; (e) to prevent, detect, investigate or address  actual or suspected security breaches, fraud or other illegal activities or misconduct; or (f) in  order to exercise its legal rights, including the enforcement of any applicable contract with the  User or the School. 

TNC may disclose PII and other data to affiliated TNC companies and other companies  and organizations who perform work for TNC. These companies are obligated to protect the  confidentiality of the PII and other data consistent with this Privacy Policy. 

IV. Third-Party Analytic Services 

TNC may use a third-party service, such as Google Analytics, to collect anonymous  visitor data from and on its website. If TNC uses a third-party service to collect this data, the  third-party service will not collect PII associated with this data. The third-party service however  may collect non-PII anonymous visitor data like IP addresses, browser types (such as Internet  Explorer, Chrome, Firefox, Mozilla, Safari, etc.), the accessing apps, or referring websites. TNC  may use this information for appropriate education-related purposes including, but not limited to,  the (i) providing of anonymous statistical analysis of web page traffic patterns, (ii) administration  and audit of the Services, and (iii) confirmation of User and other compliance with the applicable  terms, conditions and rules associated with the Services and TNC’s website. 

V. Marketing and Advertising

TNC will not use PII or other data for marketing purposes and will not knowingly direct  or send marketing communications to a User. TNC does not permit third-party advertising networks or similar services to access or collect PII or other data from TNC’s website or within  the Services.  

VI. No Sale of Personal Information

TNC does not sell or rent PII or other data. While TNC does not sell PII or other data, Users may email a request for no sale of their PII to  

VII. Compliance with Legal Authority Regarding Data Protection

TNC and School each will comply with all applicable provisions of CCPA, CIPA,  COPPA, FERPA, SOPIPA and any other applicable law including California Education Code  sections 49060 – 49085. School shall be responsible for the full satisfaction of and compliance  with the requirements described in California Education Code section 49073.1. School also will  solicit, procure, receive and maintain any and all consents required by law for User access to and  use of the Services. 

VIII. Security and Destruction of Student Records

To protect PII and other data from unauthorized and unintended access, use and  disclosure, TNC maintains a comprehensive information privacy and security program and  employs reasonable and appropriate physical, administrative and technical safeguards. This program includes the use of SSL and secure firewalls, and all PII and other data are stored in  highly secure AWS data centers. TNC performs periodic risk assessments of its information  security program and prioritizes prompt remediation of identified security vulnerabilities.  

TNC however cannot and does not guaranty that there will never be a security breach. In  the event of a security breach, TNC will communicate and cooperate with the School to notify  the Users and their parents, if appropriate.  

TNC does not store or maintain student records after the conclusion of the applicable  academic year. Users should direct any deletion, modification or correction requests related to  student records directly to their Schools. As a service provider, TNC will not respond to a  request to delete, modify or correct student records unless it is directed to do so by the School. 

IX. Feedback and De-Identified Data 

TNC may provide Users with the opportunity on a voluntary basis to evaluate and  provide feedback regarding the Services. TNC may use and disclose such data in de-identified  form, as well as other de-identified data collected and processed through the Services, so it may deliver, maintain, support, evaluate and improve the Services, conduct educational research,  develop new products and programs, and for other legitimate educational purposes. De-identified  data is not considered PII under this Privacy Policy.

TNC may communicate with Users by email to provide updates and information about  the Services and to request User evaluation and feedback about the Services. TNC will provide  Users with a means or method to express their email preferences or unsubscribe to emails in  accordance with applicable law.  

X. Cookies and Other Technologies Used to Collect Information 

TNC may receive and store certain User information through the use of Cookies, Beacons  and other similar technologies. Users and Schools have a variety of tools to control the use of,  block and delete Cookies, Beacons and similar technologies. Disabling or blocking Cookies,  Beacons and these other similar technologies may prevent or impair the required functionality  and use of the Services, and TNC recommends that you do not block or delete them. 

XI. International Use 

If Users access the Services from beyond the physical borders of the United States, this access may be through or to servers or systems located in the foreign country from where the  Services were accessed. In this situation, PII and other data will be transmitted, stored and  shared in accordance with and subject to this Privacy Policy and the privacy laws of the United  States which may not be equivalent to the laws in effect elsewhere. Users will have no  expectation of or right to privacy laws greater than or different from those set forth in this  Privacy Policy.  

XII. User PII Responsibilities

To help protect the privacy and security of their PII, Users shall (i) protect, secure and  never share their passwords; (ii) only access the Services using secure networks; (iii) maintain  updated internet security and virus protection software on their devices and computer systems;  (iv) immediately change a password and request their School to contact TNC if there is a  suspicion or indication that their password has been compromised; and (v) immediately request  their School to contact TNC if they have a security or privacy concern or issue. 

XIII. Account Removal

In the event a User or User’s parent, when appropriate, wishes to delete or remove the  User’s PII or account, please send an email to 

XIV. Technical Assistance

Students may not request technical assistance or support directly from TNC. Only  instructors, teachers or administrators of a School may request technical assistance or support  directly from TNC, and they may only do so by sending an email to 

XV. Changes to the Privacy Policy

TNC reserves the right to change, amend, edit or revise this Privacy Policy at any time  and for any reason or no reason, so every User and School must review this Privacy Policy  regularly. Notice of any change, amendment, edit or revision to this Privacy Policy may be  distributed and delivered by TNC through any commercially reasonable manner, including but  not limited to, an updated posting on the TNC website, and will become effective immediately  upon the distribution or delivery of the notice without further acceptance or approval by the User  or School. Continued access or use of the Services by the User or School after the distribution or  delivery date of the notice shall be deemed to be full and complete acceptance and approval by the User or School. If a User or School has any question or concern regarding any change,  amendment, edit or revision to the Privacy Policy, please send an email to


    1. Term and Renewal.  The term of this Agreement shall commence as of the Effective Date and conclude on ______________, 202__ (“Term”).  This Agreement may be renewed upon the execution of a written agreement to that effect by the parties.
    2. Fees.  In consideration of the License and the installation, deployment, use and maintenance of the Software and Upgrades under this Agreement, (Partnering School) shall pay to TNC the amount of $$$ per User student. No cancellations, terminations, refunds, credits or offsets will be granted or delivered to or for (Partnering School) for any reason under this Agreement, except as otherwise expressly provided for herein. 
    3. Taxes.  All amounts payable by (Partnering School) to TNC are gross amounts.  TNC is responsible for the payment of any taxes associated with these payments.  (Partnering School) promptly will provide reasonable written documentation of its tax-exempt status, or that of the (PARTNERING DISTRICT) Schools, if requested by TNC.   
    1. Title.  TNC and (Partnering School) agree that TNC fully, completely and exclusively owns all rights, title and interest, including all personal property, patent, copyright, trade secret, trademark, trade name and other proprietary rights, in and to the Software and Upgrades, and that (Partnering School), (PARTNERING DISTRICT) Schools and their Users receive or acquire no right, title or interest to the Software or Upgrades, or any part thereof, by or under this Agreement.
    2. Additional Schools.  In the event (Partnering School) wishes to provide or allow an education institution other than the (PARTNERING DISTRICT) Schools to access, install or use the Software and Upgrades, it must seek and receive prior written consent from TNC, which consent may be withheld or denied at the sole and exclusive discretion and determination of TNC.  In the event such consent is provided by TNC, (i) the additional education institution will be subject to and must comply fully and completely with the terms and conditions of this Agreement, the Privacy Policy and any other applicable laws, policies and agreements, and (ii) (Partnering School) and TNC will execute an amendment to this Agreement substantially similar to and in the form set forth in Exhibit C to this Agreement.  
    3. Prohibition of Transfers.  (Partnering School), (PARTNERING DISTRICT) Schools and Users may not sell, license, sublicense, publish, display, distribute, assign or otherwise transfer (collectively, “Transfer”) to a third party the License, Software and or Upgrades, or any copy thereof, in whole or in part, without the express written consent of TNC, which consent may be withheld or denied at the sole and exclusive discretion and determination of TNC.  Any Transfer without TNC’s consent shall be unlawful and illegal and a breach of this Agreement.  Any unlawful or illegal Transfer shall cause the immediate termination of this Agreement and subject (Partnering School), (PARTNERING DISTRICT) Schools and or Users to liability and damages described in Section 9 of this Agreement.
  1. User Data and Confidentiality.  TNC will maintain the confidentiality of User data in accordance with the Privacy Policy and applicable law.
  2. Training and Support.  TNC will provide adequate and responsive training and support as may be reasonably requested by (Partnering School) for the proper installation, use and maintenance of the Software and Upgrades, except in the event either (Partnering School) or the (PARTNERING DISTRICT) Schools or the Users materially misuses the Software or Upgrades.
  3. Digital Technology.  TNC will provide adequate notice to (Partnering School) in the event TNC utilizes digital rights management technology or digital watermarking technology with the Software or Upgrades.
  4. Records Archive.  TNC will archive User account data annually on or about June 30.
  1. Notice of License.  (Partnering School) shall use its best efforts to provide (PARTNERING DISTRICT) Schools and Users with appropriate notice regarding the applicable terms and conditions of the License, Software and Upgrades.  
  2. Unauthorized Use and IP Infringement.  (Partnering School) and (PARTNERING DISTRICT) Schools will use their best efforts to (i) protect against the unauthorized use, misappropriation or infringement of the Software or Upgrades, (ii) notify TNC immediately upon learning of the occurrence of any such use, misappropriation or infringement, and (iii) assist and cooperate with TNC in the termination of the account involved and access to it.   
  3. Unauthorized Modification or Publication.  (Partnering School), (PARTNERING DISTRICT) Schools and Users will not modify, manipulate or create a derivative of the Software or Upgrades.  (Partnering School), (PARTNERING DISTRICT) Schools and Users will not reformat, reproduce, broadcast, publish or display Software or Upgrades, or any element thereof.   
  4. User Data and Confidentiality.  (Partnering School) and (PARTNERING DISTRICT) Schools will use their best efforts to maintain the confidentiality of User data, including but not limited to log-in identification numbers and passwords, in accordance with the Privacy Policy and applicable law.
  5. Security and Control.  (Partnering School) and (PARTNERING DISTRICT) Schools shall use their best efforts to cooperate with TNC regarding the implementation of security and control protocols and procedures that TNC wishes to implement.  
  6. Maintenance and Support Prohibition.  (Partnering School) and (PARTNERING DISTRICT) Schools are prohibited from performing any maintenance or support on, with or to the Software or Upgrades without the express prior written consent of TNC, which TNC may withhold for any reason or no reason.
  7. Records Archive.  (Partnering School) will notify (PARTNERING DISTRICT) Schools and Users annually prior to June 30 regarding the storage and archiving of account data by TNC. 

User content posted to an account under the License may be stored and retained by TNC.  TNC assumes no responsibility or liability for any posted User content.  (Partnering School) will notify (PARTNERING DISTRICT) Schools and Users of this policy and that posted content should not infringe on the property rights of another individual.  This notice shall be delivered by (Partnering School) to (PARTNERING DISTRICT) Schools and Users prior to issuing authorization for and allowing access to the Software and Upgrades.


TNC provides and delivers the Software and Upgrades to (Partnering School), and (Partnering School) accepts and receives the Software and Upgrades from TNC, on an “as is” basis.  TNC makes, extends and provides no express or implied warranty of any kind, including but not limited to, warranties of quality, performance, merchantability or fitness for a specific purpose, to (Partnering School), (PARTNERING DISTRICT) Schools or Users regarding the License, Software and or Upgrades or their use of them.  (Partnering School) agrees that (Partnering School), (PARTNERING DISTRICT) Schools and Users have no right to any warranty of any kind, express or implied, regarding the License, Software and or Upgrades and their use of them.

    1. TNC’s Sole Obligation.  In the event of a material defect in the Software or Upgrades, TNC’s sole obligation and responsibility shall be to use commercially reasonable efforts to attempt to correct or cure the defect promptly upon receipt of notice of the defect.  
    2. Minimum Damage Amount.  In the event of a breach or violation by (Partnering School) or any (PARTNERING DISTRICT) School or User under or in relation to this Agreement, (Partnering School)’s liability hereunder for damages suffered by TNC shall be no less than $50,000 per incident, unless otherwise agreed to by TNC.  In the event of a breach or violation by TNC under or in relation to this Agreement, TNC’s liability hereunder for damages suffered by (Partnering School) shall be no more than the total amount of fees paid under Section 3(b) of this Agreement.     
    3. Computer Virus.  TNC shall not be liable for any damage, loss of data or other business loss suffered by (Partnering School), (PARTNERING DISTRICT) Schools or Users because of any computer virus involving, impacting or effecting the Software or Upgrades. 

(Partnering School) agrees to indemnify, defend and hold TNC harmless from and against any and all claims made by any third party, including costs in connection with the defense thereof, resulting from any use of the License, Software or Upgrades by (Partnering School), its (PARTNERING DISTRICT) Schools or Users, and (Partnering School) agrees to give TNC: (i) written notice of any action or allegation within three (3) days following receipt of notice by (Partnering School); (ii) participation in the management and control of the defense and settlement of such claims; and (iii) assistance reasonably requested by TNC at (Partnering School)’s expense.  In the event that an injunction is issued preventing the use of the License, Software or Upgrades by either (Partnering School), its (PARTNERING DISTRICT) Schools or Users, either party may, at its sole option, terminate this Agreement under the terms set forth in Section 9 of this Agreement.

    1. Termination for Cause. Each party shall have the right to terminate this Agreement and the License upon the occurrence of any of the following events: (i) in the event either party fails to comply with any of the terms and conditions of this Agreement and such default has not been cured within thirty ( 30) days after receiving written notice; or (ii) in the event either party (A) terminates or suspends its business, (B) becomes subject to any bankruptcy or insolvency proceeding under Federal or state statute, (C) becomes insolvent or subject to direct control by a trustee, receiver or similar authority, or (D) has wound up or liquidated, voluntarily or otherwise.  
    2. Termination Without Cause.  Each party shall have the right to terminate this Agreement and the License without cause so long as it provides thirty (30) days written notice to the other party.  
    3. Any and all access to and use of the Software and Upgrades by (Partnering School), (PARTNERING DISTRICT) Schools and Users shall cease immediately upon the termination of the Agreement whether with or without cause.
    4. In the event (Partnering School) terminates this Agreement with or without cause prior to the end of the Term, (Partnering School) shall have no right to a refund or return of any fees paid under this Agreement.    
    1. Force-Majeure.  Neither party shall be responsible for any failure to perform due to unforeseen circumstances or causes beyond its control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, government orders, epidemics or pandemics, carrier service interruptions, or shortages of transportation facilities, fuel, energy, labor or materials.  A party whose performance is affected by a force majeure condition shall be excused from such performance to the extent required by the force majeure condition, so long as such party takes all reasonable steps to avoid or remove such causes at nonperformance and immediately continues performance whenever and to the extent such causes are removed.
    2. Waiver.  The waiver of one breach or default or any delay in exercising any rights under this Agreement shall not constitute a waiver of any subsequent breach or default.
    3. Superseding Precedent.  The terms and conditions of this Agreement shall supersede, control and have precedent over any different or conflicting terms or conditions that may exist in the rules, policies or documents of the (Partnering School) or (PARTNERING DISTRICT) Schools.
    4.  Severability.  If any of the provisions of this Agreement are held to be invalid under any applicable statute or rule of law, they are, to that extent, deemed omitted with the remainder of the Agreement surviving.
    5. Exhibits.  All exhibits referenced herein are incorporated into this Agreement by this reference and hereby deemed to be elements of the Agreement.   
    6. Governing Law and Dispute Resolution.  This Agreement shall in all respects be governed by the laws of the State of California and the United States, without regard to or for any otherwise applicable conflict of laws.    Each party hereby agrees that in the event of any dispute or controversy arising out of or relating to this Agreement, the License, the Software or the Upgrades, the parties will exercise their best efforts in good faith to attempt to resolve the dispute or controversy informally.  If the dispute or controversy is not resolved to the mutual satisfaction of the parties within thirty (30) days of notice of the dispute or controversy, the parties shall submit the dispute to mediation.  If the dispute or controversy is not resolved after one hundred eighty (180) days from the date of submission to mediation, the parties shall submit the matter to binding arbitration under the AAA Rules.  All activities and meetings related to the resolution of any dispute or controversy under this Agreement, whether informal, mediation or arbitration, shall be brought and held exclusively in the City of Los Angeles.  During the resolution of the dispute or controversy, the parties shall continue to perform their respective obligations under this Agreement which are not materially impaired or impacted by the dispute or controversy.    
    7. Notices.  All notices permitted or required under this Agreement shall be in writing and shall be delivered in person, via fax or email, or mailed by first class. registered or certified mail, postage prepaid, to the address of the party specified in the introductory paragraph at the beginning of this Agreement or such other address as either party may specify in writing.  Such notice shall be deemed to have been given upon receipt.  
    8. Amendment.  This Agreement and its exhibits may only be amended by a written agreement signed by both parties.
    9. Counterparts.  This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.
    10. Entire Agreement.  This Agreement and its exhibits, including but not limited to the Privacy Policy, collectively constitute and represent the entire agreement between the parties and supersedes all prior or contemporaneous oral or written agreements and understandings with respect to the matters covered by this Agreement.