Terms of Service
October 3, 2018
The following Terms of Service for E4Effort Inc. (aka E4Effort, E4Effort System) adheres to the recommendations of the U.S. Department of Education’s Privacy Technical Assistant Center’s Model Terms of Service– March 2016.
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the E4Effort website (https://e4effort.com ), Teacher Dashboard, Student Portal and/or Mobile Scoring App application (the “Service”) operated by E4Effort (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
We may terminate or suspend access to our Service without prior notice or liability, for any reason including breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Some Plans offered by the Service are free (Bronze) and some are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring monthly or yearly basis for subscriptions based on your election.
1.0 Acceptable Use
The School/School District and end users who have been authorized by the School/School District to use the E4Effort Service, and individual teachers who may sign up on their own accord, agree not to use the E4Effort’s software, computer systems, mobile app, and platforms:
- to generate, send, or facilitate the distribution of unsolicited commercial email (spam);
- to violate the legal rights of others or encourage the violation of the legal rights of others;
- for any illegal, unlawful, or fraudulent purpose;
- to distribute viruses, spyware, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive and/or deceptive nature;
- to act as a repository for the sharing or distribution of pirated software, pirated video, or pirated audio;
- to alter, interfere with, circumvent, reverse engineer, or disable any aspect of the Service;
- to use the Service, or a component of the Service, in a manner not authorized by E4Effort.
E4Effort reserves the right to take any action necessary to protect its ability to deliver the Service.
2.0 Definition of “Data”
Data includes all Personally Identifiable Information (PII) and other non‐public information. Data includes, but is not limited to, student data, metadata, and user content.
2.1 Data De-Identification
E4Effort may use de-identified Data for product development, research, or otherpurposes.De-identified Data will have all direct and indirect personal identifiers removed. This includes, but is not limited to, name, ID numbers, date of birth, demographic information, location information, and school ID. Furthermore, E4Effort agrees 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. Transferring de-identified Data to third parties would only be done to a) improve E4Effort, and/or b) validate efficacy of the E4Effort System. E4Effort will never charge for de-identified Data.
2.2 Marketing and Advertising
E4Effort will only use Data for the operation of the E4Effort Service. E4Effort will not use any Data to advertise or market to students or their parents. Advertising or marketing that speaks to the efficacy of our Service may be directed to teachers, schools, or districts only if cited Data is properly de-identified.
2.3 Modification of Terms of Service
E4Effort will not change how Data are collected, used, or shared under the terms of this Agreement in any way without advance notice to and consent from the School/School District.
2.4 Data Collection
E4Effort will only collect Data necessary to fulfill its duties as outlined in this Agreement.
2.5 Data Use
E4Effort will use Data only for the purpose of fulfilling its duties and providing Services under this Agreement, and for improving Services under this Agreement.
2.6 Data Mining
E4Effort will not do any Data mining for any purpose other than to protect or improve its Systems (e.g. scanning for malware, fixing software bugs, improving software performance or features). E4Effort will not perform Data mining or scanning of user content for the purpose of advertising or marketing to students or their parents.
2.7 Data Sharing
The School/School District understands that E4Effort will rely on one or more subcontractors to perform services under this Agreement. E4Effort agrees to share the names of these subcontractors with User upon request. All subcontractors and successor entities of E4Effort will be subject to the terms of this Agreement.
2.8 Data Transfer or Destruction
E4Effort will ensure that all Data in its possession and in the possession of any subcontractors, or agents to which E4Effort may have transferred Data, are destroyed when the Data is no longer needed or if the School/School District makes a request to destroy Data. Prior to destruction, if School/School District makes a request, all usable Data will be transferred to corresponding School/School District.
2.9 Rights and License in and to Data Access
Regarding Data, all parties agree that all rights, including all intellectual property rights, shall remain the exclusive property of the School/School District and E4Effort has a limited, nonexclusive license solely for the purpose of providing Services associated with the E4Effort System. Any rights that E4Effort has to the Data is expressly listed in these Terms of Service and no other rights are implied. The rights to Data that are extended to E4Effort by the School/School District are subject to the Family Educational Rights and Privacy Act (FERPA). The School/School District extends this right to use of the Data as outlined in these Terms of Service under the FERPA School Official exception provision. The School/School District acknowledges that the School/School District has an obligation to define this in its annual notification of FERPA rights to parents and students.
Any Data held by E4Effort will be made available to the School/School District upon request by the School/School District.
2.11 Security Controls
E4Effort will store and process Data in accordance with industry best practices. This includes appropriate administrative, physical, and technical safeguards to secure Data from unauthorized access, disclosure, and use. E4Effort will conduct periodic risk assessments and remediate any identified security vulnerabilities in a timely manner. Our servers have several tools installed by default which help look for malware and other issues. E4Effort will also have a written incident response plan, to include prompt notification of the School/School District in the event of a security or privacy incident, as well as best practices for responding to a breach of PII. Provider agrees to share its incident response plan upon request.
FERPA is the Family Educational Rights and Privacy Act of 1974, a federal law enacted to protect the privacy and accuracy of a student’s education records. Some states have enacted obligations in addition to the federal law. FERPA compliance is an issue between the student and the School/School District. E4Effort does not collect any Data directly from students that is subject to FERPA. All Data collected that is subject to FERPA is entered by the School/School District staff users. E4Effort will support fully the School’s efforts to meet their FERPA obligations. If a parent or student contacts E4Effort directly, E4Effort will redirect the parent or student to the School/School District. If the School/School District needs assistance when fulfilling a FERPA request, E4Effort will cooperate fully to ensure the School/School District is able to meet its obligation.
COPPA is the Children’s Online Privacy Protection Act. E4Effort complies with COPPA. E4Effort collects Data from students for the delivery of its educational Services only and solely for the benefit of the student and the School/School District.
E4Effort may collect the following personal information directly from a student/child under 13: a) Student ID/Login Information; b) Student email (optional), and c) Student redemption selections made from offers created by teacher/school for effort points (“Shares”) earned by student. E4Effort does not use any of this information for any purpose except for providing the Service. E4Effort does not maintain this Data longer than necessary to provide its educational Service.
The School/School District consents to this collection as described in this section titled COPPA. The School/School District agrees that it has the right to consent with the collection of this limited data from students under 13 because it is used solely for educational purposes.
E4Effort will provide the school with the required notices for COPPA compliance. This annual notice will be sent electronically to the School/School District and will be clearly available on the E4Effort website at https://e4effort.com/coppa-notice/
5.0 SOPIPA and AB 1584
Student Online Personal Information Protection Act (California and New Hampshire) E4Effort fully complies with SOPIA.
- E4Effort will not use Data from our Service to create target advertising;
- E4Effort will not create advertising profiles on students;
- E4Effort will not sell student Data or information;
- E4Effort will not disclose information, unless required by law or as part of the maintenance and development of our Service;
- E4Effort uses sound information-security practices, which often includes encrypting Data;
- E4Effort will delete Data that we have collected from/on students in a school when requested by School/District;
- E4Effort will share information only with educational researchers or with educational agencies performing a function for the School/School District;
- To develop and improve our Service safely without compromising student privacy, E4Effort will innovate by using fake student names to generate fake data or by using de-identified and aggregated Data.
E4Effort fully complies with AB 1584 of the California Education Code such that:
- (b-1) Pupil records continue to be the property of and under the control of the local educational agency. See section 2.9
- (b-2) E4Effort does not retain, possess, or control pupil-generated content.
- (b-3) E4Effort does not use any information in the pupil record for any purpose other than those required or specifically permitted by the contract. See section 2.5
- (b-4) E4Effort provides a description of the procedures by which a parent, legal guardian, or eligible pupil may review personally identifiable information in the pupil’s records and correct erroneous information. See section 3.
- (b-5) E4Effort provides a description of the actions the third party will take, including the designation and training of responsible individuals, to ensure the security and confidentiality of pupil records. See section 2.11.
- (b-6) E4Effort provides a description of the procedures for notifying the affected parent, legal guardian, or eligible pupil in the event of an unauthorized disclosure of the pupil’s records. See section 2.11.
- (b-7) E4Effort provides a certification that a pupil’s records shall not be retained or available to E4Effort upon completion of the terms of the contract and a description of how that certification will be enforced. See section 2.8.
- (b-8) A E4Effort provides a description of how the local educational agency and the third party will jointly ensure compliance with the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g). See section 3.
- (b-9) E4Effort prohibits third parties from using personally identifiable information in pupil records to engage in targeted advertising. See section 2.3
6.0 NO WARRANTIES
E4Effort expressly disclaims any warranty for its Service. E4Effort is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose.
E4Effort does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Service.
E4Effort makes no warranties that the Service will be error free or uninterrupted, that all errors will be corrected or that the Service is free from viruses or other harmful components. Some features are experimental and have not been tested. E4Effort further expressly disclaims any warranty or representation to Authorized Users or to any third party.
7.0 LIMITATION OF LIABILITY
In no event shall E4Effort be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of ‘Authorized Users’ use of or inability to use any of the Service even if E4Effort has been advised of the possibility of such damages. In no event will E4Effort be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. E4Effort shall have no liability with respect to the content its Service or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
User agrees to indemnify and hold E4Effort, its affiliates, officers, employees and agents harmless from and against any and all claims, costs, demands, liabilities, suits, or actions (including all reasonable expenses and attorneys’ fees) for any loss, damage (including incidental, punitive, exemplary, consequential, and special), injury, or other casualty of any kind whatsoever arising out of or resulting from User’s use of or access to the Service or any act or omission by you or under your account or email address. We provide our Service using a commercially reasonable level of skill and care.