Privacy Policy + Data Sharing Agreement
Operator: Playbook Music, Inc.
450 7THAvenue, Ste 804
New York, New York 10123 US
Privacy Policy
Playbook collects students’ instrument played and first name to create a username. That may be considered “Personally Identifiable Information” under the U.S. Children’s Online Privacy Protection Act. Playbook does not allow students to make this information publicly available.
Playbook uses this data to improve its services. Playbook does not use any Student Data for advertising or marketing purposes or to market or advertise to students or their parents or guardians. In fact, unless required by law, Playbook will not share any student data with any third party without prior written consent of the student’s school.
We enforce the encryption of all traffic coming into the application via SSL. All our data is stored in encrypted storage. A student’s school can review a student’s personal information, or refuse to permit its further collection or use.
Our authentication system enforces a strong password policy for all users.
For administrator users, we enforce two factor authentication and for institutions that require it, we can enforce it for all users, on an institution by institution basis.
Our application requires cookies for it authentication mechanism as well as analytics.
All user data is retained until user account is deleted. We do not share any identifying data with any third parties.
Any changes to the present policy are communicated to end users at least 30 days before changes go into effect.
Data Sharing Agreement
This Data Sharing Agreement (the “Agreement”) is entered into by and between Playbook, a New York corporation (“Playbook”), and [_________] (“School,” and together with Playbook, the “Parties”) for the purpose of sharing certain Student Data (as herein defined) in accordance with the Family Educational Rights and Privacy Act (“FERPA”), set forth in Section 1232(g) of Title 20 of the U.S. Code and its regulation at Part 99 of Title 34 of the Code of Federal Regulations (as amended in 2012).
1. DEFINITIONS.
“Personally Identifiable Information” means any information and metadata that, alone or in combination, is linked or linkable to a specific student so as to allow a reasonable person in the school community who does not have knowledge of the relevant circumstances, to identify the student with reasonable certainty. “Personally Identifiable Information” includes, but is not limited to, at least the following: first and last name, the first and last name of the student’s parent or guardian, telephone number, student identifiers, photos, videos, home address, email address, as well as other indirect identifiers such as the student’s date of birth or gender.
“Playbook Materials” means Playbook’s platform, software, curriculum and content made available to the School’s students from time to time pursuant to the terms of the Subscription Agreement.
“Student Data” means any data, whether gathered by Playbook or provided by School or its users during the course of using Playbook Materials that constitutes Personally Identifiable Information. “Student Data” will not include data from which all Personally Identifiable Information, including direct and indirect identifiers, has been permanently removed or obscured so that the remaining information does not reasonably identify an individual and there is no reasonable basis to believe that the information can be used to identify an individual.
“Subscription Agreement” means that certain [User/Licensing Agreement] dated as of [___], between the School and Playbook, which may be amended, amended and restated, extended or otherwise modified from time to time in accordance with the terms thereof.
2. TERM OF AGREEMENT. This Agreement shall take effect upon signature by the authorized representative of each of the Parties, and shall remain in effect until termination by the Parties pursuant to the terms of this Agreement. Upon termination of this Agreement, Playbook shall destroy all Student Data obtained pursuant to this Agreement in accordance with the requirements of this Agreement and FERPA regulations.
3. SUBSCRIPTION WITH PLAYBOOK. The School previously has, or will concurrently herewith, enter into the Subscription Agreement pursuant to which (a) certain of the School’s students will receive access to Playbook Materials and (b) to facilitate access to such Playbook Materials, Playbook will receive “directory information” as defined in 34 C.F.R. § 99.37, of those students who will have access to Playbook Materials. The Parties acknowledge and agree that “directory information” may include Student Data.
4. AGREEMENTS OF PLAYBOOK. In connection with Playbook’s receipt of certain Student Data from the School, Playbook agrees:
(a) to collect and utilize only such Student Data necessary to provide students with access to the Playbook Materials and to improve instruction;
(b) not to use any Student Data for advertising or marketing purposes and not to market or advertise to students or their parents or guardians;
(c) not to share any Student Data with any third party without prior written consent of the School except as required by law or as may be collected by Playbook’s internet providers;
(d) not to change how Student Data is collected, used or shared under the terms of this Agreement in any way without advance notice to and consent from the School;
(e) to comply, and to require its personnel to comply, with the foregoing agreements and with all applicable laws and regulations applicable to the Student Data, including but not limited to FERPA in regard to proper use, maintenance and disclosure of such information; and
(f) upon the termination of this Agreement pursuant to Section 8 hereof, to destroy all Student Data, and de-identified information within 60 days, received pursuant to this Agreement except to the extent such data is required to be retained by applicable law.
(g) upon request, to allow the School to review, delete, or prevent further use or online collection of a Student’s personal information.
5. OWNERSHIP OF DATA. All Student Data received by Playbook pursuant to this Agreement is and will continue to be the property of, and under the control of, the School, or the party who provided such data (such as the student or student’s parent or guardian). The Parties agree that as between them, all rights, including all intellectual property rights, in and to the Student Data shall remain the exclusive property of the School or the party who provided such Student Data (such as the student or the student’s parent or guardian).
6. LIMITATION OF LIABILITY. The Parties acknowledge that the data provided by the School is “AS IS” and may include errors or omissions, and therefore, the Parties agree that neither party shall not be responsible or liable in any way whatsoever for the accuracy and validity of the data. Neither Party shall be liable for (a) any demand or claim, regardless of the form of action, for any damages arising from incorrect or incomplete Student Data provided by the School under this Agreement or (b) any indirect, special, or consequential damages which may rise from any breach of this Agreement.
7. GOVERNING LAW; VENUE. This Agreement shall be construed in accordance with and governed by the laws of the State of New York. In the event of any legal action to enforce or interpret this Agreement, the venue shall be a court of competent jurisdiction located in New York including potentially Federal courts of New York, and the Parties hereto agree to and do hereby submit to the jurisdiction of such courts. Furthermore, the Parties specifically agree to waive any and all rights to request that an action be transferred for trial to another county.
8. TERMINATION. This Agreement shall terminate automatically and without further action upon the termination of the Subscription Agreement. Termination shall not affect either Party’s obligations already incurred or required to be performed prior to the effective date of the termination.
9. SEVERABILITY. The invalidity of any section, subsection, clause, or provision of this Agreement shall not affect the validity of the remaining sections, subsections, clauses, or provisions of this Agreement.
10. AMENDMENTS. The Parties agree that this Agreement may be modified, supplemented, or amended by written agreement signed by the parties hereto.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the date indicated, with the effective date being the most recent signature.
PLAYBOOK
By:_____________________________
Name:
Title:
Date: SCHOOL
By:___________________________
Name:
Title:
Date:
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