Last modified: February 12, 2019
1. DATA RIGHTS. Customer owns all right, title and interest in all data and/or content created or provided by Customer, and in all data derived therefrom (“ Customer Data ”) excluding the Non-Identifiable Aggregated Data (as defined below). Nothing in this Agreement shall be construed to grant Managed Methods any rights in Customer Data beyond those expressly provided herein. As between Managed Methods and Customer, Customer shall retain possession of the Customer Data at all times. Managed Methods shall implement daily backup of the Customer Data for the purpose of service recovery in the case of service unrecoverable failure, except if Customer specifically requests Managed Methods to disable Managed Methods’ automatic backup procedure. Backup files will also be considered Customer Data. Notwithstanding any other restrictions on use of data in this or any other agreement (i) Customer grants Managed Methods the limited, non-exclusive right to perform an automated content scan of Customer Data stored with Customer’s Cloud Provider solely for the purpose of providing the Services to Customer, (ii) Customer grants Managed Methods the limited, non-exclusive right to view, modify, collect and use the Customer Data to create meta-data derived from Customer Data (which may include, by way of example, file encryption, file modification dates, audit trails, and the number of times a file has been accessed) (“ Customer Meta-Data ”), solely for the purpose of providing the Services to Customer (iii) Customer grants Managed Methods the right to collect and use anonymized generic statistical information derived from such Customer Meta-Data (but not derived from the Customer Data directly) and aggregate it with statistical information from other customers (“ Non-Identifiable Aggregated Data ”) solely for providing and improving its services, and (iv) Customer agrees that Managed Methods shall own all right, title and interest in any such Non-Identifiable Aggregated Data. For purposes of greater clarity, Managed Methods will not store any Customer Data, except to the extent that it constitutes Customer Meta-Data. As between Managed Methods and Customer, Customer is solely responsible for the content, quality and accuracy of Customer Data, for securing any necessary approvals for Managed Methods’ use of the Customer Data as provided for herein, and for ensuring that the Customer Data as made available by Customer complies with applicable laws and regulations. Managed Methods is not responsible for Customer Data once it leaves the Managed Methods Service, including by way of example, if Customer downloads a report from the Service to a Customer personal computer.
The App will only use access to read, write, modify or control your GSuite data, including Gmail message bodies (including attachments), metadata, headers, and settings, GDrive files, metadata, read access to admin API data such as logins, third party apps to provide the service and will not transfer this data to others unless doing so is necessary to provide and improve these features, comply with applicable law, or as part of a merger, acquisition, or sale of assets.
The App will not use this data for serving advertisements.
The App will not allow humans to read this data unless we have your affirmative agreement for specific data, doing so is necessary for security purposes such as investigating abuse, to comply with applicable law, or for the App’s internal operations and even then only when the data have been aggregated and anonymized.
For details on how we use each Google scope, please see here
3. USE OF DATA. Managed Methods uses the data to set up, administer and provide the Managed Methods Service for organizations. We may also use the information to contact you to further discuss your interest in our company and the Managed Methods Service, to send information regarding our company or partners, such as promotions and events, and to respond to your requests for information. At any time, you have the ability to opt out of receiving marketing communications from us, but you may not opt out of administrative emails. We may provide your personal information to companies that provide services to help us with our business activities such as payment processing or offering customer service through our live chat service. These companies are authorized to use your personal information only as necessary to provide these services to us.
If you request to quote or purchase a 3rd party solution on the Managed Methods platform, Managed Methods will share with your selected 3rd party or its authorized reseller information required in order to provide such quote or fulfill the purchase of the 3rd party license. Such information may include but not limited to total number of users, total number of files, total amount of data stored, average number of file changes per time period, etc. Except as otherwise described in this document, your email address and personal information will not be distributed or shared with any third parties outside Managed Methods.
With your prior express permission, Managed Methods may log into your Managed Methods Service account solely to resolve a problem or support issue. In this case, the Managed Methods personnel investigating the problem would have the same access and abilities that you have when you are logged in to the Managed Methods Service; however, the Managed Methods personnel actions are logged in an immutable audit log.
Managed Methods collects and stores information to monitor and maintain the Managed Methods Service to you. Such information includes system health and availability, CPU and disk utilization over time, etc. The sole purpose of collecting this data is to monitor the availability of your service and to respond to failures in order to restore the service. Managed Methods also aggregates anonymized user data, including document and user meta-data, usage and volume statistical information, and other statistics (but not contact information) from our visitors and Users and may provide such anonymous aggregated information to third parties.
Registered Account Information from School/Educators (Name, Address, Billing information, etc.) and Student Information that may be visible during Customer Support/Troubleshooting, including student name, student Email address, file names, creation dates of files, login dates/times and third- party applications students use.
Portions of the Managed Method Service and the Website contain functions for collecting personal information including names and email addresses as well as an individual’s or account’s access history. We may also collect and track other personally identifiable and non-personally identifiable information about you, such as: your IP address, the type of browser you use, and the website you visited before visiting our Website or Managed Methods Services.
If you are using the service as an Educational Institution, student information may be visible during Customer Support and/or Troubleshooting. Personally identifiable information such as student name, student email address, file names, creation dates of files, login dates and times, and third party applications which students use could be viewed on our service by Product Support Staff.
If you register to use the Managed Methods Service or express interest in obtaining additional information, we require you to give us your contact information, such as your name, company name, address, and email address. We may also ask for additional personal information, such as title, phone number, department name or additional company information, such as annual revenues, number of employees, or industry. You can opt out of providing this additional information by not entering it when asked.
In addition to the above, Managed Methods may in any event use and disclose information disclosed to it or collected by to the extent required by any law, subpoena, legal process, court, judicial, regulatory or governmental authority, or if in Managed Methods’ reasonable discretion use or disclosure is necessary to investigate fraud or any threat to the safety of any individual, to protect Managed Methods’ legal rights or to protect the rights of third parties. In the event that Managed Methods is involved in a merger, reorganization, dissolution, sale of business or assets or similar event, information disclosed to or collected by Managed Methods may be transferred to Managed Methods’ successor, or to the purchaser of such assets, as applicable. You will be notified via email and/or a prominent notice on our Website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
4. POLICY TOWARDS K-12 EDUCATION AND CHILDREN. We adhere to the laws of the State of Colorado for Student Data Transparency and Security Act as passed in HB16-1423 and signed into law on June 10, 2016 and the United States Family Educational Rights and Privacy Act of 1974.
Regarding FERPA and California AB 1584 (Buchanan) Privacy of Pupil Records: 3rd-Party Digital Storage & Education Software (Education Code section 49073.1), Managed Methods will abide to the following:
(1) Student records obtained by Managed Methods from an educational institution continue to be the property of and under the control of the educational institution. The educational institution retains full ownership rights to the personal information and education records it provides to Managed Methods.
(2) Managed Methods does not retain or store user generated content.
(4) Parents, legal guardians, or eligible students may review personally identifiable information in the student’s records and correct erroneous information by contacting their educational institution. Additionally, Managed Methods users may access, correct, update, or delete personal information in their profile by signing into console, accessing their user account, and making the appropriate changes.
(5) Managed Methods is committed to maintaining the security and confidentiality of student records. Towards this end, we take the following actions: (a) we limit employee access to student data to only those employees with a need to such access to fulfill their job responsibilities; (b) we conduct background checks on our employees that may have access to student data; (c) we conduct regular employee privacy and data security training and education; and (e) we protect personal information with technical, contractual, administrative, and physical security safeguards in order to protect against unauthorized access, release or use.
(6) In the event of an unauthorized disclosure of a student’s records, Managed Methods will (1) promptly notify Users unless specifically directed not to provide such notification by law enforcement officials. Notification shall identify: (i) the date and nature of the unauthorized use or disclosure; (ii) the Private Data used or disclosed; (iii) general description of what occurred including who made the unauthorized use or received the unauthorized disclosure; (iv) what Managed Methods has done or shall do to mitigate any effect of the unauthorized use or disclosure; (v) what corrective action Managed Methods has taken or shall take to prevent future similar unauthorized use or disclosure; and (vi) who at Managed Methods the User can contact. Managed Methods will keep the User fully informed until the incident is resolved.
(7) Managed Methods will delete or de-identify personal information when it is no longer needed, upon expiration or termination of our agreement with an educational institution with any deletion or de-identification to be completed according to the terms of our agreement with the educational institution, or at the direction or request of the educational institution.
(8) Managed Methods agrees to work with educational institution to ensure compliance with FERPA and the Parties will ensure compliance by providing parents, legal guardians or eligible students with the ability to inspect and review student records and to correct any inaccuracies therein as described in statement (4) above.
(9) Managed Methods prohibits using personally identifiable information in student records to engage in targeted advertising.
5. SECURITY. We follow generally accepted industry standards to protect the PII submitted to us, both during transmission and once we receive it. However, due to the nature of Internet communications and evolving technologies, unauthorized entry or use, hardware or software failure, and other factors, the security of Customer Data may be compromised at any time. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee the absolute security of PII and disclaim any assurance that such information will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.
If Managed Methods becomes aware of a systems security breach by an unauthorized party or that any user data was used for an unauthorized purpose, we will comply with relevant state and other data breach laws. We will notify IT administrators of any breach resulting in unauthorized release of data electronically, at minimum, and without unreasonable delay so that you can take appropriate steps. The notification will include: date of the breach, the types of information that were subject to the breach, general description of what occurred, and steps Managed Methods is taking to address the breach.
If you have subscribed to one of our services or registered for any information from the website, you may unsubscribe from future communications by following the instructions which are included in e-mail that you receive. Additionally, you may request that no more communications be sent by sending an email request to firstname.lastname@example.org.
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