Terms of Service Agreement
This Terms of Service Agreement (this "Agreement") describes the terms and conditions by which Study.Net Corporation (“Study.Net,” "we," "us," or "our"), a California Corporation, provides its products and services (collectively, the “Services”) to you as a registered user (“Student,” “Instructor,” “Coordinator,” “User,” or “you”) and permission to use this website https://www.study.net (the "Website" or “Site”).
Please read the Agreement carefully and print a copy for your records.
By registering as a User, and using our Services and Website to create, deliver, manage, and/or use a collection of learning materials obtained from multiple sources (“Content Bundle”), you accept this Agreement and consent to its terms and conditions electronically.
If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.
We may update this Agreement by posting a revised version on our Website. By continuing to use our Services, you accept any revised Agreement.
License to Use Study.Net
We grant to you a limited, non-exclusive, non-transferable license to use Study.Net for your own personal and commercial purposes. This license may not be assigned or sublicensed to anyone else, without Study.Net’s express written consent. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF OUR SERVICES OR WEBSITE NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
You agree that you will not: (a) use this Website to reproduce copyrighted material; (b) reproduce Study.Net’s Website (legally that’s known as engaging in activity that would reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Website); or (c) engage in any activity that would interfere with or damage or harm the Website or Services rendered.
Study.Net is a web-based application that enables Instructors to identify, organize, and digitally deliver learning material from multiple sources to Students for their personal and/or educational use. This learning material may include: a) copyright content from established publishers and authors; b) free public content; and c) material uploaded directly by Instructors and/or their schools or business organizations (collectively called the “Content”). Our Services and Website further facilitate: a) the enhancement (or personalization) of material for an Instructor’s unique requirements, b) the collection and reporting of detailed usage data and c) the collection of royalty fees for, and payment of such fees to, the rightsholders of copyright material.
Study.Net is neither an educational institution nor an original publisher. As such, Study.Net is not responsible for interactions between Instructors and Students. Study.Net is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Instructor/Student relationship.
Further, should the Services involve any third party content, you agree that Study.Net is not responsible in any way for such content, and makes no representations or guarantees as to its merchantability or fitness of use. The materials that comprise a Content Bundle are the sole responsibility of the Instructors or their representatives who create that Content Bundle.
All of the Services provided by Study.Net shall be covered by this Agreement. The features available to you that comprise our Services may change from time to time, without notice.
Registration is required to use Study.Net as a User. It ensures that each user will see the resources that address their particular needs. Registered Users must affiliate with a school or business organization. Registration requires a User’s name, a valid email address, password, and their school/organization affiliation.
You agree to provide and maintain all information required by Study.Net for registration and, in the event any information is not true, accurate, or complete, you agree that Study.Net has the right to suspend or terminate your account and refuse any and all use of our Services.
During registration, all Users must request affiliation with a school or business organization. This affiliation will allow Users to view the Website and use the Services associated with a specific school or organization. Users are allowed to have multiple affiliations.
Study.Net recognizes three (3) types of User, each with different privileges (“Role”):
For Users with multiple affiliations, roles are independent. This means that a User affiliated with two schools, for example, could have different roles for each affiliation.
Upon registration, Study.Net users are automatically assigned the role of STUDENT with any affiliation. The Student role allows a User to purchase (or otherwise access) Content Bundles associated with their affiliated school or organization.
During registration, or later, any User may request the role of INSTRUCTOR. The Instructor role is granted to educators who work at a school or organization in a verified, official capacity.
The third Study.Net role of COORDINATOR is assigned to users responsible for the administration and use of Study.Net at a specific school or organization.
As a registered User, you agree not to request a role for which you have no legitimate authority to request. Any fraudulent request many lead to immediate termination of your registration as a User and access to the Website and Services.
You must be at least 18 years old to create a User account and use Study.Net, or warrant that you are the parent or legal guardian of a prospective User who is between the ages of 13 and 18 and you have the legal right and capacity to enter into this Agreement. By registering you agree to accept the terms of this Agreement.
By granting your child permission to use the Services through your account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.
You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
Study.Net allows authorized Users to create Content Bundles with material from multiple sources, for digital delivery to, and use by, registered Students. Further, creators of Content Bundles may use our Services to upload Content to Study.Net for use in a Content Bundle and/or enhance (i.e. personalize) Content for their unique requirements. By using our Services, You agree to meet certain standards of conduct, as set forth below.
You acknowledge that Study.Net may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. Study.Net may also take all appropriate actions to enforce its rights including removing content or suspending or removing your account.
You may only upload content that you have the legal right to upload and use. Copyright owners may send Study.Net a takedown request, in accordance with Section 8. DMCA, below, if they believe Study.Net is hosting material that infringes a copyright. Study.Net reserves the right to remove any Content that it deems offensive, in violation of any applicable law, or in violation of copyright protection.
For each piece of Content that you submit to or through Study.Net, you represent and warrant that:
- You have the right to upload Content to Study.Net and grant the licenses herein;
- Study.Net will not need to obtain licenses from any third party or pay royalties to any third party with respect to permitted use and distribution of the content;
- The content does not, and will not, infringe any third party's rights, including intellectual property rights, rights of publicity, moral rights, and privacy rights; and
- The content complies with this Agreement and all applicable laws.
By using this Site, you represent, warrant and agree that you will not engage in the following behavior:
No Illegal Activity: you will not use our Services or Website to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
No Malware: you will not use our Services or the Website to transmit, distribute, send, etc. viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner;
No Unauthorized Access: you will not attempt to gain unauthorized access to other computer systems through this Site;
No Privacy Violations: you will not engage in any Internet activities that would violate the privacy rights of others;
No Impersonation of Study.Net or its Employees: you will not impersonate any person or entity or misrepresent your affiliation with any other person or entity;
No Spamming or Data Mining: you will not engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping," or any other activity with the purpose of obtaining a list of users or other information via this Site;
No Use Other Than Intended: you will not use our Services, the Website or any Content contained on the Website for any purposes other than intended.
Impair Website: you will not use this Website in any manner that could damage, disable, overburden, or impair this Site or interfere with any other party's use and enjoyment of this Site.
You may not create an account if you are a member of a terror or hate group. You may not purchase any goods or services from us if you reside in a country subject to a comprehensive U.S. sanctions program or are a Specifically Designated National (SDN) as designated by the U.S. Department of the Treasury.
Payments and Refunds
Study.Net charges a fee per Student (“User Fee”) for the use of its Services and Website. The User Fee includes a fixed participation fee per Content Bundle, and variable usage fees determined by the Content that comprises the Content Bundle. The User fee may be paid directly by Student Users or, alternatively, by Schools and Organizations on their behalf.
Direct payments are collected via an e-commerce transaction at the time User access is provided to a Content Bundle. Payments from schools and organizations are due upon receipt of an invoice. Payment of the User Fee authorizes Student access to a specific Content Bundle. Refunds are offered in accordance with Study.Net’s refund policy, posted on the Website.
Study.Net reserves the right to change its User fees and refund policy, at its sole discretion at any time.
You agree that Study.Net has a license, subject to certain limitations, to store, manage, transfer, and print the content provided on this Website. All title and intellectual property rights in and to the content provided on this Site is the property of the respective content rightsholders and may be protected by the applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.
Content on the Website, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement (collectively, "Study.Net Content") is and remains Study.Net’s sole property, exclusive of content provided by Users or third party sources, which is owned by the rightsholders of such content.
Study.Net authorizes you to use its Services and Website only if you agree to comply with the intellectual property rights and royalty obligations associated with Study.Net’s Services and all content, from any source, made available on the Website.
Subject to the provisions of this Agreement, and unless confirmed in writing, Study.Net grants no other right, title, ownership, license, or other property interest in its Services or Website, exclusive of the rights to content provided by Users or third party sources, which is owned by the rightsholders of such content.
Copyright content on the Website, provided by third-party publishers and authors, is the exclusive property of these publishers and authors, or their assigned rightsholders. It may be used by you only if you agree to comply with the intellectual property rights and royalty obligations associated with this content. You agree that any authorized use of copyright content, such as sharing content without payment of required royalties, may be illegal and subject to copyright infringement.
Content that you upload to the Study.Net Website, or distribute to Users directly, is and remains your content. Study.Net does not claim any intellectual property rights over the materials you upload to the Website by virtue of your use of our Services. By uploading your content to the Website, you agree that:
Unless otherwise required by Study.Net’s Royalty Terms and Conditions for content you upload to the Website, you agree that your content does not infringe upon anyone else’s intellectual property rights and that you have secured or obtained or received all necessary rights and permissions, as necessary, from any third parties who may own the content.
Study.Net understands the importance of protecting intellectual property from infringement. Under the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), Study.Net has set out the following policy:
If Study.Net has a good faith belief that any Content appearing on its Website violates any copyrights or has been illegally copyrighted, Study.Net reserves the right to remove, block, or otherwise ‘take down’ the content. We also reserve the right to remove from the Website any Users who are repeat offenders of the Study.Net DMCA policy
If you believe that Content appearing on the Study.Net Website violates your intellectual property, you should send a notice to Study.Net (by physical mail or email) at the following address:
Attention: Copyright Department
PO Box 231520
Encinitas, CA 92023-1520
If you send Study.Net a notice regarding any claimed infringements, your notice must contain the following information:
A physical or electronic signature from the rightsholder or a person authorized to act on behalf of the rightsholder of the copyright that has been allegedly infringed.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material/works/content that is claimed to be infringing that you want to see removed. This identification should include a location (URL) and other details sufficient to allow Study.Net to find and review this material on the Study.Net Website.
Your contact information, including your address, telephone number, and email address, so that we may be able to contact you.
A statement by you that you have a good faith belief that the use of the material/works/content are not authorized by the rightsholder or their legal representative.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Term and Termination
This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer. Study.Net may terminate this Agreement at any time by providing thirty (30) days’ written notice, and Users may terminate at any time by deleting their accounts.
If you breach this Agreement, Study.Net may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account or any content within it; and (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If Study.Net deletes your account for breach, you may not re-register.
STUDY.NET PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and internet access.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, STUDY.NET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, Study.Net makes no representations or warranties:
- That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, completely secure, or accessible from all devices or browsers;
- Concerning any content submitted by or actions of our Users;
- That any digital rights management solution that we might offer will be effective;
- That our Services will meet your education or professional needs;
- That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or
- Concerning any third-party websites and resources.
You will indemnify and hold us, our directors, officers, employees, affiliates, agents, contractors and licensors harmless with respect to any suits or claims arising out (a) your breach of this Agreement, including but not limited to, any infringement by you of the copyrights or intellectual property rights of any third party; or (b) your use or misuse of the Website.
Limits of Liability
To the extent permitted by the applicable law or jurisdiction, in no event will Study.Net be liable to You for indirect, general, special, incidental, consequential, exemplary or other damages (including, without limitation damages for loss of profits, business interruption, corruption of files, loss of business information or any other pecuniary loss) even if we have been advised of the possibility of such damages. No oral or written information or advice given by us or others will create a warranty and neither you nor any third party may rely on any such information or advice. This exclusion of liability shall apply notwithstanding the breach of a fundamental term or condition of this agreement.
Study.Net’s entire liability shall not exceed the amounts paid by you to Study.Net over the twelve (12) months preceding your claim(s) or one hundred dollars (USD $100), whichever is greater.
Disputes, Choice of Law and Arbitration
If you are dissatisfied with our Services for any reason, please contact us first so that we can try to resolve your concerns without the need for outside assistance.
Choice of Law
Any disputes relating to this Agreement or your use of our Services will be governed by the laws of California and the United States of America (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law.
Any dispute, controversy, proceeding, or claim arising out of or in connection with or relating to this Agreement, shall be resolved by binding confidential arbitration by JAMS pursuant to its Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. You also agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of Study.Net to any such proceeding.
Choice of Venue for Arbitration
The arbitration will be conducted in Orange County, California, unless you and Study.Net agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing Study.Net from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, dilution, or violation of our data security, intellectual property rights, or other proprietary rights
Jury Trial Waiver
You and Study.Net agree to waive the right to trial by jury. You further agree that any proceedings to resolve any disputes shall be done solely on an individual basis and that you will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you act or propose to act in a representative capacity.
Reservation of Rights, Severability
Study.Net reserves all rights not expressly granted herein. Study.Net’s rights and remedies are cumulative. No failure or delay by Study.Net in exercising any right will waive any further exercise of that right. If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed.
Study.Net will not be liable for any delay or failure caused by (a) acts of God/natural disasters (including hurricanes and earthquakes); (b) disease, epidemic, or pandemic; (c) terrorist attack, civil war, civil commotion or riots, armed conflict, sanctions or embargoes; (d) nuclear, chemical, or biological contamination; (e) collapse of buildings, fire, explosion, or accident; (f) labor or trade strikes; (g) interruption, loss, or malfunction of a utility, transportation, or telecommunications service; (h) any order by a government or public authority, including a quarantine, travel restriction, or other prohibition; or (i) any other circumstance not within Study.Net’s reasonable control, whether or not foreseeable (each a “force majeure event”). In the event of a force majeure event, Study.Net shall be relieved from full performance of any contractual obligation until the event passes or no longer prevents performance.
Study.Net is an independent service provider. Neither you nor Study.Net is an agent, partner, or related party of the other. You may not assign this Agreement to any person whose account has been terminated by Study.Net or who is prohibited from registering; any such assignment will be void.
Study.Net may provide links to and integrations with websites operated by others. The website operator, not Study.Net, is solely responsible for the content thereof, and your use of each such website will be subject to its terms of service. We may disable integrations with any third party at any time, with or without notice. Except as expressly stated herein, nothing in this Agreement confers any right on any third party.
This Agreement constitutes the entire understanding between you and Study.Net and supersedes all prior understandings regarding your use of Study.Net’s Services and website, except as modified in writing by authorized representatives of Study.Net. If you have a signed agreement with Study.Net, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.
We may from time to time modify this Agreement of use and will post a copy of the amended Agreement on this Website. If you do not agree to, or cannot comply with this Agreement as amended, you should not use this Website. You will be deemed to have accepted this Agreement as amended if you continue to use this Website after any amendments are posted on this Website.
You must send any notices of a legal nature to us by email or at:
PO Box 231520
Encinitas, CA 92023-1520
BY USING THIS WEBSITE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT ANY RESERVATIONS, MODIFICATIONS, ADDITIONS, OR DELETIONS, AND WHETHER OR NOT YOU HAVE READ THEM. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORJZED TO USE THIS WEBSITE. YOU MAY BE DENIED ACCESS TO THE WEBSITE WITH OR WITHOUT PRIOR NOTICE IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT.
May 11, 2020
This Royalty Terms Agreement (“Agreement”) for users of Study.Net (“Study.Net”) describes the terms and conditions that guide the assignment, collection, and disbursement of royalty fees that may be requested by registered Study.Net Instructors or Coordinators (‘You” or “Your”) for the use of user-sourced copyright material (“Royalty Content”) in a Study.Net Content Bundle or Library Collection.
By using Study.Net to deliver Royalty Content that requires: a) an assignment of a royalty; b) collection of the assigned royalty from students who use the material; and c) disbursement of the collected royalty fees to the content rightsholder(s); You accept this Agreement and acknowledge the following terms and conditions are true.
If You are acting on behalf of an entity other than a natural person, You must have the authority to represent the entity or otherwise act on its behalf.
We may update this Agreement by posting a revised version on our website. By continuing to use Study.Net’s services, You accept any revised Agreement.
You have permission to use the Royalty Content, as either the rightsholder of this material, or as the recipient of permission from the rightsholder(s) of this material.
You have correctly identified the author of the Royalty Content and properly assigned any required copyright royalties to the rightsholder(s) of this material.
Other than what has already been identified to Study.Net, the Royalty Content is not subject to copyright protection or a claim of authorship by any other party. You agree to protect Study.Net against any and all copyright claims or disputes of authorship that may arise as a result of Study.Net distributing this material for Your benefit.
Study.Net will store the Royalty Content in a secure database and use its best commercial efforts to protect this material from unauthorized access. Study.Net will remove this material from its database if the use of the Royalty Content by Study.Net or its registered users is unlawful in any manner.
Study.Net agrees to collect the assigned copyright royalty for use of the Royalty Content from each student (or school in the case of central payment) who obtains or is provided electronic access to this material through the Study.Net website.
You understand that Study.Net will add a distribution fee to the Royalty Content, equal to 25% of the total material price charged for the delivery and use of this material. Study.Net will retain the distribution fee as payment for its services, which include, but are not limited to: 1) electronic distribution; 2) ecommerce processing; 3) royalty reporting and payment; and 4) customer service.
As a result of Study.Net’s 25% distribution fee, You understand that the assigned copyright royalty fee for the Royalty Content will equal 75% of the total material price charged for the delivery and use of this material by registered student users.
Study.Net agrees to remit to the identified rightsholder, within 45 days of the end of each calendar quarter, a usage report and the collected royalty fees for student access to the Royalty Content. Remittance shall be provided as a check or ECH transfer in US dollars.
You understand that students, who have authorized access to the Royalty Content, may print a personal copy of the material or purchase a printed copy from Study.Net (as an optional printed TEXTPAK) or from an authorized print service provider at an additional cost. I agree that there is no additional royalty fee associated with a personal print copy or Study.Net’s printed TEXTPAK alternatives.
I understand that Study.Net will take reasonable efforts to protect unauthorized distribution of the Royalty Content but can provide no guarantee that students won't share electronic access or print unauthorized copies of this material.
May 8, 2020
Data privacy is very important to Study.Net so we want to be open and transparent about our processing of your personal data, which may include your name, email address, school or organization affiliation, user role, and certain purchase transaction and website usage information (“Personal Data”). Our policy describing how your Personal Data is processed and protected is outlined below.
We respect your privacy. All Personal Data collected on our website is used solely to manage your experience as a user. We never share or sell your Personal Data.
Your login information (email and password) is easy to modify at any time by clicking on the tab titled, My Profile, located in the navigation menu. You may also delete your user information at any time.
Financial information is used only by third-party secure intermediaries (PayPal and its subsidiaries) to process order transactions. At no time, does Study.Net have access to or save your financial information.
We use temporary session cookies to manage your online experience. Please access your browser's security settings to manage these cookies.
Who is the controller of your Personal Data?
Study.Net Corporation ("Study.Net"), a US company incorporated in the State of California, is the controller of the Personal Data you submit to us and is responsible for your Personal Data under all applicable data protection laws.
Where do we store your Personal Data?
We store and process your Personal Data and encrypted user activity on our servers in the United States. Study.Net will minimize the storage of your Personal Data to the extent that storage is required to serve the purpose(s) for which the Personal Data was processed, to resolve disputes, enforce our agreements, and as required or permitted by law.
What types of Personal Data are being collected?
The types of information we collect depend on whether you created a Study.Net account and whether you are logged in or not. We collect personal data from you when you voluntarily provide information to us, complete a transaction or, in case of usage data, we collect data automatically when you visit the Study.Net website.
Who has access to your Personal Data?
We never share, sell or swap your Personal Data for marketing purposes to third parties outside Study.Net. Certain Personal Data that is obtained by third parties is only used to facilitate the services we provide to you (i.e., transaction processing).
What is the legal basis for processing your Personal Data?
For the processing of your Personal Data, we will inform you when the provision of Personal Data is statutory or required to complete an activity and the possible consequences if you choose not to do so.
What are Your Rights?
Right to access
You have the right to request information about the Personal Data we hold on you at any time. You can contact Study.Net about your saved Personal Data via e-mail at: firstname.lastname@example.org.
Right to portability
Whenever Study.Net processes your Personal Data by automated means based on your consent or based on your agreement with a third-party, you have the right to get a copy of your Personal Data in a structured, commonly used and machine-readable format transferred to you or to another party. This only includes the Personal Data you have submitted to us.
Right to update data
You have the right to update your Personal Data if is incorrect, including the right to have incomplete Personal Data completed. As a registered Study.Net user you can edit your Personal Data under the tab titled, My Profile. Your right to access and update shall be limited only when the burden or expense of providing access would be disproportionate to the risks to your privacy in the case in question, or where the rights of persons other than you would be violated.
When access to your data may be denied
- denial of access is required or authorized by law
- granting access would have a negative impact on the privacy of others
- to protect our rights and properties
- when the request is frivolous
Right to deletion
You have the right to delete any Personal Data processed by Study.Net at any time except in the following situations.
- you have an ongoing matter with our customer service
- you have an open order which has not yet been fulfilled
- you have an unsettled amount owed to Study.Net, regardless of the payment method
- if you are suspected of misusing, or have misused, our services
- if you have made any purchase, we will keep your Personal Data in connection to your transaction for support and accounting compliance
Right to object to the 'legitimate interest' processing of Personal Data
You have the right to object to the use of your Personal Data under the concept of 'legitimate interest' by communicating your objection to: email@example.com. Unless Study.Net can demonstrate a legitimate basis for processing your Personal Data which overrides your interests and rights, or is due to legal claims, we will discontinue processing your Personal Data.
Right to object to direct marketing
You have the right to object to direct marketing, including profiling analysis made for direct marketing purposes. You can 'opt-out' from direct marketing by the following means:
- following the 'opt-out' instructions in any marketing e-mail
- by editing the email settings of your Study.Net account
Right to data restriction
You have the right to request that Study.Net restrict the processing of your Personal Data under the following circumstances:
- if you object to a processing based on legitimate interest, Study.Net shall restrict all processing of such Personal Data pending the verification of the legitimate interest
- if you have a claim that your Personal Data is incorrect, Study.Net must restrict all processing of such data pending the verification of the accuracy of the Personal Data
- if the processing is unlawful you can oppose the deletion of Personal Data and instead request a usage restriction of your Personal Data
- if Study.Net no longer needs your Personal Data but it is required for you to defend legal claims
How can you exercise your rights?
We have dedicated customer service personnel who handle privacy-related requests. You can reach them at: firstname.lastname@example.org.
Data Protection Officer
Study.Net has a Data Protection Officer to ensure that we continuously process your Personal Data in an open, accurate and legal manner. You can contact our Data Protection Officer at: email@example.com.
Right to complain to a supervisory authority
If you believe Study.Net has incorrectly processed your Personal Data you may contact our Data Protection Officer at: firstname.lastname@example.org or submit a complaint to a supervisory authority that oversees our data usage activities.
Updates to our Privacy Notice
We may need to update our Privacy Notice from time to time. The latest version of the Privacy Notice is always available on our website. We will promptly communicate any material changes to the Privacy Notice.
How do we process your Personal Data?
We use your Personal Data to manage your online purchase(s) at Study.Net by: a) processing your orders and returns via our online services or secure third-party service providers (e.g. PayPal); b) sending you notifications of delivery status of your items and c) sending you follow-up communications regarding your order. We also use your Personal Data to manage any customer service inquires.
What types of Personal Data do we process?
We use the following types of personal data:
- account information such as name, address, e-mail address, school/organization affiliation and telephone number (if provided)
- order information and transaction amount
Our secure third-party transaction processor (PayPal) uses the following personal data:
- order information such as first and last name, and order amount
- financial information such as transaction amount, billing address, and credit card information (account number, expiration date, CID, and billing address)
Who has access to your Personal Data?
Personal Data provided to secure third parties is only used to facilitate the purchase of our products and the services we provide. It is never accessible to or saved by Study.Net.
Please be aware that our third-party processor (PayPal) has an independent right or obligation to process your Personal Data. They might share your information with third-party identity verification services in order to prevent fraud. This allows them to confirm your identity by comparing the information you provide us to public records and other third party databases. These service providers may create derivative data based on your Personal Data that can be used solely in connection with provision of identity verification and fraud prevention services.
Personal Data collected for the purposes of online purchase processing
Credit card data is collected by Study.Net’s secure transaction processor to enable the use of credit cards for payment of a purchase. Credit cards providers require the collection of Personal Data to complete a purchase, including, but not limited to: name, address, account number, expiration date, and CID.
PayPal data is collected by PayPal directly to facilitate the use of this payment process. For a PayPal transaction, your Personal Data is provided directly to this third-party provider. We also use a PayPal-affiliated payment gateway (“Braintree”) to process credit card transactions.
Personal information including your name, email address, shipping address (if applicable), and phone number (if provided) is collected to maintain a record of each transaction for the purpose of customer support and user reference during and after each transaction.
Where is the transaction processed?
All of Study.Net’s transaction processing is completed on servers in the USA. Third-party service providers may perform all or part of their processing in locations outside the USA.
What is the legal basis for using your Personal Data?
The collection and processing of your Personal Data is necessary for Study.Net to complete a purchase transaction, deliver an order to you, and to manage your access to completed orders, or saved account information.
How long do we save your Personal Data?
We keep all sales data indefinitely. We will keep Personal Data associated with your Study.Net account as long as you maintain a customer login and profile, or until you delete it.
What types of Personal Data do we process?
If you create a user account or participate in a direct marketing campaign, we collect contact information including your name and email address and your responses to direct marketing prompts or offers. If you complete a purchase, we collect your name, email address, shipping address (if applicable) and telephone number (if provided).
How do we use your Personal Data?
If you agree to receive communications from us, we may use your Personal Data to send information surveys and invitations to you by email. In order to optimize your experience with Study.Net, we may also send you relevant product and service information.
Who has access to your Personal Data?
We never share, sell or swap your Personal Data for marketing purposes with third parties outside Study.Net. Personal Data that is shared with a third-party is only used to facilitate the services provided by us.
What is the legal basis for processing your Personal Data?
The collection and use of your Personal Data for the purpose of direct marketing occurs only when you consent to receive marketing communications from us.
You have the right to withdraw your consent
You have the right to withdraw your consent to use your Personal Data for direct marketing at any time. When you do so Study.Net won't be able to send you any further direct marketing communications that require your consent.
How do you withdraw your consent to receive our direct marketing communications?
- click on the link to opt-out, displayed at the bottom of every marketing email sent to you by Study.Net
- edit your Study.Net email settings
How long do we save your Personal Data?
We keep your Personal Data for direct marketing purposes until you withdraw your consent from receiving our direct marketing communications.
Your Study.Net Account
Why do we collect and use your Personal Data?
We use your Personal Data to create and manage a Study.Net account in order to give you a personalized and relevant experience with Study.Net. We provide you with access to your current orders, as well as your order history and details of each order as a user. We also enable you to manage your account settings (including marketing preferences) to maintain accurate and updated information such as contact details and shipping information, if applicable. Further, we enable you to view saved items in your Cart.
What types of Personal Data do we collect and use?
We save your e-mail address and a password that you submit when you sign up for a Study.Net account. We also save the following types of Personal Data if you choose to provide it to us:
- first and last name
- shipping address (if applicable)
- telephone number (optional)
If you make a Study.Net purchase and have a Study.Net account, we also save for future access all of your purchase information, excluding any financial information used to complete a secure purchase transaction.
Who has access to your Personal Data?
Only Study.Net has access to Personal Data saved in your Study.Net account.
What is the legal basis for processing your Personal Data?
The processing of your Personal Data saved in your Study.Net account is based on your consent when you create an account.
How long do we keep your Personal Data?
We keep your data for as long as you have an active Study.Net account. You have the right to terminate your account at any time. If you choose to do so, your account, and all of the associated Personal Data, will be deleted without any possibility of future retrieval.
You right to object to 'legitimate interest' processing of your personal data
You have the right to object to the use of your Personal Data under 'legitimate interest' by communicating your objection to: email@example.com. Unless Study.Net can demonstrate a legitimate basis for processing your Personal Data which overrides your interests and rights, or is due to legal claims, we will discontinue the use of your Personal Data.
What is a cookie?
A cookie is a small text file that is saved to, and, during subsequent visits, retrieved from your computer or mobile device. If you use our website, we will assume that you agree to the use of such cookie.
Study.Net automatically records certain information (“Non-Identifiable” or “Aggregated Data”) about your use of our services. Similar to other technology platforms and services, Study.Net records information such as your browsing activity, data submitted or clicked on (such as forms and links), and other information (such as browser type, date and time of access, cookie ID, and referrer URL) during visits to our website.
We use temporary session cookies to enhance the user experience by maintaining the continuity of a session. That is, we recognize that the same user is navigating through our website.
What types of Personal Data do we process?
If you are logged into your Study.Net account, a cookie ID is connected to the Personal Data you submitted in relation to your Study.Net account.
Who has access to your Personal Data?
If you are logged into your Study.Net account, we use your Personal Data to optimize your website experience by displaying relevant pages and material. Personal Data that is forwarded to third parties is only used to facilitate the services we provide and present you with relevant material
Where is the transaction processed?
All processing by Study.Net is completed on our servers in the USA. Third-party service providers may perform all or part of their processing in locations outside the USA.
What is the legal basis for processing your personal data?
We only connect your cookies to your Personal Data if you are logged in to your Study.Net account. If you are logged in, the concept of 'legitimate interest' is the legal basis for processing your Personal Data.
How long do we save your cookies?
Cookies are automatically saved indefinitely on your device's browser unless you otherwise manage your browser settings. You can easily erase cookies from your computer or mobile device using your browser setting tools. For instructions on how to handle and delete cookies please review the settings of your browser. You can choose to disable cookies, or to receive a notification each time a new cookie is sent to your computer or mobile device. Please note that if you choose to disable cookies, you will not be able to take advantage of all of the features on our website.
May 8, 2020
This statement outlines Study.Net Corporation’s (“Study.Net”) compliance to the Federal Educational Rights Protection Act of 1974 (FERPA).
What is FERPA?
FERPA, the Family Educational Rights and Privacy Act of 1974 or the Buckley Amendment, is a federal law that affords students certain rights with respect to their education records.
What is an Education Record?
An education record contains information directly related to a student, maintained by an educational agency or institution or by a party acting for the agency or institution.
Combinations of student names, email logins, and shipping address information would be considered an academic record.
Study.Net acts as a third-party service providing access to selected course materials and must maintain compliance with FERPA on behalf of the institution.
Why is FERPA important?
FERPA protects students from having their information disseminated to third parties without the student's consent. By utilizing a third party, an institution extends their liability to adhere to FERPA to the third party. Beyond ethics and privacy, an institution's Title IV funding is tied to compliance with this act.
How does Study.Net work?
Students use Study.Net to purchase or otherwise access academic content assembled for use by a course instructor or school coordinator (a “Content Bundle”). To register as a Study.Net user, students provide an email login, password (encrypted), and school affiliation. No additional information is required. From a list of available Content Bundles, students may be required to purchase access to their selected Bundles via an e-commerce transaction. All purchases are processed with FERPA–compliant encryption by a third-party processor. At no time does Study.Net receive, transmit, or save a user’s financial information to facilitate a purchase transaction. Student users control public visibility (and storage) of their Directory Information.
How does Study.Net comply with FERPA?
Study.Net saves only Directory Information (i.e. name, email login and a shipping address for the optional delivery of printed materials) related to a student user. No other unencrypted user information is saved by Study.Net. All user passwords are encrypted by the Study.Net Service. Purchase information is not saved or otherwise stored by Study.Net after completion of a purchase transaction, which is processed by a third-party, data-encrypted, e-commerce provider. Study.Net employs a zero-knowledge encryption scheme to protect user passwords.
Student users control public access to all Directory Information. Furthermore, student users may request that all of their user information be permanently deleted at any time.
Only approved school coordinators (i.e. administrators), the course instructor, and fellow students may see a student user’s name in association with a particular bundle of course materials. The student user controls visibility of all other Directory Information. Furthermore, a student user may permanently delete their Directory Information at any time.
Study.Net will never hold any personally identifiable information (PII) and institutions can feel confident in extending their FERPA liability to Study.Net.
Study.Net delivers all content via SSL (TLS 1.2) and our servers are compliant to many standards including PCI and HIPAA.
Note: Study.Net is committed to keeping all student data safe.
When going through technical support channels, our representatives will never ask for information beyond what FERPA defines as "Directory Information". Our representatives may ask for the following information:
- Student name
- E-mail login
- School or organization name
Despite not collecting any personally identifiable information, all Study.Net representatives and employees are subject to FERPA updates and training. Any personal information requests beyond this should be reported to firstname.lastname@example.org.
May 8, 2020