Cosmos Additional Terms of Use for Schools

Effective Date: August 10, 2017

Welcome to Atlas Learning’s Additional Terms of Use for Schools (the “Additional Terms”). Our Additional Terms serve as a supplement to our Privacy Policy and General Terms of Use (collectively referred to as the “Terms”). In the event of any conflict between our Terms, the Additional Terms prevail. These Additional Terms apply to school districts, schools, and any related or affiliated entities (hereinafter referred to as “Schools”), including but not limited to Teachers or Administrators who access or use our Services on behalf of Schools. Capitalized terms that are not defined below have the definitions given them in the General Terms of Use.

By using our Services, you authorize us to access and/or receive Student Data or other information via third-party platforms previously authorized by your School, Secure File Transfer Protocol (“SFTP”), or any other secure transfer method to provide you software integration services.

SECTION 1: KEEPING YOUR STUDENT DATA CONFIDENTIAL AND COMPLYING WITH APPLICABLE LAWS

Student Data is considered confidential and will never be knowingly shared with third parties other than as described in the General Terms of Use 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 and Protection Act (“COPPA”). We provide the Services under the school official exception of FERPA 34 CFR Part 99.31(a)(1). The Children’s Online Privacy and Protection Act (“COPPA”) requires that online service providers obtain clear and verifiable parental consent before collecting personal information from children under 13. Educational institutions may consent to the collection or disclosure of information of students, and you represent and warrant that you have the authority to provide consent on behalf of parents for us to collect information from students before allowing children under 13 to access our Services. We recommend that Schools provide appropriate disclosures to parents regarding their use of service providers such as Atlas Learning and that they are provided a copy of our Privacy Policy.

SECTION 2: AUTHORIZATION TO ACCESS YOUR STUDENT DATA

Our Access: You hereby grant us access to the Student Data associated with the use of our Services and will facilitate the integration of Cosmos with all required third party applications necessary to enable use of our Services. The disclosure or providing of PII via the use of our services or otherwise hereby grants us a non-exclusive, royalty-free, worldwide license to use, transmit, distribute, modify, reproduce, display, and store such information only for the purposes of providing the Services as contemplated in and enforcing our rights hereunder. Atlas Learning will not use Student Data and PII to engage in targeted advertising. PII will only be used as necessary to provide the Services pursuant to our Terms and these Additional Terms to Schools, Students, Teachers, Administrators, and any other users of our Service.

Third Party Access: All PII is treated as confidential and will never share it with third parties other than as described in our Terms and these Additional Terms. We will not send Student Data to a Developer unless explicitly authorized by you. You that, as between us, you are solely responsible for the consequences of providing or transmitting Student Data to third parties, or authorizing those third parties to access Student Data through the Services. At any time, you can revoke any third party’s ongoing access to Student Data via by emailing us at info@atlaslearning.net.

We provide access to Student Data only to those employees and certain trusted service providers who have a legitimate need to access such information in connection with providing the Services to you. Of course, anyone involved in the handling of Student Data will treat such data as strictly confidential 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.

Other Access: Schools control Student Data. Parents, legal guardians, and students can ask for their Student Data via their Schools. If there are any changes that need to be made, the district will upload the new Student Data.

SECTION 3: HOW WE USE YOUR STUDENT DATA

In General: By disclosing or providing Student Data, PII, or other information to us, whether via the Services or other methods, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to us a non-exclusive, royalty-free, worldwide license to transmit, distribute, use, store, reproduce, and display the Student Data only for the purposes of providing the Services as contemplated in and enforcing our rights hereunder. For clarity and without limitation, we will not use PII and Student Data to engage in targeted advertising.

Anonymous Data: You agree that we may collect, share, or otherwise use data derived from Student Data, including data about any Users’ access and use of the Services, that has anonymized, aggregated, or otherwise de-identified such that the data cannot reasonably identify a particular student, User, or School. We may use such data to evaluate, analyze, operate, improve, or market our Services. Any information derived from Student Data that is either disclosed or shared will be made either anonymized or aggregated in order to reasonably avoid identification of individual students. You further agree that we may use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of the anonymous, aggregated Student Data even after this Agreement has expired or been terminated.

SECTION 4: DELETING STUDENT DATA AND TERMINATING YOUR ACCESS TO THE SERVICES

Deleting Student Data: Atlas Learning will use all commercially reasonable efforts to comply with written requests from Schools or Parents for access to and review their Student Data within a reasonable amount of time, but not more than 30 days after we have received said request. If you grant access to Student Data to a third party and subsequently need that data deleted, you need to request such deletion directly from that third party. Students accounts may be deleted, though doing so will deny access to content purchased by the School from our Client publishers for the student. In order to delete a student account, parents can contact the school, and the teacher can request this action be performed by emailing info@atlaslearning.net. Schools may also contact us by sending an email to info@atlaslearning.net in order to terminate their access to our Services. Any provisions that by their nature survive terminate shall remain in place and effective.

Within seventy-two (72) hours of our receipt of any notice of termination or earlier if commercially reasonable to do so, we will cease accessing PII. We will automatically delete or de-identify all Student Data within seventy-two (72) hours of our receipt of the termination notice, except for Student Data residing on backups or internal logs which will be removed within sixty (60) days, and will provide notice to the School when Student Data has been deleted and/or anonymized as described in Section 3 above. As noted above, Student Data that has previously been made available to third parties may still be in third party’s possession notwithstanding the School’s termination of these Additional Terms for Schools and our General Terms of Use, and the Developer’s subsequent use or deletion will be governed by any agreements between School and any third party providers. We may terminate these Additional Terms for Schools and our General Terms of Use in accordance with the General Terms of Use.

SECTION 5: PRIVACY AND SECURITY

Atlas Learning maintains industry level administrative, technical, and physical safeguards to protect Student Data stored in our servers, which are located in the United States. We limit access to Student Data only to those employees or service providers who have a legitimate need to access such data in the performance of their duties, and we provide employee training on privacy and data security laws and best practices. If there is any disclosure or access to any personally identifiable 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 may be responsible for the timing, content, cost, and method of any required notice and compliance with those laws. However, at the request of the School and when permissible under applicable law, Atlas Learning agrees to bear responsibility for the timing, content and method of such required notice on behalf of the Schools. In all instances, Atlas Learning will indemnify Schools for all reasonable costs associated with compliance with such notice requirements arising from a breach of the Atlas Learning Service. For clarity and without limitation, Atlas Learning will not indemnify for any notification costs arising from a breach of a third party application whose service is accessed through the Atlas Learning Service.