Path to Reading Excellence in School Sites (PRESS) Terms of Service

Last Updated: June 2018

General Provisions

1. By accessing this site, you are agreeing to be bound by these Terms of Service. Regents of the University of Minnesota (the “University,” “we” or “us”) may, at any time, without notifying you, change the provisions of these Terms of Service, which may become effective immediately. By accessing this site after any such change, you are agreeing to be bound by these Terms of Service, as changed.
2. We may change the content or any other aspect of the services provided on this site, at any time, without notifying you in advance.
3. We have not reviewed content submitted to this site. We are not responsible for the accuracy, completeness or reliability of the content. We do not endorse or criticize the scientific or clinical merit of content submitted to this site.

Submission Policy

1. By submitting content to this site, you are agreeing to be bound by this policy. You are granting us a non-exclusive, royalty-free, irrevocable, world-wide perpetual right and license to gather, store, reproduce, distribute or publicly display the content you submit. You are granting us the right to modify the content and to create a derivative work based on it but only in connection with modifying the content for storage or display in a different medium or format. We may grant others the right to store, reproduce, distribute or publicly display content you submit.
    
2. By submitting content to this site, you are not assigning to us ownership of the intellectual property rights in the content.
    
3. You are solely responsible for the content you submit. We generally do not review the content. You are prohibited from submitting content that is defamatory or libelous, that violates another’s intellectual property rights or rights of privacy or publicly or that is abusive, obscene or otherwise unacceptable. You are also prohibited from submitting content in which you do not have a legal right, as an author or otherwise, to submit to the site.
    
4. We reserve the right to remove, with or without prior notice to you, content that you submit that in our opinion violates these Terms of Service.

 
Family Educational Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act ("FERPA") protects the privacy of student educational records and limits when a school may disclose a student's educational records. You are solely responsible for ensuring that your use of this site and all of its functionality is compliant with all applicable laws related to disclosure of student information and regulations, including, but not limited to, FERPA.

Data Collection, Use and Privacy

1. In your accessing and using this site, we gather, collect and store information on your usage and on content you submit to us.
    
2. We may use the information we have gathered, collected and stored from you for any legitimate purpose, consistent with applicable law. We expect to use that information to test and improve the site and the underlying software. We also expect to use that information to conduct academic and/or professional research, consistent with applicable law and University of Minnesota policies, procedures and rules.
    
3. We will not access or use your Content except as necessary to maintain or provide the Service Offerings, or as necessary to comply with the law or a binding order of a governmental body. We will not (a) disclose Your Content to any government or third party or except as necessary to comply with the law or a binding order of a governmental body. Unless it would violate the law or a binding order of a governmental body, we will give you notice of any legal requirement or order referred to in this Section. We will only use your Information in accordance with the Privacy Policy, and you consent to such usage. All data stored will comply with HIPAA and PII safeguards and record storage. Path to Reading Excellence in School Sites (PRESS) will use anonymous utilization data tracking to improve Path to Reading Excellence in School Sites (PRESS)’s features and services offerings, along with furthering research within the University of Minnesota. Such improvements from collected data are the sole property of Path to Reading Excellence in School Sites (PRESS). Path to Reading Excellence in School Sites (PRESS) may require access to your Path to Reading Excellence in School Sites (PRESS) content and instance to troubleshoot and resolve issues and service interruptions.
    
4. These Terms of Service incorporate the University of Minnesota College of Education and Human Development’s Online Privacy Policy, posted at http://www.cehd.umn.edu/privacy/ (“CEHD Privacy Policy”). The CEHD Privacy Policy shall govern your access and use of the site. The CEHD Privacy Policy may be amended from time to time, and any such amendment shall govern your access and use of the site after the effective date of the amendment.

Security

Path to Reading Excellence in School Sites (PRESS) employs technical environments via Amazon Web Services, employing SOC1, SOC2, and SOC3 compliant security and methodologies. Refer to Amazon’s SOC1, SOC2, and SOC3 compliance documentation. We will implement reasonable and appropriate measures designed to help you secure your Content against accidental or unlawful loss, access or disclosure.

Attestation Standard Section 801 (AT 801) is a standard designed for service organizations (like AWS) to independently report on compliance with policies, procedures and controls. It provides guidance to the auditors who assess AWS as a service organization. The AWS SOC 1 Report is prepared in accordance with AT 801 by independent service auditors (Ernst & Young, LLP) and provides an assurance report and independent auditor’s opinion on AWS internal controls that may be relevant to a customer’s internal control over financial reporting. AT 801 is issued by the Auditing Standards Board (ASB) of the American Institute of Certified Public Accountants (AICPA) and supersedes the two prior service organization controls guidance standards for auditors commonly known as SSAE 16 and SAS 70.

The AWS SOC 2 Security & Availability and SOC 3 Security & Availability Reports are prepared in accordance with Attestation Standard Section 101 (AT 101) which is a standard that enables an auditor to report on subject matter other than financial statements based on the AICPA Guide Reporting on Controls at a Service Organization Relevant to Security Availability, Processing Integrity, Confidentiality, or Privacy and Trust Services Principles and Criteria.
All data for Path to Reading Excellence in School Sites (PRESS) is encrypted and secure via SSL encryption.
Service Commitment

Path to Reading Excellence in School Sites (PRESS) will use commercially reasonable efforts to insure the solution is available with a Monthly Uptime Percentage of at least 99.95%. Path to Reading Excellence in School Sites (PRESS) will manage reported instance outages within 4 hours of first instance report. Non-critical feature enhancements and bug fixes will be handled in priority and development cycles. All support and issue reporting is handled via the support and feedback link contained within each Path to Reading Excellence in School Sites (PRESS) instance. 

Intellectual Property

1. You are solely liable for claims brought by third parties alleging that your submission of content to this site (including our exercising any right you granted us under the Submissions Policy) violates the parties’ intellectual property or other rights. We will not defend or indemnify you for any claims.
    
2. You do not have any right, title, interest or license in the site, the content submitted to the site by others or the software and related documentation for the site.

Representations and Warranties

1. We make no representations or warranties about the site or the services offered on it. You access the site and use the services offered here at your sole risk.
   
   WE OFFER AND YOU ACCEPT THE SERVICES OFFERED ON THE SITE “AS IS” AND “WITHOUT WARRANTY”.
   
   WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES RELATED TO THIS SITE AND THE SERVICES OFFERED ON IT. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT.
    
2. IN ANY ACTION OR SUIT BROUGHT AGAINST US ARISING OUT OF YOUR ACCESSING THE SITE AND USING THE SERVICES OFFERED HERE, YOU ARE PROHIBITED FROM RECOVERING LOST PROFITS, LOST BUSINESS OR RESEARCH OPPORTUNITY, WORK STOPPAGE, LOST DATA OR ANY OTHER RELIANCE OR EXPECTANCY, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OF ANY KIND.

General Terms

1. The laws of the state of Minnesota shall govern the interpretation and enforcement of these Terms of Service. All causes of action arising out of these Terms of Service shall be brought and maintained in the courts of the state of Minnesota.
    
2. These Terms of Service are intended as the final and binding expression of their contract and agreement and as the complete and exclusive statement of the terms thereof. These Terms of Service cancel, supersede and revoke all prior negotiations, representations and agreements among the parties, whether oral or written, relating to the subject matter of these Terms of Service.
    
3. We may suspend or terminate your account and access to all or any part of the site at any time for any reason, with or without prior notice to you.

Path to Reading Excellence in School Sites (PRESS) Privacy Policy

Last Updated: June 2018

1. Introduction 
   
   This Privacy Policy discloses the University of Minnesota’s (the “University,” “we,” or “us”) privacy practices for its Path to Reading Excellence in School Sites (PRESS) website (the “Site”).  This Privacy Policy is subject to the University of Minnesota Online Privacy Statement, at http://privacy.umn.edu/ and its Acceptable Use of Information Technology Resources administrative policy, at https://policy.umn.edu/it/itresources.
   
   The Site may contain links to other websites for your convenience and information. We are not responsible for the privacy practices or the content of those sites.
    
2. Privacy and Compliance 
   
   We strive to comply with the federal Children's Online Privacy Protection Act ("COPPA") and Family Educational Rights and Privacy Act ("FERPA").
   
   We may collect, use and disclose personal information about individuals who are under the age of 13 solely for educational purposes, for the benefit of users of the Site (and users' educational institutions) and for no other commercial purpose. (We describe that information in more detail below.) In the Terms of Service for the Site, we expressly prohibit users of the Site from uploading to the Site any personal information on an individual who is under the age of 13 unless the user has obtained verifiable consent for the collection, use and disclosure of personal information on that individual from the individual's parent or legal guardian.
   
   Consistent with the Federal Trade Commission regulations implementing COPPA, we do not seek or obtain verifiable consent to collect, use or disclose personal information about an individual who is under the age of 13 from the individual's parent or legal guardian. We solely rely on the assurances each user (and the user's educational institution) who uploads to the Site personal information about individuals who are under the age of 13 representations and others gives to us that adequate, verifiable consents have been obtained from individuals' parents or legal guardians and have not been revoked. Each user (and their educational institution) is solely responsible for obtaining verifiable consents for all personal information they upload to the Site.
   
   In the Terms of Service, we describe each user's right to review, edit and delete personal information the user uploaded to the Site. Generally, we will stop collecting, using and disclosing and we will delete personal information on an individual upon request by the user who uploaded the personal information. This right applies to personal information we collect, use and disclose on individuals under the age of 13 and others and is described in detail in the Terms of Service for the Site.
   
   We are subject to the Minnesota Government Data Practices Act, Minnesota Statutes, §13.01 et seq. We are obligated by Minnesota law to share public data we collect. Public data, which is defined by law, stored on our servers or otherwise in our possession or control is subject to public inspection and disclosure unless exempt by law. When required by law (for example, to comply with a court order or subpoena or as required by Minn. Stat. §13.15 to the Minnesota Commission of Administration or to a state or federal law enforcement agency), we will disclose personal information collected from a user to a government agency, court official or a third party.
   
   NOTICE TO PARENTS AND LEGAL GUARDIANS 
   
   This Privacy Policy does not govern a school's policies permitting a user to deliver to us personal information on your child. You should contact the school if you have questions or concerns about the school's privacy policy and practices. If you want to access, change or delete personal information on your child that has been delivered to us, you should make such a request to the school. If we learn that personal information on your child has been disclosed or accessed in violation of this policy or law, we will notify the user who delivered that information to us. That user is obligated to notify you and your child of any unauthorized disclosures.  
    
3. Security and Notifications  
   
   We take commercially reasonable steps, consistent with industry practices, to secure personal information delivered to us and to prevent unauthorized disclosure and access, maintain data accuracy and ensure the appropriate use of all personal information delivered to us.
   
   We do not promise that personal information delivered to us will, at all times, be secure, that our efforts to protect it will be successful, or that it will not be disclosed to or accessed by third parties.
   
   We will notify a user if personal information delivered to us by the user has been disclosed or accessed by a third party in violation of this policy or applicable law. We may not separately notify the subject of personal information delivered to us of unauthorized disclosure or access by a third party to that personal information.
    
4. Information We Collect  
   
   We collect personal information users upload to the Site ("Personal Information") and we collect non-personal information concerning each user's use of the Site ("Site Use Information").
   
   We collect the following Personal Information:
   • Name and e-mail address of the user
   • Name of user's school and school district
   • Any other data a user uploads to the Site
   
   We or a third party contracted by us collect the following Site Use Information:
   • Information describing the computer, mobile device or other device used to access the Site, including IP address, geolocation information, unique device identifiers, browser type, browser language and other transactional information

   • The internet protocol address (URL or IP address) of the referring site

   • Protocol (IP) addresses (the region or general location where your computer or device is accessing the Internet), browser type, operating system and other usage information about the use of the Site,

   • The domain name and IP address from which the access occurred, the version of browser used, the capabilities of the browser, and search terms used on our search engines

   • The pages visited on the Site

   • The date and time of the visit

5. Cookies  
   
   The Site uses "cookies" and Web beacons, HTML5 local storage and other similar technologies to recognize users. Cookies are pieces of information stored by your web browser on behalf of a web site and returned to the web site on request. A user may not be able to access certain areas of the Site if the user's computer or device does not accept cookies from the Site. The Site do not respond to browser-based "do not track" signals.
   
   We are not responsible when third parties use cookies or otherwise track a user or a user's use of the Site.
    
6. Our Use of Information We Collect  
   
   We use personal information delivered to us solely as described in this Privacy Policy or to provide services described in the Terms of Service for the Site.
   
   We use the information to maintain and improve the Path to Reading Excellence in School Sites (PRESS) site and to develop future products and to comply with applicable laws, regulations, rules and administrative agency and court orders.
   
   We use the information to maintain the security and performance of the Site.
   
   We use the information to perform statistical, demographic and other analyses of users of the Site to improve the Site and users' experiences.
   
   We use and disclose aggregated or de-identified information collected from user and users' use of the Site to conduct research projects and for other purposes.
   
   We will not use the information delivered to us to advertise a third party's products or services and we will not deliver the information to a third party to use to advertise products or services.
   
   We may deliver the information, including personal information on individuals, in connection with the sale, license or transfer of all or part of the Site to a third party.
   
   We deliver the information to a third party that has entered into an agreement with us to provide us services in connection with the Site. We generally prohibit third party service providers from disclosing the information to another third party and from using the information for any purpose other than to provide us services in connection with the Site.
   
   We share the information delivered to us with third parties as required by applicable laws, regulations, rules and administrative agency and court orders.
   
   We are not responsible for the personal information you choose to submit in the course of your public activities and we have no responsibility to publish, take down, remove or edit any of your submissions to the Site. We also have no responsibility when you use the Site to share or recommend links to content posted on third-party platforms.
    
7. Data Ownership  
   
   Users (or their educational institution) retain ownership of all personal information they deliver, including all student, teacher, and/or mentor data submitted.
    
8. User Rights  
   
   NOTICE TO CALIFORNIA RESIDENTS 
   
   A California resident under the California Shine the Light law, Cal. Code, Civil §1798.83, has the right to receive, at no cost, written notice from us of our delivery of personal information on the resident to a third party in the preceding year. All requests for information under the law should be delivered to the following address:
   
   Education Technology Innovations
   224 McNamara Alumni Center
   Minneapolis, MN 55455
   
   Or eti@umn.edu
    
9. Changes to This Policy  
   
   We reserve the right to amend the terms of this Privacy Policy at any time. Any such changes will be posted on this page.