Maintaining your privacy, and the confidentiality of the data you provide us is among our top concerns. To ensure the highest levels of privacy we actively maintain and enforce the following policies and procedures.
1. General. Because we are committed to protecting your privacy and the confidentiality of information that you provide to us through the Services, we actively enforce the following policies and procedures:
We comply with the U.S.-European Union Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal data (“Personal Data”) from Users residing within the European Union; unless noted otherwise, we also voluntarily comply with the principles of the Safe Harbor Framework for the data of Users originating from locations outside of the European Union (“EU”). For purposes of this Policy, “Personal Data” is defined as data about an identified or identifiable individual that are within the scope of the EU’s Directive on Data Protection which became effective on October 25, 2008, received by a U.S. organization from the European Union, and recorded in any form. See Directive on Data Protection. Directory Information (“Directory Information”) is defined as information that is not generally considered to be harmful or an invasion of privacy if disclosed, would not be considered sensitive data, and can be used to contact an individual; examples of Directory Information include an individual’s name, phone number, and email address. User data (“User Data”) includes but is not limited to data regarding an individual such as a citizen, parent, student, staff, or other User that is not publicly available, is generally considered to be harmful or an invasion of privacy if disclosed, and is received from a country that does not belong to the EU; examples of User Data include (i) demographic information, (ii) grades, (iii) status of homework assignments, (iv) confidential communications between the individual and a school or government entity, (v) library account status, and (vi) cafeteria account status for an individual residing in the United States. For individuals residing outside of the EU, Blackboard will respond to requests from individuals who inquire whether Blackboard has shared their Directory Information with any government entity, school, or school district individuals. For individuals residing in the EU, Blackboard does not share their Directory Information with any individual or entity unless the individual has given prior consent. Personal Data, User Data, and Directory Information are collectively referred herein as “Data.”
3. Choice. For Personal Data and User Data, we give individuals the opportunity to choose whether their Personal Data or User Data will be disclosed to a third party or used for a purpose incompatible with the purpose for which it was originally collected or the purpose authorized subsequently by the individual.
4. Relevance. We will collect only as much Data as we need for specific, identified purposes, and we will not use Personal Data or User Data for other purposes without obtaining prior consent.
5. Retention. We will keep Data only as long as we need, for the purposes for which we collected it or as permitted by law. Blackboard destroys or makes unavailable to any Users all Data that has become obsolete by replacement, updated data.
6. Accuracy. We will take appropriate steps to make sure the Data in our records is accurate.
7. Access. We will provide ways for you to access your Data, as required by law, so you can correct inaccuracies.
8. Security. We will take appropriate physical, technical, and organizational measures to protect your Data from loss, misuse, unauthorized access or disclosure, alteration, and destruction.
All attempts to access Blackboard Services, both from the public Internet and from Blackboard, are logged. The Blackboard servers are connected to the Internet behind a pair of dual, redundant, stateful firewall systems. These firewalls are monitored and maintained with the latest security updates. The Blackboard server also has its own integrated firewall to act as a second layer of protection from outside access. The Blackboard server cluster, including the Blackboard database server(s), resides on a private network in an IP address space that is not routable on the public Internet. This private network is independent of Blackboard’s internal network and is only accessible via logged, secure-access protocols. Blackboard incorporates several intrusion-detection mechanisms so that if a security breach were to occur, Blackboard’s support staff would immediately be notified.
System Redundancy and Monitoring
The Blackboard server cluster (including network connectivity, firewalls, hubs and switches) is configured with redundant, fault-tolerant hardware and software. Telephone connections are divided among multiple, redundant servers to eliminate single points of failure. Manual and automated 24×7 system monitoring immediately alerts the Blackboard support staff of any system outages and even potential system problems. Additional hardware, similarly configured, is located in separate locations within the United States to preclude any location-based failures. Secure, off-site backups are made daily.
10. International Transfer. If we transfer your personal information to another country, we will take appropriate measures to protect your privacy and the personal information we transfer.
11. Enforcement. We will regularly review how we are meeting these privacy promises, and we will provide an independent way to resolve complaints about our privacy practices. To access your information, ask questions about our privacy practices, or issue a complaint, contact us at:
Attn: General Counsel Blackboard Inc.
650 Massachusetts Avenue NW
Washington, D.C. 20001
Phone: (202) 303-9000
Email: [email protected]
WE SELF-CERTIFY COMPLIANCE WITH:
12. Summary of Safe Harbor Compliance. Schools and entities located in the European Union (EU) must indicate consent for the transfer and storage of personal information to sites that are located outside of the EU. Blackboard complies with the Safe Harbor policies of collection, use, and distribution of data from the EU. Blackboard complies with the U.S.-EU Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. Blackboard has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view our certification page, please visit http://www.export.gov/safeharbor/.
13. Children’s Online Privacy Protection Act (COPPA) Blackboard complies with the Children’s Online Privacy Protection Act (COPPA), as set forth by the U.S. Federal Trade Commission, with respect to any personal information received from children under the age of 13 residing in the United States. Some of the apps for mobile devices provided by Blackboard have a tipline feature which allows users to submits tips, photographs, their name, their email address, and their phone, and their geolocation. Blackboard presumes that schools and other organizations which service children under the age of 13 will obtain the consent of parents of children under the age of 13 before children under the age of 13 use Blackboard’s apps to provide personal information. If a child under the age of 13 submits personal information, the information will not be used for commercial purposes and will only be provided to the organization whom the child requests that information be sent to. Blackboard may also collect persistent identifiers for the performance of the system; the persistent identifiers may contain information such as an internal account ID, an internal ID of school, a country ID, a parent organization ID, a login ID, the first name and last name of person using the service, the role of the user (ex: student, teacher); the time zone, the last time the user’s grades were updated, and the last time the user logged in.
2. User Conduct. Blackboard only allows authorized users to utilize the Services. Authorized users are defined by joint agreement between Blackboard and its customers. The Services allow Users to send communications for educational-related purposes, as defined by Blackboard and its customers. Generally, this does not include messages which may be defined as business- oriented, threatening, malicious, pornographic/obscene, overtly intrusive, abusive, promoting illegal activity, or otherwise unseemly. Unacceptable use may result in termination of the User’s access to the Services. You agree that you will not use the Services for any illegal purpose. In addition, you agree that:
(i) you will not harvest, collect, or otherwise use contact information made available on any Blackboard product for the purpose of sending unsolicited improper communications, including without limitation, unsolicited bulk email (collectively, “spam”) and that you will not use any Blackboard communications facility to deliver or attempt to deliver spam;
(ii) you will not attempt to gain unauthorized access to the Services or the servers and network associated with the Services;
(iii) you will not circumvent or attempt to circumvent any security or access control technology implemented on the Services, or the servers and network associated with the Services;
(iv) you will not use the Services in any manner designed to degrade the performance or functioning of the Services, including, without limitation, launching Denial-of-Service (“DoS”) attacks against the Services.
(i) the Blackboard content you wish to use
(ii) where and how it will be used (for example, a trade publication)
(iii) where and how copies will be distributed and to what audience
(iv) how many copies will be produced and distributed
(v) when you intend to publish
(vi) what other non-Blackboard materials will be associated with the Blackboard content
(vii) your name, title, company, address, email address and phone number
We will evaluate your request and advise you as soon as possible. Blackboard reserves the right to refuse permission to copy, distribute, broadcast or publish any of its copyrighted material, including text and images on our Web site.
4. No Warranties and Limitation of Liability. Information provided on and through the Services is provided “as is” without warranty of any kind, either express or implied, including without limitation, warranties of (i) merchantability, (ii) fitness for a particular purpose, or (iii) non-infringement. Blackboard periodically adds changes, improves or updates the information and documents for the Services without notice. Blackboard assumes no liability or responsibility for any errors or omissions in the content of the Services. Your use of the Services is at your own risk. Under no circumstances and under no legal theory shall Blackboard or any other party involved in creating, producing or delivering the contents of the Services be liable to you or any other person for any indirect, special, incidental or consequential damages of any character arising from your access to, or use of, the Services. Information that is presented through the Services to Users is the property of the respective organization associated with the URL through which the information is accessed. Blackboard is not liable for the accuracy of this information, for the content of messages originating from or contained within the Services, or for direct or indirect damages arising out of the use of the Services.
5. Links to Third Party Sites. If you choose to use any links on any Services to websites not maintained by Blackboard, you will leave Blackboard website. The linked sites are not under the control of Blackboard, and Blackboard is not responsible for the contents of any linked site or any link contained on a linked site. Blackboard provides these links to you only as a convenience and the inclusion of any link does not imply recommendation, approval or endorsement by Blackboard of the site.
6. Permitted Use of Blackboard Trademarks. Blackboard trademarks identify Blackboard products and services and let the public know the source of those products and services. You may make fair use of our trademarks in advertising and promotional materials, and in referencing our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. Other uses require our written permission. If you are in doubt as to whether you need our permission for a specific type of use, please ask us. You may not use Blackboard logos or “design” trademarks or trademarks (as opposed to our trademarks consisting solely of words) under any circumstances without our prior written authorization. In addition, you may not use Blackboard trademarks, whether design or word marks, in the following ways:
(i) in a non-Blackboard name or publication title;
(ii) in, as, or as part of, your own service or trademarks;
(iii) to identify products or services that do not belong to Blackboard;
(iv) in a manner likely to cause confusion;
(v) in a manner that implies inaccurately that we sponsor or endorse, or are otherwise connected with, your own activities, products and services;
(vi) as hidden or embedded text in web pages in an effort to cause a search of Blackboard marks to result in a hit on a page not maintained by Blackboard in a manner disparaging of Blackboard.
7. Jurisdiction & Choice of Law. This Agreement and your use of the Services shall be governed by the laws of the State of New York, without regard to its conflict of laws provisions.
8. Severability. If any provision of this Agreement is found to be void or unenforceable, such provision shall be severed and all other provisions shall remain in force.
9. E-Mail Opt-Out. It is our intention to only send e-mails that will be useful to you and that you want to receive. Every time you receive an e-mail you will be provided the choice to opt-out of future e-mails by following the instructions provided in the e-mail, or by contacting the sender. Blackboard does NOT sell e- mail addresses to third parties and only shares your email addresses and contact information with governmental entities, schools, or schools districts for the narrow purpose of contacting you during an emergency if you are a non-EU User and reside or work within the boundaries of an affiliated governmental entity or affiliated school district.
10. Trademarks. ParentLink®, BlackboardTM, Attendance DiscoveryTM, Teacher ReachTM and the logo (“circle with three arrows logo”) are trademarks of Blackboard Inc.
11. Pending Patents. Technology contained within the Teach Reach solution and the Attendance Discovery solution are the subjects of one or more pending patent applications. Technology contained within the Teach Reach solution and the Attendance Discovery solution are the subjects of one or more pending patent applications including, but not limited to, Patent US 8832301 B2.
© 2015 Blackboard Inc.