PRIVACY POLICY (EFFECTIVE AS OF APRIL 1, 2008)

This PRIVACY POLICY discloses the privacy practices for Blackboard Connect Inc., a wholly-owned subsidiary of Blackboard Inc. (Nasdaq: BBBB) and a Delaware corporation (Blackboard), with offices at 15301 Ventura Blvd., Building B, Suite 300, Sherman Oaks, California 91403

TERMINOLOGY

"Client" refers to a natural person, entity, organization, or agency that has entered into a Client Services Agreement with Blackboard for the receipt of the Messaging Services, as such terms are described below. Certain portions of the Blackboard Website are available only to an Blackboard Client.

"Client Data" refers to contact information for the Client and the Client’s intended message recipients, which are provided to Blackboard by the Client pursuant to the provision of the Messaging Services. Client Data may or may not include, personally identifiable information. Client Data is imported from the client’s database into the Blackboard database via a secured connection on the Internet and over encrypted lines using Secure Sockets Layer (SSL).

"Blackboard Data" refers to contact information for the Client’s intended message recipients licensed to a Client by Blackboard, pursuant to the provision of the Messaging Services. Blackboard Data may or may not include personally identifiable information.

"Client Services Agreement" refers to the additional written contract executed by, and applicable to, a Client in receipt of the Messaging Services, either for a fee or no fee. These may be in the form of a Services Agreement, License Agreement, Trial Services Agreement, End User Services Agreement, Promotional Agreement, or any other written agreement between Blackboard and the Client. The AUP is incorporated by reference into the Client Services Agreement and vice versa.

"Client Terms" refers to the additional terms and conditions which are applicable to a Client and which supplement the Client Services Agreement ("Client Terms").

"Messaging Services are available only to a Client who has executed a Client Services Agreement with Blackboard, and refer to any one or all of the services provided by Blackboard, which include, the Connect-ED® service (the "Connect-ED Service"), the Connect-CTY® service (the "Connect-CTY Service"), the Connect-MIL® service (the "Connect-MIL Service") the Connect-GOV® service (the "Connect-GOV Service") the Connect-ORG® service (the "Connect-ORG Service"), "TRY NOW" pages related to any of the aforementioned Connect- services, or any other notification service provided by Blackboard. The Messaging Services facilitate the dissemination of messages via varying communication media. The Client’s primary recourse in the event of any actual or potential threat to person or property, should be to contact First Responders such as, for example purposes only, 911, fire, police, emergency medical, and public health. The Messaging Services are intended to augment First Responder services that have already been notified and deployed and are not designed for use in high risk activities or in any other situation where failure of the Messaging Services could lead to death, personal injury, or damage to property, or where other substantial damage could result if an error occurred.

"Blackboard Services refers to the Messaging Services and the Blackboard Website. The Client is responsible for installing, operating and maintaining the equipment, telephone, connection to the World Wide Web, and web browser interfaces, for access to, and use of, the Blackboard Services.

"Blackboard Website refers to the web sites owned and operated by Blackboard, which include, www.blackboardconnect.com, www.notification.com, www.ntigroup.com, www.nticonnectcty.com, www.nticonnected.com, www.nticonnectgov.com, www.nticonnectmil.com, www.nticonnectorg.com and any other website associated with the business of Blackboard, including "TRY NOW" websites pertaining to the aforementioned services. Any reference to the Blackboard Website includes any one, or all, of the aforementioned web sites, or any other Uniform Resource Locator ("URL") addresses with which Blackboard replaces or adds to, the aforementioned URLs.

"ACCEPTABLE USE" "AUP" refers to our policy on the acceptable use of the Blackboard Services.

"User" refers to any natural person, entity, organization or agency which uses the Blackboard Website and/or the Messaging Services. Accordingly, a User may, or may not, be a Client.

NOTE:

  • Except as expressly stated otherwise in this PRIVACY POLICY, the singular includes the plural and the plural, the singular.
  • Any reference to the requirement for ‘written permission’, ‘written consent’, or ‘written authorization’ of Blackboard, refers expressly to written permission from the Blackboard Chief Operating Officer, the Blackboard Chief Executive Officer, or the Blackboard Chief Financial Officer.

OUR COMMITMENT TO PRIVACY

Our PRIVACY POLICY was developed as an extension of our commitment to combine the highest-quality services with the highest level of integrity in dealing with our Clients. This PRIVACY POLICY is designed to assist you in understanding how we collect, use and safeguard the information you provide to us and to assist you in making informed decisions when using the Blackboard Services. This statement will be continuously assessed against new technologies, business practices and our Clients' needs. Please read the information below to learn the following regarding your use of the Blackboard Website:

  1. What information do we collect?
  2. How do we collect information from you?
  3. How do we use the information we collect?
  4. With whom do we share your information?
  5. How can you update, correct or remove your Personally Identifiable Information?
  6. If you receive communications from a Client of the Messaging Services, how can you stop receiving communications?
  7. If you are a Client, what are the rules regarding message dissemination?
  8. What security precautions are in place to protect against the loss, misuse or alteration of your information?
  9. What about other Web sites linked to the Blackboard Website?
  10. Do we use "cookies"?
  11. Future business transactions
  12. Changes to the PRIVACY POLICY
  13. Effective date and contact information
You acknowledge that this PRIVACY POLICY is part of our AUP (collectively, the "Blackboard Policies"), and by accessing or using the Blackboard Website, you agree to be bound by all of their terms. If you do not agree to abide by the terms and conditions of the Blackboard Policies, please do not use the Blackboard Services.
  1. WHAT INFORMATION DO WE COLLECT?
    1. Personally Identifiable Information. When you subscribe to the Service as a Client, you provide us with Client Data. Depending on your agency, organization, or entity, that Client Data will vary and may include, a name, physical or electronic mail address, telephone number, or any other identifier that permits the physical or online contacting of a specific individual. When you submit Client Data on the Blackboard Website or through any data import process, you are giving your consent to the collection, use, and disclosure of Client Data pursuant to the provision of the Messaging Services and in accordance with this PRIVACY POLICY.
    2. Non-Personally Identifiable Information. This refers to information that does not by itself identify a specific individual. We gather certain information about a User based upon a visit to the Blackboard Website. This information is compiled and analyzed on both a personal and an aggregated basis. This information may include the Web site's Uniform Resource Locator ("URL") that you just came from, which URL you go to next, what browser you are using, and your Internet Protocol ("IP") address. A URL is the global address of documents and other resources on the World Wide Web. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol ("TCP/IP") network, such as the World Wide Web. Networks like the Web use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the web, allowing web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet.

  2. HOW DO WE COLLECT INFORMATION FROM YOU?
    We do not collect any Client Data about you unless you voluntarily provide it to us pursuant to a Client Services Agreement.

    You provide Client Data to us when you:
    1. Input or import data from your systems to ours in order to use the Messaging Services.
    2. Send e-mail messages, submit forms or transmit other information by telephone, letter, or other communication media.

  3. HOW DO WE USE THE INFORMATION WE COLLECT?
    Broadly speaking, we use Client Data for purposes pursuant to the provision of the Messaging Services and in accordance with the Client Services Agreement. These uses include, but are not limited to, the provision of customer support, notification of new features and services, and changes to the Blackboard Website. We may also use Client Data to contact you regarding administrative notices, to resolve disputes, troubleshoot problems and enforce our Client Services Agreement and Blackboard Policies.


  4. WITH WHOM DO WE SHARE YOUR INFORMATION?
    We do not sell, trade, or rent Client Data to others.
    1. Service Providers. We provide some of our services through contractual arrangements with affiliates, services providers, partners and other third parties. We and our service partners use Client Data to operate our services and to facilitate the delivery of the Blackboard Services. We require our service providers to handle your information in a manner that does not violate this PRIVACY POLICY.
    2. Law Enforcement. We may be required by law enforcement or judicial authorities to provide Client Data to the appropriate governmental authorities. We will disclose Client Data upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

  5. HOW CAN YOU UPDATE, CORRECT, OR REMOVE YOUR PERSONALLY IDENTIFIABLE INFORMATION?
    We believe you should have the ability to access and edit the Client Data that you have provided to us. You may change any Client Data by emailing us at businessaffairs@blackboardconnect.com or by telephoning your Client Care representative. Please include your name, address, and/or e-mail address when you contact us. It is your responsibility to promptly update us if your Client Data changes, and keep all information, accurate, current, and complete.


  6. IF YOU RECEIVE COMMUNICATIONS FROM A CLIENT OF THE MESSAGING SERVICES, HOW CAN YOU STOP RECEIVING COMMUNICATIONS?
    If you are the recipient of a communication using the Messaging Services and wish to stop receiving communications, please send a written request to the entity that dispatched the original communication to you, with instructions to remove your contact details from its contact list. For example, if you are a parent receiving communications via the Connect-ED® Service from your child's school or school district, please inform the school's principal that you wish to be removed from its contact list. If you are a resident in a municipality using the Connect-CTY® Service, please contact the agency or entity that dispatched the original communication to you and ask them to remove your contact information. Please understand that it may be impossible to completely delete your information without some residual information because of backups.


  7. IF YOU ARE A CLIENT, WHAT ARE THE RULES REGARDING MESSAGE DISSEMINATION?
    Prior to sending any messages using the Messaging Services, you represent and warrant that (i) you have obtained all requisite permissions (from the pertinent authorized individual(s)), to provide the Client Data to Blackboard pursuant to the provision of the Service; (ii) to the best of your knowledge, all the Client Data is correct and complete, and that any changes to such Client Data will be communicated in writing to Blackboard on the same day that you obtain knowledge of such change; (iii) you are authorized to send messages to each intended recipient via any communication medium; (iv) you will provide each recipient with a facility to withdraw his, her or its permission, and will not send messages to such recipient upon receipt of the withdrawal request; (v) you will inform Blackboard in writing of such withdrawal request within 24 hours of the request; and (vi) you will seek to comply with all relevant federal and state laws and regulations including, without limitation, the CAN-SPAM Act of 2003, the Do Not Call Provisions of the Federal Trade Commission's Telemarketing Sales Rule, and State Do Not Call laws, in the conduct of your actions regarding the subject-matter of this Agreement.


  8. WHAT SECURITY PRECAUTIONS ARE IN PLACE TO MITIGATE THE LOSS, MISUSE, OR ALTERATION OF INFORMATION?
    Your information is protected in several ways:
    1. Information Security. All data transmitted to and from the Client utilizes Secure Sockets Layer (SSL). Blackboard retains an external security auditing firm to perform audits to discover potential security threats, assess risks, and provide solutions for patching and managing those risks. In addition, we have implemented security measures in the following areas and to the standards listed below:
      1. Internet Packet Security - The Messaging Services utilize Secure Sockets Layer (SSL) in conjunction with multiple layers of firewalls, monitoring, and audit tools.
      2. Physical Security – All Client Data is maintained at a data center with 24/7 video and human surveillance. Access to data is limited to specific authorized personnel with valid identification, handprint identification, and a key card to enter the facility. Data facilities have redundant power feeds and data connectivity, are fireproof, flood proof, and have level 4 rating earthquake protection.
      3. Data Security - All database servers are behind both the primary and secondary firewall, are inaccessible from the outside, and secured on a separate VLAN with non-routable IP addresses to the Internet. A specific and limited number of staff with specific permission levels is permitted access to the database. All access to the database is limited to specific computer addresses (MAC addresses) and require domain level authentication for access.

    2. Evaluation of Information Protection Practices. Periodically, our operations and business practices are reviewed for compliance with corporate policies and procedures governing the security, confidentiality and quality of our information.

    3. Employee Access, Training and Expectations. Our corporate values, ethical standards, policies and practices are committed to the protection of customer information.

    4. Client Obligations. All Clients of the Messaging Services are required to enter a unique username and password, or other security access requirement. The password is encrypted. We recommend that you do not divulge your password to anyone. Blackboard cannot be held accountable for activity that results from your own neglect to safeguard the secrecy of your password. We recommend that you quit your entire browser application when you have completed your time on this Site.

    Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect Client Data, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through the Blackboard Website cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.

    If you are suspicious of an inquiry for your account information, contact us immediately by telephone at (818) 808-1716 or by email at businessaffairs@blackboardconnect.com


  9. WHAT ABOUT OTHER WEB SITES LINKED TO THE Blackboard WEBSITE?
    Except as otherwise discussed in this PRIVACY POLICY, this document only addresses the use and disclosure of information we collect from you. We are not responsible for the practices employed by Web sites linked to, or from, the Blackboard Website, nor the information or content contained therein. Other sites accessible through the Blackboard Website have their own privacy policies and data collection, use and disclosure practices. Please consult each Web site's privacy policy rules before proceeding.


  10. DO WE USE COOKIES?
    When you use the Blackboard Website, we may store cookies on your computer in order to facilitate and customize your use of the Blackboard Website. Cookies are a feature of Web browser software that allows Web servers to recognize the computer used to access a Web site. They are small pieces of data that are stored by a user's Web browser on the user's hard drive. Cookies can remember what information a user accesses on one Web page to simplify subsequent interactions with that Web site by the same user or to use the information to streamline the user's transactions on related Web pages. Cookies should make your online experience easier and more personalized. We may use Web site browser software tools such as cookies and Web server logs to gather information about Users' browsing activities in order to constantly improve the Blackboard Website, and better serve our Clients. This information assists us to design and arrange our Web pages in the most user-friendly manner and to continually improve the Blackboard Website. Web server logs allow us to count how many people visit the Blackboard Website and evaluate their visitor capacity. We do not use these technologies to capture your individual e-mail address or any personally identifying information about you.


  11. FUTURE BUSINESS TRANSACTIONS
    As we continue to develop our business, we might undergo a change of ownership such as a merger and/or a sale of all or substantially all our stock or assets. In such transactions, user information, including Client Data, generally is one of the transferred business assets, and by submitting Client Data on the Blackboard Website, through data import, or any other means, you agree that Client Data may be transferred to such parties in these circumstances. However, any party purchasing our assets will be subject to an obligation to maintain the integrity of your information.


  12. CHANGES TO PRIVACY POLICY
    We reserve the right to change this PRIVACY POLICY at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, issuing an e-mail to the e-mail addresses provided by you or posting the revised PRIVACY POLICY on the home page or Client sign-in page on the Blackboard Website. You acknowledge and agree that it is your responsibility to maintain a valid e-mail address, review the Blackboard Website, and this PRIVACY POLICY periodically and to be aware of any modifications. Your continued use of the Blackboard Website after such modifications will constitute your: (a) acknowledgment of the modified PRIVACY POLICY; and (b) agreement to abide and be bound by the modified PRIVACY POLICY.


  13. EFFECTIVE DATE AND CONTACT INFORMATION
    This PRIVACY POLICY is effective as of APRIL 1, 2008.

If you have any questions about this PRIVACY POLICY, the practices of the Blackboard Website, please contact us at the following address:

Blackboard Connect Inc.
Legal Affairs Department
15301 Ventura Blvd., Building B, Suite 300
Sherman Oaks, California 91403
Attn: Privacy Compliance

You may also contact us by email at businessaffairs@blackboardconnect.com