Additional Terms

These Education Additional Terms for Student (applicable only for students) Data (“Student Data Terms”) are entered into between SIMBLY SOUTH LLP and Customer, and govern the privacy of Student Data provided to SIMBLY SOUTH LLP by Users during the use and deployment of SIMBLY SOUTH LLP products and services (‘Services’) to Students enrolled at educational institutions. By installing, accessing, or using the Services or allowing any School or User to install, access, or use the Services, Customer (i) agrees to the Terms and (ii) represents and warrants that (a) the Terms comply with its obligations under applicable laws and regulations as well as relevant Customer, School, and local policies, (b) it has the authority to bind to the Terms any School using the Services licensed by Customer, and (c) it shall ensure that any School or User using the Services licensed by Customer complies with the Terms.  If Customer does not agree to the Terms, then Customer may not use the Services or permit any School or User to use the Services. The individual completing the on-line enrolment on behalf of Customer represents and warrants that they have the authority to bind Customer to these Terms.

These Student Data Terms are incorporated by reference into the SIMBLY SOUTH LLP General Terms of Use (“General Terms“ or ‘TOU’) located at https://gradesup.in/terms-of-use/. These Student Data Terms, the General Terms are collectively referred to herein as the ‘Terms”. To the extent the provisions in these Student Data Terms conflict with the General Terms or the SIMBLY SOUTH LLP Privacy Policy (located at https://gradesup.in/privacy-policy/), these Student Data Terms will govern. Capitalized terms not defined herein have the meanings ascribed to them in the General Terms.

 

  1. Definitions 
    1. ‘SIMBLY SOUTH LLP’ shall mean SIMBLY SOUTH LLP, a company registered under the Companies Act, 1956, having its registered office 9, Kalibari Lane, Jadavpur, Kolkata – 700032.
    2. ‘Customer’ as used in these Student Data Terms is the customer identified on the order documentation as ordering the Services and may include a School or other entity. References to ‘Customer’ in these Student Data Terms shall also include the School or Schools on behalf of which Customer orders the Services if Customer is not a School.
    3. ‘School’ means a qualified primary or secondary educational institution, or an institution of post-secondary education.
    4. “Adult Student” means a Student who is above the age of 18 (eighteen) years enrolled in classes at a School.
    5. “Minor Student” means an individual below the age of 18 (eighteen) years enrolled in classes at a School.
    6. ‘Student’ shallmean and refer to both Adult Student as well as Minor Student.
    7. “Student Assets” means the files, data, and content generated or created by a Student through their use of the Services pursuant to these Terms, excluding any underlying SIMBLY SOUTH LLP Software and/or Services.
    8. “Student Data” means Students Personal Information and Student Assets. Student Data does not include any information received by SIMBLY SOUTH LLP outside the context of the provision of the Services pursuant to the Terms.
    9. “Student Personal Information” means information provided to the Services by a School, User, parent or legal guardian, or gathered by SIMBLY SOUTH LLP during use of the Services pursuant to these Terms, that can be used to identify or contact a particular Student or that, alone or in combination, is linked or linkable to a specific Student so as to allow a reasonable person in the School community, who does not have knowledge of the relevant circumstances, to identify the Student with reasonable certainty or that would otherwise be regarded as personally identifying information relating to a Student under applicable laws.  Student Personal Information may include “education records”.
    10. ‘User’ means a Student authorized by Customer to use the Services or an individual employed by Customer or School and authorized by Customer to use the Services for the benefit of the School, e.g., teachers and School or school district administrators or employees.
  2. Deployment of the Offering
    1. Deployment -Customer may only order the Services on behalf of School(s) and must deploy the Services using USER ID. Use of USER ID is essential for SIMBLY SOUTH LLP to meet its Student privacy commitments to Customer. Use of USER IDs also ensures that Customer retains control over the Services and the Student Data provided to or generated through the Services. Any deployment of an individual SIMBLY SOUTH LLP ID to a User nullifies any commitment SIMBLY SOUTH LLP makes regarding the use and protection of Student Data, and Customer must defend and indemnify SIMBLY SOUTH LLP for any privacy or other claims related to Customer’s license deployment using an individual SIMBLY SOUTH LLP ID for the Services.
    2. Use of the Services -Customer shall comply, and ensure that all Users of the Services comply, with the applicable provisions of the Terms, including, but not limited to, those governing acceptable use of the Services.  Customer shall be responsible for any breach of the Terms by School(s) or Users.
  3. Authorization of Customer and Data Ownership
    1. Student Data Consents and Authority -By using the Services and offering the Services to Users, Customer represents and warrants that it has (i) the authority to (a) provide Student Data to SIMBLY SOUTH LLP, (b) authorize SIMBLY SOUTH LLP to collect Student Data through the Services, and (c) allow SIMBLY SOUTH LLP to process Student Data for the purpose of providing the Services, and (ii) provided appropriate disclosures to, and obtained consents from, its School(s), Users, Adult Students, the parents or legal guardians of the Minor Student(s), or any other required individual regarding Schools’, Students’ and Users’ use of the Services, to the extent such disclosures or consents are required by applicable law, Customer or School agreements, or Customer or School policies. 
    2. Ownership and Control -SIMBLY SOUTH LLP will access and process Student Data for the purposes of providing the Services as described in these Terms. As between SIMBLY SOUTH LLP and Customer, Customer owns all right, title, and interest in and to and controls all Student Data processed by SIMBLY SOUTH LLP pursuant to the Terms. SIMBLY SOUTH LLP does not own, control, or hold a license to such Student Data, except so as to provide the Services and as otherwise described in the Terms.
  4. Compliance with Laws
    1. Each party agrees to uphold its responsibilities under applicable central (federal) and state laws in force in country where the services are being provided by SIMBLY SOUTH LLP. SIMBLY SOUTH LLP will collect and process Student Data for “legitimate educational interest”.
    2. It is the responsibility of the Customer to convey and communicate these terms, including any changes made in respect thereof to the parents or legal guardians of the Minor Student and then only obtain consent to use the products and services being provided by SIMBLY SOUTH LLP on Terms as mentioned herein. Customer will ensure that its configuration of the Services, and the features and functionality of the Services it permits Students under age 18 (eighteen) years to access, are appropriate for use in a manner consistent with local laws relating to minors.
    3. Customer and the use of Services may also be subject to laws and regulations in the jurisdiction in which Customer is located. Customer is solely responsible for ensuring that it can use the Services consistent with the applicable local laws. In particular, it is the Customer’s obligation to (i) determine whether legal obligations arising from such local laws and regulations apply with respect to the use and deployment of the Services, (ii) obtain or have obtained any necessary consents from parents, legal guardians of Minor Students, or Adult Students, to the extent such consents may be required, and (iii) configure the Services such that they are deployed in the School(s) and made available to Students and other Users in a manner consistent with these applicable local laws.
  5. Use of Student Data
    • Prohibited Uses of Student Data
      1. No Sale or Rental of Student Data.SIMBLY SOUTH LLP will not sell, disclose, transfer, share, or rent any Student Data to any entity other than the Customer, School, Student, parent or legal guardian except in the limited circumstances described in the Terms.
      2. No Use of Student Data for Targeted Advertising or Marketing. Except as noted in Section 5.2 below, SIMBLY SOUTH LLP will not use Student Data: (a) to inform or direct targeted online advertising or marketing to Students or to a parent or legal guardian; (b) to amass a profile of a Student, other than for the purpose of providing the Services; or (c) for any other commercial purpose. For purposes of clarity, Customer acknowledges and agrees that SIMBLY SOUTH LLP may market or advertise without the use of Student Data, including (1) to parents, legal guardians, Students, and/or Customer or School employees or others, and (2) when based on the context of the domain or the content in view of a Student during a Student’s then current visit to an online location; provided, that such advertising or marketing is not based on a Student’s online activities collected through the Services over time.
    • Permitted Uses of Student Data.
      1. Provision of the Services -Notwithstanding Section 5.1, SIMBLY SOUTH LLP may use, transmit, distribute, modify, reproduce, display, process and store Student Data solely: (a) for the purposes of providing the Services as contemplated by the Terms, (b) for the purposes of maintaining, supporting, evaluating, analysing, diagnosing, improving and developing SIMBLY SOUTH LLP’s websites, product, services, and applications, as permitted by applicable law, (c) for the purposes of enforcing SIMBLY SOUTH LLP’s rights under the Terms, under Contracts and under law, (d) as permitted with the consent of the parent and/or legal guardian of Minor Student, Adult Student, School, User, or Customer, and (e) as otherwise authorized by applicable law.
      2. Sharing/Posting of Information by Students -Please note that, depending on the features and functionality utilized by the Customer or School, some features of the Services may permit Users to share information or post information in a public forum, including Student Data. Customer and School administrative Users should use caution when adjusting permissions and features accessed through the Administrator Console provided by SIMBLY SOUTH LLP in order to ensure such permissions and features are configured appropriately for use by Customer, School, Students, and other Users.
      3. Adaptive/Customized Student Learning and Recommendations -Notwithstanding anything to the contrary herein, Customer agrees that SIMBLY SOUTH LLP may use Student Data (a) for adaptive or customized student learning purposes, and (b) to recommend educational products or services to parents, legal guardians, and Customer or School employees, so long as the recommendations are not based in whole or in part upon payment or other consideration from a third party.
      4. Account Maintenance– When permitted by law, SIMBLY SOUTH LLP may use Student Data to send e-mails or other communications to Users relating to the operation and use of their accounts and the Services, such as to respond to the specific requests of Users, parents or legal guardians. 
  6. De-Identified Data.
    1. Use of De-Identified Data– Notwithstanding anything to the contrary herein, Customer agrees that SIMBLY SOUTH LLP may use and maintain de-identified data. De-identified data includes (i) Student Data from which all direct and indirect identifiers have been removed such that there is no reasonable basis to believe the information can be used to identify an individual and (ii) data relating to access and use of the Services. De-identified data may be used for any lawful purpose, including, but not limited to, the development, research, and improvement of the Site, products, services, or applications; to demonstrate the effectiveness of the Services; and to inform, influence, or enable marketing, advertising, or other commercial efforts by SIMBLY SOUTH LLP. Unless permitted or required by law, SIMBLY SOUTH LLP agrees not to attempt to re-identify any such data. SIMBLY SOUTH LLP has no obligation to delete de-identified data.
  7. Student Data Retention and Deletion
    1. Deletion Through SIMBLY SOUTH LLP Administrator Console – Customer may access a Student account through the Administrator Console provided by SIMBLY SOUTH LLP. Customer may use the Administrator Console provided by SIMBLY SOUTH LLP to adjust permissions and features as well as to modify or delete Student Data throughout the term, including at the request of a Student, parent or legal guardian. It is the responsibility of Customer to delete or remove Student Data from the Services when it is no longer needed for an educational purpose and/or upon termination of an account or Customer’s agreement with SIMBLY SOUTH LLP.
    2. Retention of Student Data; Student Personal Accounts -After termination of an account or Customer’s agreement with SIMBLY SOUTH LLP, SIMBLY SOUTH LLP may at its own discretion but subject to the agreement with the Customer and/or local laws retain Student Data for a reasonable period of time to permit Students to download to and store Student Assets in a personal account. If Customer or Student has not deleted or removed the Student Data through the Administrator Console provided by SIMBLY SOUTH LLP, SIMBLY SOUTH LLP will dispose of or delete Student Data when it is no longer needed for the purpose for which it was obtained.
  8. Permitted Disclosures
    1. Third-Party Service Providers – SIMBLY SOUTH LLP may, from time to time, engage third-party service providers to supply ancillary services in support of the Services provided hereunder. Customer acknowledges and agrees that, provided that they have a legitimate need to access such information in connection with their responsibilities in providing services to SIMBLY SOUTH LLP and such access is subject to contractual data protection terms, SIMBLY SOUTH LLP may permit its subcontractors, service providers, authorized representatives, and agents to access Student Data.
    2. Change in Control – In the event SIMBLY SOUTH LLP sells, divests, or transfers all or a portion of its business assets to a third party, SIMBLY SOUTH LLP may transfer Student Data to such third party; provided, that (i) such third party agrees to maintain and provide the Services subject to data privacy standards no less stringent than those set forth herein, or (ii) SIMBLY SOUTH LLP gives the Customer notice and an opportunity to opt out of the transfer of Student Data. Notice to the Customer (and not its Schools, as applicable) shall be sufficient for this Section 8.2.
  9. Student Data Access Requests
    1. Parent Access Requests – Customer will establish reasonable procedures by which a parent, legal guardian, or eligible Student may request access, correction, or deletion of Student Data generated through the Services. Upon request by the Customer, SIMBLY SOUTH LLP will work with Customer and its School(s) as needed to facilitate such access.
    2. Third Party Access Requests– Should a third party, including law enforcement and government entities, contact SIMBLY SOUTH LLP with a request for Student Data, SIMBLY SOUTH LLP will redirect the third party to request the data directly from Customer, unless and to the extent that SIMBLY SOUTH LLP reasonably and in good faith believes that granting such access is necessary to comply with a legal obligation or process or to protect the rights, property, or personal safety of SIMBLY SOUTH LLP’s users, employees, or others.
  10. Data Security
    1. School Obligations – Customer, its School(s), and Users will take reasonable precautions to secure usernames, passwords, and any other means of gaining access to the Services and Student Data. Customer will notify or ensure that its School(s) notify SIMBLY SOUTH LLP promptly of any known or suspected unauthorized access to Customer’s or School’s account and/or to SIMBLY SOUTH LLP’s systems or services. Customer and its School(s) will assist SIMBLY SOUTH LLP in any efforts by SIMBLY SOUTH LLP to investigate and respond to any incident involving unauthorized access to SIMBLY SOUTH LLP’s systems.
    2. SIMBLY SOUTH LLP Obligations– SIMBLY SOUTH LLP has implemented reasonable administrative, technical, and physical security controls to protect Student Data and has provided data privacy and security training to employees who have access to Student Data or relevant system controls. However, despite our efforts, no security controls are 100% effective and SIMBLY SOUTH LLP cannot ensure or warrant the security of information. In the event that SIMBLY SOUTH LLP determines that any Student Personal Information it has collected or received through the Services was acquired by an unauthorized party (“Security Event”), SIMBLY SOUTH LLP will promptly notify the Customer (on behalf of Customer and its Schools) and shall reasonably cooperate with the Customer’s and its School’s investigation of the Security Event. To the extent the Customer or School determines that a Security Event affects Student Personal Information in a manner that triggers third party notice requirements under applicable laws, the Customer and its School shall be responsible for sending such notices, unless otherwise agreed in writing between SIMBLY SOUTH LLP and the Customer. Except as otherwise required by law, SIMBLY SOUTH LLP will not provide notice of the Security Event directly to individuals, or parents or legal guardians of such individuals, whose personal information was affected, to regulatory agencies, or to other entities, without first providing written notice to Customer. References to ‘Customer’ in this Section 10.2 shall mean only Customer.
  11. Miscellaneous
    1. Governing Law – These Student Data Terms will be governed by the governing law as set forth in the General Terms.
    2. Headings– Headings used in these Student Data Terms are provided for convenience only and will not be used to construe meaning or intent.