1. HOW WE COLLECT AND USE INFORMATION
We collect and use information from:
Educational Institutions: Schools, Universities, Districts, Supervisory Unions, Homeschools
We maintain identifying data on each institution subscribing to our services and future clients. The institution may be asked to provide identifiable data of their educators, teachers, aides, parents, guardians, and special assistants. The institution's data will be used to provide services related to our platform. We will maintain and update this data as necessary to provide our service offerings.
Users: Protean will collect personally identifiable information (PII) about users. We will use this data to provide services related to the Protean platform. Examples of collected data are: bios, briefs, descriptions of experiences, locations, GPS coordinates, time/date, and related uploaded media. This data will not be sold or shared and is solely used to benefit the user and his educational institution.
Parents/Guardians: We will collect name, email, and relationship data of those students under the age of 13 in accordance with the Children's Online Privacy Protection Act (COPPA). We collect personal information where a student’s school, district, and/or teacher has agreed to obtain parental consent for that child to use the Services and disclose personal information to us. The parent or guardian will have the opportunity to review their child’s submitted data. We will deactivate and delete a student’s account when if consent is revoked or in the event that we learn consent was not provided.
Teachers: We collect the name, email, and employer information from teachers. We also use related information from their employer’s institution to provide services to their students within the platform. These services can be related to a teacher’s class roster and any or all relationships with students of their institution.
2. HOW WE SHARE INFORMATION
We will only share your information in specific circumstances.
We do not rent or sell information for marketing purposes.
If the ownership or control of all or part of our service changes, we may transfer your information to the new owner. In such case we will provide you with notice and an opportunity to opt-out of the transfer of personally identifiable information.
We may be required to share when ordered by a court or to comply with law enforcement.
We may share information when we have a good faith belief that it is necessary to: detect, prevent and address illegal activity; to protect you and others, and prevent death or imminent bodily harm.
In certain features, we may provide access to parts of your account and/or your data to other related users to enhance your user experience. In such a case, we will notify you of the intent to provide this access.
3. HOW WE STORE YOUR INFORMATION
Any data stored within our service is stored in the United States. We may process this data outside of the United States. If your institution or sponsor organization resides outside of the United States, we may store your information elsewhere. We have backup procedures for data uploaded, created, and/or stored within Protean. However we suggest that you backup your data outside of the Protean Platform.
We protect your information within our network with strict procedures. We limit access to a select few of employees.
We use encryption technology to safeguard your data.
4. OPTIONS FOR YOUR INFORMATION
Your account may be pre-populated from data gathered from your school or institution. Any questions regarding this should be directed to your sponsoring organization.
Your data belongs to you regardless of school affiliation. We will maintain your data as long as your account is within good standing regardless of link, affiliation or relationship to a school.
We may retain your anonymized data for a reasonable amount of time after deactivation. Your data may not be immediately removed from our backups.
6. CONTACT US
If you have any questions about this policy, contact us at firstname.lastname@example.org
Acceptance of Terms of Service
The following sets forth the agreement (this “Agreement”) between you and Protean LLC, doing business as Protean (with its affiliates, “Protean”, “Protean Home”, “we” or “us”) under which you may use Protean’s website located at www.protean.me or www.proteanhome.com (the “Website”) and all linked pages owned and operated by Protean, including, without limitation, all or any part of any content, visual interfaces, images, information, graphics, design, compilation, computer code, products, software, and services thereon, and all other elements of the Protean Service and other materials that are provided by or in connection with the Protean Service (collectively, the “Protean Service”).
The term “you” refers to you whether you are a “Visitor” (which means that you simply browse the Protean website), you are a “Teacher” (which means that you access the Protean website in the capacity of a teacher), a “School” (which means you are a school district or individual school that wants to facilitate its teachers and connecting with students), a “Parent or Guardian” (which means that you are accessing the Protean application to connect with your related student and/or child), or you are a “Student” (which means you have been invited by your Teacher and/or institution to join the Protean application).
Use of and membership in the Protean application is void where prohibited.
Periodically these terms will be updated. The most current version will supersede all previous versions. By continuing to use Protean after changes are made, you agree to be bound by such changes.
Limitations of Use
Except as expressly authorized herein, you agree to the following restrictions:
(a) You may not use, copy, modify, translate, publicly perform or display, transmit, publish, edit, adapt, reproduce, or transfer the right to use Protean except as expressly provided in this Agreement.
(b) You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to discover the source code of Protean or create derivative works based on Protean or its affiliates Protean Home.
(c) You agree that you shall only use Protean in a manner that complies with all applicable laws in the jurisdiction in which you use the service, including, but not limited to, applicable restrictions concerning privacy, copyright and other intellectual property rights.
(d) You agree not to upload, post, email or otherwise send or transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy, usurp, modify or limit the functionality of Protean or any computer software, hardware, telecommunications equipment or other equipment or devices associated with Protean. You also agree not to interfere with the servers, networks or other devices or equipment connected to or used in connection with Protean or to violate any of the procedures, policies or regulations of such networks, devices or equipment, or of any service providers associated with or connected to the Protean Service.
(e) You may only access Protean for your own personal school or educational related, learning purposes and not for commercial purposes. You may not (and you agree not to) use, copy, distribute, transmit, broadcast, sell, or do anything else with Protean for any other purpose.
We reserve the right to discontinue any aspect of the Service at any time.
You are solely responsible for any content that you create, transmit, or display while using Protean.
The service permits the submission of user content including text, files, images, videos or other materials and content by you (“User Content”). Protean does not endorse or approve any User Content that you or other users contribute or post. Protean respects the intellectual property rights of others. You must have the legal right to upload any User Content to Protean. You may not upload or post any User Content to Protean that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload User Content that violates any third party’s right of privacy or right of publicity. You may upload only User Content that you are permitted to upload by the owner or by law.
By posting your User Content, you do not lose any ownership rights you may have to it. Protean may aggregate your User Content with other User Content for the purpose of compiling information regarding users of the Service as a whole and delivering in connection with operating, accessing and development of Protean.
You also grant each user of Protean a non-exclusive license to access your User Content through Protean and to use, copy, print, distribute, display and perform your User Content as permitted through the functionality of the Protean Service (subject to the privacy restrictions in the Protean Service and any copyright notices you include in your User Content) and under this Agreement.
You agree that Protean may use your feedback, suggestions, or ideas in any way, including in future modifications of the Protean Service, other products or services, advertising or marketing materials. You grant Protean a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty-free license to use the feedback you provide to Protean in any way. Protean will not sell, publish or share your feedback in a way that could identify you without your explicit permission.
You will need an account in order to use Protean. You may not log in or attempt to use another user’s account. When you are setting up your account, you must give us accurate and complete information. You are responsible for your account information and password. We reserve the right to suspend your account and/or require you to alter your password if we believe for any reason that your password is no longer secure. You may not share your Protean account password with any other person for any reason. Under specific circumstances there are exceptions to requiring an account to access limited portions of Protean. Certain functions of Protean allow a user to share part of their data to individuals (“External Visitors”) who do not have an account within the Protean Platform. These external visitors only have access to specific shared data from a Protean user. It is the responsibility of the Protean user to safely share this data and to be knowledgeable of its intended recipients. We are not liable for any loss or damage arising from your failure to comply with the above requirements.
Disclaimers; No Warranties
Protean and any third-party media, software, services, materials or applications made available in conjunction with or through the Protean service are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Protean and its affiliates, licensors, suppliers, and partners disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
Protean and its affiliates, suppliers and partners do not warrant that the functions contained in the Protean Service will be uninterrupted or error-free, that any defects will be corrected, or that the Protean Service or the server that makes it available is free of viruses or other harmful components.
Protean, and its licensors, suppliers and partners, do not warrant or make any representations regarding the use or the results of the use of the Protean Service in terms of its correctness, accuracy, reliability, or otherwise. You (and neither Protean nor its suppliers and partners) assume the cost of any necessary servicing, repair, or correction. You understand and agree that you download, purchase, or otherwise obtain media, materials, or other data through the use of the Protean Service at your own discretion and risk and that you will be solely responsible for any damage to your equipment, wireless device or loss of data that results from such material or data.
Indemnification; Hold Harmless; Release
You agree to indemnify, hold harmless and release Protean LLC, its officers, directors, stockholders, affiliates, and its and their licensors, suppliers and partners, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of (i) your use or misuse of the Protean Service, (ii) breach of any of this Agreement, (iii) your violation of any applicable law or the rights of any other person or entity, or (iv) the display, playback, publishing, hosting, sharing and/or selling or other distribution of any content made available through or by the Protean Service. Protean reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
Limitation of Liability and Damages
Under no circumstances, including, but not limited to, negligence, shall Protean or its subsidiaries, parent companies, affiliates, licensors, contractors, employees, officers, directors, agents, or third party partners or suppliers, be liable to you or to any third party for any special, punitive, indirect, incidental, consequential, or exemplary damages that result from your use of or inability to use the Protean service or any cause of action arising hereunder, even if Protean or a Protean authorized representative has been advised of the possibility of such damages.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Protean’s liability will be limited to the extent permitted by law.
Notwithstanding the foregoing, in no event shall Protean, regardless of the cause of action, have any liability for any damages incurred by reason of any products or services sold or provided to you by third parties other than Protean and received by you through or advertised on the Protean Service or received by you through any links provided on the Protean Service.
Please be aware that Protean and all User Content may be subject to the U.S. Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. §1232g; 34 CFR Part 99). FERPA is a Federal law that protects the privacy interests of students in their education records. It generally prohibits the disclosure of a student’s personally identifiable information from education records without the consent of the parent or eligible student. An eligible student is one who reaches the age of 18 years old and/or attends a postsecondary educational institution, in which case the rights of the parent transfer to the student. Generally, FERPA also gives Parents or eligible students the right to inspect and review the student’s education records, request that a school correct records which they believe to be inaccurate or misleading, consent (or withhold consent) to a school releasing any information from a student’s education record absent certain circumstances. A more detailed overview of FERPA can be found at the website for the U.S. Department of Education at http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html.
Any such use of Protean, and any materials contained therein, may not be lawful by certain persons or in certain territories. You are responsible for compliance with the laws of whatever jurisdiction you are in at the time.
Any provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
We may assign our interest in this Agreement. You may not assign or transfer this Agreement. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
Right to Terminate
Your rights under this Agreement will automatically terminate without notice from Protean if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Protean Service and Protean LLC may immediately restrict your access to the Protean Service.
Fees & Taxes
Protean LLC reserves the right to charge a fee for using Protean with reasonable notice in its sole discretion. You do not have an obligation to continue using the platform should Protean exercise its right to charge a fee. All fees are exclusive of applicable taxes (e.g. sales, use, or value-added tax), unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of Protean.
Any content displayed and/or processed utilizing the System shall not contain any of the following:
content that infringes a third party’s rights (e.g., copyright) according to applicable law;
excessively profane content;
hate-related or violent content;
content advocating racial or ethnic intolerance;
content intended to advocate or advance computer hacking or cracking;
content related to or enabling Gambling;
content relating to other illegal activity, including without limitation illegal export of controlled substances or illegal software or drug paraphernalia;
malicious content; or
other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.
In addition to and/or as examples of the violations described in the Terms of Service as posted on the Website from time to time, Client may not and may not allow any third party, including Authorized Users of Client, to:
Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content through or using the System;
Use the System to conduct or forward pyramid schemes and the like;
Transmit content using the System that may be harmful to minors;
Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent Client or the source of any email;
Transmit another party’s intellectual property or other proprietary information without such owner’s or licensees permission;
Use the System to violate the legal rights (such as rights of privacy and publicity) of others;
Promote or encourage illegal activity;
Interfere with other users’ enjoyment of the System;
Sell, trade, resell or otherwise exploit the System for any unauthorized commercial purpose;
Modify, adapt, translate, or reverse engineer any portion of the System;
Remove any copyright, trademark or other proprietary rights notices contained in or on the System;
Reformat or frame any portion of the web pages that are part of the System‘s administration display;
Use the System in connection with illegal peer-to-peer file sharing;
Display any content on or through the System that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights;
Modify the Protean logo or any other Protean marks; or
Use the System, or any interfaces provided in connection therewith, to access any Protean products or services in a manner that violates the Agreement or other terms and conditions for use of such Protean products or services.
Contact us by email: email@example.com
Last Updated: August 19, 2017