Last updated March 17, 2021
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.
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.
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 firstname.lastname@example.org.
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 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
XI. International Use
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 email@example.com.
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 firstname.lastname@example.org.
TERMS OF SERVICE
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.
(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.