Digitability Online Privacy Policy

Access to, and use of, this website and its accompanying materials and content is subject to the terms and conditions listed below (the "Agreement"). Please read and review carefully these terms and conditions which govern your use of this website and its accompanying materials and content. Your use of this website and its accompanying materials and content signifies your binding consent to this Agreement. This Agreement supersedes all previous representations, understandings, or agreements regarding the information contained herein.

MODIFICATIONS

Digitability may revise this Agreement from time to time as a result of changes in applicable law, regulations, product and service offerings or Digitability operations.

COPYRIGHT

© All material and content on this website is under the copyright of Digitability, Inc. (2016-2024). Only employees of Digitability, authorized Digitability subscribers (including, but not limited to, teachers and students), authorized Digitability vendors and such other persons as Digitability may designate, in its sole discretion from time to time ("Authorized Users"), may utilize this website and its accompanying materials and content. Authorized Users may download copyrighted material for their own use only. No part of this website and its accompanying materials and content, including the videos, lesson plans, training, images, projects, files, templates, printable, may be reproduced for sale and sale is strictly prohibited.

WARNING: This website and all accompanying materials and content are protected by applicable copyright law and international treaties. Unauthorized reproduction, distribution or use of materials or content may result in civil and/or criminal penalties and will be prosecuted to the maximum extent permitted under applicable law. You may not: (1) rent, lease or sublicense the online subscription service, materials or content; or (2) decompile, reverse assemble or reverse engineer the online subscription service.

DISCLAIMER OF WARRANTIES

This website and its accompanying materials and content (including instructions for use) are provided "as is" and "as available" and without representations or warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. No oral or written information or advice given by Digitability shall create a warranty and you may not rely on any such information or advice.

LIMITATION OF LIABILITY

Digitability does not warrant, guarantee, or make any representations regarding the use, or the results of use, of this website and its accompanying materials and content in terms of correctness, accuracy, reliability, currentness, or otherwise. The entire risk as to the results and performance of this website and its accompanying materials and content is assumed by you. If this website and its accompanying materials and content are defective, Digitability's sole responsibility shall be the replacement of the defective subscription, materials or content and you shall have no further remedy relating to the defect.

Digitability shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Digitability has been advised of the possibility of such damages), resulting from: (a) the use of or the inability to use this website and its accompanying materials and content; (b) the cost of procurement of substitute goods and services resulting from any inability to use this website and its accompanying materials and content; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on this website or its accompanying materials and content; or (e) any other matter relating to this website and its accompanying materials and content.

Digitability's products and services are controlled and operated from US-based facilities and it makes no representations that they're appropriate or available for use in other locations. If you access or use the services from other jurisdictions, you understand that you're entirely responsible for compliance with all applicable international, United States and local laws and regulations, including but not limited to export and import regulations. Digitability does not target marketing campaigns or other marketing activities to individuals or organizations outside of the US. Digitability is committed to protecting its subscribers' personally identifiable information ("PII") as detailed in this Agreement.

CONFIDENTIALITY

This website and its accompanying materials and content contain information and images confidential and proprietary to Digitability, including, but not limited to, marketing information, product information, advertising and teacher and student data ("Confidential Information"). Accessing, using, copying, distributing, disseminating and changing Confidential Information is subject to Digitability policies, restrictions and procedures regarding confidentiality, including, but not limited to, the policies set forth herein.

Only Authorized Users may access and/or use the Confidential Information contained on this website. If you have accessed this website and its accompanying materials and content without authorization, you are unlawfully and wrongfully doing so. By proceeding to use this website and its accompanying materials and content, you represent that you are an Authorized User and that you have no personal or proprietary interest in the Confidential Information. If you do not agree to such terms, you are prohibited from using and accessing this website and its accompanying materials and content.

You have been given access to the Confidential Information based upon your representation that you have a need for such access and that you will only use such Confidential Information for authorized use. You shall not allow any unauthorized person or entity access to this website and its accompanying materials and content (including, but not limited to, the Confidential Information) under your personal username and/or security password. You understand that any violation of these terms could result in disciplinary, legal and/or other action against you. You assume any and all liability for the acts of any unauthorized user to whom you provided access to this website and its accompanying materials and content.

If disclosure of any of the Confidential Information is requested pursuant to any subpoena or as part of any legal proceeding, deposition or cause of action, you will assert the privilege applicable to confidential business and proprietary information and will refuse to respond (to the fullest extent allowed by law). You will promptly advise your employer (or the party providing you with access to this website and its accompanying materials and content) and Digitability in writing of any such request for disclosure.

Unless otherwise prohibited by law, you agree to indemnify and hold harmless Digitability from and against all liabilities, injuries, damages, losses, costs (including, but not limited to, court costs and attorneys' fees), fines, penalties and expenses directly or indirectly resulting from the input of unsolicited Confidential Information saved in free-form text entry fields by yourself or any other person authorized to enter information on your behalf.

USAGE POLICY

Authorized Users may use the materials and content and the Confidential Information on this website solely for their personal use. Accessing, using, copying, distributing, disseminating and/or changing Confidential Information is subject to your underlying agreement with Digitability and your compliance with this Agreement. Failure to comply with your underlying agreement with Digitability or this Agreement may subject you and/or your company to immediate termination of access rights to this website and its accompanying materials and content and/or any other actions Digitability may deem appropriate. Upon expiration of your subscription, all Authorized User accounts associated with your subscription will be automatically inactivated.

Authorized Users include (but are not limited to) service providers and students with a student login credential. Deactivation of a customer's account will also deactivate any associated authorized users including service provider and student login credentials.

DATE OF COMMENCEMENT OF SUBSCRIPTION

You have the option to delay commencement of your subscription to a date no later than 90 days from the date of said agreement. If a delayed commencement of subscription date is not elected and actually selected and identified on the date of your underlying agreement with Digitability, your subscription shall be effective immediately.

LICENSE EXPIRATION, RENEWAL AND APPLICABLE GRACE PERIOD

Digitability product licenses are set for a minimum of a two year term that auto renews unless otherwise specified in the proposal signed by the customer. Customers can opt to split the total Digitability fees for the two-year term, but can not cancel their subscription before the end of the two years. Customers will be informed of auto-renewal 90 days prior to the expiration of their term. If you would like to opt out of auto renewal, you can do so by emailing info@digitability.com or contacting your assigned Digitability Coach 60 days prior to the expiration of your term.

Bankability is a feature which is included in all Digitability licenses. In some cases, Bankability can be purchased independently, without the purchase of a Digitability license. A customer can agree to participate in a one year Bankability pilot receiving a discounted rate. This discounted rate for a one year pilot term is only available for new customers. At the end of the one-year pilot term, customer agrees to automatically renew at the discounted price outlined in agreement for an additional five years unless otherwise communicated prior to the end of the one-year pilot term. If customer chooses to renew at an alternative term of one or three years, they will renew at alternative rates reflected in their proposal at the time of signing. Payment for any term length will be due in full 30 days from receipt of invoice. Customer agreements will continue to renew thereafter upon the completion of each term, unless otherwise communicated.

Payment of your license fees must be made in full at the time of your renewal. If you are unable to pay the renewal fee in full at the time of your renewal, you may contact Digitability to request a 30-day grace period (which may be granted or denied in Digitability's sole discretion). In the event you fail to pay your renewal fee in full within any agreed-upon grace period, your account shall terminate effective immediately. You will be charged a prorated renewal fee set with minimum of two months per user, for your subscription access during the grace period in accordance with the terms and conditions of your underlying agreement with Digitability if your account is terminated for nonpayment of the renewal fee. You will be invoiced for this prorated renewal fee and payment is due upon receipt.

PLEASE NOTE: THE GRACE PERIOD IS A PART OF YOUR YEAR-LONG SUBSCRIPTION AND NOT AN EXTENSION OF SUCH SUBSCRIPTION.

PRIVACY AND SECURITY

Generally, Digitability employs commercially reasonable security measures that comply, in Digitability's reasonable discretion and interpretation, with all applicable Federal and state laws and regulations regarding data privacy and security, including but not limited to the Family Educational Rights and Privacy Act ("FERPA") and the Children's Online Privacy Protection Act of 1998 ("COPPA"). These measures include appropriate administrative, physical, and technical safeguards to secure data from unauthorized access, disclosure, alteration and use.

Data residing on the Digitability server is password protected, and account access is provided only to Authorized Users. However, the safety and security of your data also depends on you. You should not upload or send to Digitability sensitive information via email, as this is not secure. You are also responsible for keeping account usernames and passwords confidential. Please notify Digitability if you become aware that data has been lost, stolen, or used without permission; Digitability may disable access to an account in order to prevent an unauthorized third party from obtaining access to the same.

THIRD PARTIES

Digitability will not distribute or otherwise disclose PII to a third party that is not involved with providing the contracted services without the prior written consent of an applicable customer. Digitability does not sell PII to third parties. Digitability shall ensure that any third party that handles PII agrees to comply with this Agreement.

TRACKING PIXELS AND PRIVACY STATEMENT

We use tracking pixels, such as Google Analytics, LinkedIn and Facebook, on our marketing website solely to enhance our customers' commerce experience. These tools help us refine our marketing strategies and improve website content.

However, we do not use tracking pixels on our consumer-facing websites because we prioritize your privacy and the protection of your Personally Identifiable Information (PII).

FERPA AND PII

FERPA protects the privacy interests of students in their education records. It controls the disclosure of a student's PII from education records without the consent of the parent or eligible student. Examples of the types of PII, student data and other data that Digitability may acquire include: name, birthday, parent/guardian name, login, and more.

It is Digitability's policy to limit access to this website and its materials and content through secured interfaces that require user authentication and to have in place reasonable support measures to protect PII.

Some Digitability solutions may offer a feature that permits Authorized Users to share limited content with other members of their subscription group or in certain circumstances with members outside a subscription group if the feature is enabled by the Authorized User. This may include printing or downloading and sharing a student data report. Please be aware that you are responsible to determine the appropriateness of the content, including, but not limited to, any PII, that you decide to share via these features and for obtaining the appropriate consents where required.

DATA ACCESSIBILITY

Digitability supports student and teacher access to PII for review and correction. PII is most often created by the classroom teacher or other school administration team members in accordance with the applicable school or district's policies. Typically, corrections can most easily be facilitated by parents and/or students notifying the applicable classroom teacher or school administrator. In almost all cases, schools and school districts have policies that permit these resources to make the desired corrections directly in the system. If your situation is different or you need further assistance, please contact Digitability customer support at info@digitability.com

CONTENT RETENTION

Digitability generally purges and/or de-identifies PII and other Authorized User data ninety (90) days following termination of a subscription. Digitability performs daily system backups of production data for purposes of disaster recovery. These backups are encrypted, stored offline and are not directly accessible by Authorized Users. These backups are purged on a rolling twelve (12) month schedule. Upon written request, Digitability may (in its sole discretion) consider an alternate content retention policy in certain circumstances. De-identified PII may be used by Digitability for educational, product improvement and other similar purposes; Digitability will not use PII for marketing.

DATA BREACH OR SECURITY INCIDENT

Digitability has internal protocols in place to deal with a breach of PII. Digitability will notify an affected subscriber no later than seven (10) business days after Digitability becomes aware of any breach of or security incident involving PII. Digitability will take prompt corrective action to remedy any breach or security incident, mitigate, to the extent practicable, any harmful effect of such breach or security incident and the corrective action Digitability has taken or will take to prevent future similar breaches or security incidents.

CUSTOMER FEEDBACK

Digitability welcomes feedback from customers regarding its products and services. Contact us at info@digitability.com. You agree that any feedback given is entirely voluntary and Digitability shall have a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license for its benefit to use, disclose, reproduce, license or otherwise distribute and exploit the feedback provided to it as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

TERMINATION

Digitability reserves the right, in its sole discretion, to terminate your access to all, or any part, of this website and its accompanying materials and content at any time and without notice for any reason. Digitability, in its sole discretion, may also discontinue operating this website and terminate this Agreement at any time and without notice for any reason.

NO WAIVER

The failure of Digitability to enforce any terms and conditions of this Agreement or to respond to any breach by you or other parties shall not in any way be deemed a waiver of Digitability's right to enforce any terms or conditions of this Agreement.

GOVERNING LAW AND VENUE

By using this website and its accompanying materials and content, you agree that the laws of the State of Ohio without regards to principles of conflict of laws, will govern this Agreement and any dispute that may arise between you and Digitability. Further, you expressly agree that exclusive jurisdiction for any dispute resides in the courts of Erie County, Ohio.

SEVERABILITY

All provisions of this Agreement are severable and neither this Agreement nor any provision hereof shall be affected by the invalidity, inapplicability or unenforceability of any other provision of this agreement.