Terms of Use

Terms of Use

Effective: January 31, 2019

I. Introduction

This is an Agreement between you and the Buck Institute for Education (hereinafter, “BIE”, “us”, “we”, or “our”), and it outlines important terms that you will agree to as a result of your using websites located at: bie.org; pblworks.org; and/or my.pblworks.org (hereinafter collectively referred to in the singular as “the Site”).

When you visit our Site or create an account to access PBLWorks.org (“PBLWorks”), you will have access to certain resources and services, including, but not limited to, the creation of educational projects or plans using BIE supplied modules or content, access to online educational sessions, the option to participate in online interactions, share educational projects or educational plans with a community of users, and in some instances, obtain educational credit (hereinafter, collectively the “Services”).

In addition to your agreement to be bound by these Terms of Use, you will also agree to be bound by BIE’s corresponding Privacy Policy located here: (insert hyper-link to Privacy Policy) and Cookie Policy (insert hyper-link to Cookie Policy) the terms of which are incorporated by reference.

Please read the rules contained in this Agreement carefully. By visiting the Site, and/or downloading, using or registering to use our Services, you agree to comply with these rules.

II. Changes to the Agreement

We will make changes to this Agreement from time to time. Any material changes will take effect immediately for new users and upon the expiration of thirty days after notification for current users. Any use of the Site, resources or Services after the 30-day notice period constitutes your acceptance of any change. Unless explicitly stated otherwise, any new features that augment the current Services, including the release of new Services, shall be subject to this Agreement.

III. Account Registration and Fees

A. User Accounts

The Site allows for the creation of accounts (known as “User Accounts”). The creation of a User Account will allow you to access different services and features on the Site. Access to some services and features require payment of an annual subscription fee, which is non-refundable.

B. Personal Information Provided

In order to create a User Account, you must provide certain Personal Information as defined in the Privacy Policy portion of this Agreement. All Personal Information will be subject to the terms of our Privacy Policy found here: (insert hyperlink).

You agree and represent that all Personal Information provided by you at the time of registration is accurate and up-to-date. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up a User Account. If you provide any Personal Information that is untrue or inaccurate, not current, or incomplete, or if BIE suspects that your Personal Information is untrue, inaccurate, or incomplete, then BIE may, in its sole discretion, suspend, terminate, or refuse future access to the Services or your User Account.

If any of your User Account information changes or if you have reason to believe that your User Account is no longer secure, you must update your account by using the appropriate update mechanism on the Site, if available. BIE is not responsible for any unauthorized use of your User Account. If you believe there has been unauthorized use of your User Account, you must notify BIE immediately. You are responsible and liable for any conduct on the Site under your User Account.

Only the individual assigned to the User Account is permitted to use the password protected Services within BIE. If you loan or disclose your user name and password or otherwise knowingly or unknowingly allow unauthorized access to the Services we reserve the right to terminate access to the Services or your User Account.

C. Inactive Accounts

Upon non-payment of subscription fees when due, your User Account will be downgraded to an account that does not have access to any of the paid portions of the Site or Services.

In the event that a user fails to renew its annual subscription payment and the User Account is downgraded, BIE will preserve the User Generated Content associated with that User Account for either a commercially reasonable time or a period of three years (at its option) during which time the user will be able to access the content for review and download. There is no guarantee that BIE owned content will remain the same or will be preserved as the BIE content appeared at the time that an account has been downgraded.

IV. Intellectual Property Ownership

BIE owns, or is the licensee to, all right, title and interest in and to the Site and all BIE created materials and BIE created content associated with the Services or its products, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof.

The trademarks appearing on the Site are owned by BIE or are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement by their owners is expressly made.

By utilizing the Services or visiting the Site you agree that you will not violate any of BIE’s intellectual property rights. You will not create any works that incorporate any BIE forms, modules, rubrics, and/or online planners, except as expressly permitted in Section V of these Terms of Use or as outlined on the Site. You may use material from this Site only for your own personal, non-commercial use. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
You will not copy, modify, adapt, translate, publish, reproduce decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the Site and you will not remove, obscure, or alter BIE’s copyright notice or any copyright notice fixed by a third party content owner, trademarks or other proprietary rights notices that may be affixed to or contained within the Site.

A. Third Party Video Content

While much of the video content on the Site is created and owned by BIE, some third party video content is used and displayed on the Site under license to BIE. If you see a video on our site, don’t assume that our limited license to you as outlined in Section VI will apply. To the extent possible, all third party content has been identified as such.

B. Creative Commons Licenses
Select material on the Site is designated with a specific Creative Commons License and you may use that material as provided in the applicable Creative Commons License. Learn more about the different types of licenses, license deeds and license code by visiting http://creativecommons.org/licenses/. For any work not designated as free to use under a creative commons license, contact BIE as outlined in Section XXI to seek written permission to use such works.

V. BIE Project Forms and Rubrics and User Generated Content

As part of the Services, BIE will provide the user with access to various project forms, modules, rubrics, and/or online planners created and owned by BIE (“BIE Project Forms and Rubrics”). Users may download and use these BIE Project Forms and Rubrics “as is” for their own personal use OR users may: (i) create certain desired changes to tailor his or her own project to his or her own needs using BIE’s Project Forms and Rubrics; or (ii) create their own projects using the Project Forms and Rubrics as only a guide for their own personal use.

A. User Generated Content

The BIE Project Forms and Rubrics contain blanks or spaces that a user can “fill in” with their own content. The content that a user “fills in” or otherwise adds to the BIE Project Forms and Rubrics shall be considered “User Generated Content.” BIE will not claim ownership to such User Generated Content.

You represent and warrant that you own or have a license, right or other type of permission to use and exploit such User Generated Content in all manner contemplated herein. You agree to indemnify and hold BIE, and its affiliates and assigns harmless from any demands, loss, liability, claims or expenses, and attorney’s fees made against us by any third party arising out of or in connection with your User Generated Content.

B. Permitted Uses of User Projects

Once a user creates a project, he or she may either: (i) save and use these projects within PBLWorks; (ii) share their projects or plans saved within PBLWorks with other users; or (iii) download his or her own project to their own personal computers or other desired location for his or her own personal use.

a. Sharing Projects Within PBLWorks

BIE encourages users to create and share their projects and to engage with the community of other users of its Services. Users will also be allowed to display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material with each other within PBLWorks and with BIE about the shared projects or plans.

b. Downloading Projects and BIE Project Forms and Rubrics

PBLWorks allows users to download the projects that he or she creates onto his or her own computer or other similar location for their own personal use. If the downloaded projects include BIE Project Forms and Rubrics or if the user’s projects were created using the BIE Project Forms and Rubrics as a guide, the user may NOT sell or otherwise use the downloaded project for any commercial purpose.

VI. Grant of Limited Licenses

Subject to your compliance with this Agreement, BIE grants you a non-exclusive, non-transferrable, royalty-free, revocable, world-wide limited license, subject to certain limitations outlined herein, to use the Project Forms and to access and use the Site and Services using a Web browser.

The User hereby grants to BIE, a non-exclusive, royalty-free, irrevocable, world-wide license in and to your User Generated Content. Such license of your User Generated Content will allow BIE to use, reproduce, transmit, copy, exhibit, display, print, publish, and otherwise use the User Generated Content.

VII. Site Availability and Updates

While BIE strives to ensure that the Site and the Services are available as close to 99% of the time as possible, it cannot guarantee that the Site and the Services will be available for use at any given time.

BIE acknowledges that it may need to perform maintenance activities for the Site and the Services as may be necessary or appropriate from time to time, including bug fixes, software updates, feature updates, and the addition of new BIE forms, modules, and rubrics. In most instances, there will be no interruption to the functionality of the Site or Services.

If BIE reasonably determines that maintenance activities will require an unavailability or outage of the Services or the Site for an excess of 3 days, BIE will provide a notice of scheduled downtime on the Site at least one week before the scheduled outage.

BIE will use commercially reasonable efforts to perform routine scheduled maintenance during non-business hours. In the event that the Site or the Services are unavailable due to technical reasons, force majeure, or for scheduled maintenance or downtime, BIE shall use commercially reasonable efforts to ensure that such downtime will be as minimal as possible.

VIII. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED "AS IS", BIE AND ITS AFFILIATES AND ASSIGNS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SITE OR SERVICES. BIE AND ITS AFFILIATES AND ASSIGNS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE ITSELF WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED VIA THE SITE. BIE ITS AFFILIATES AND ASSIGNS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE SERVICES VIA THE SITE OR OTHERWISE, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, YOUR USE OF OR RELIANCE ON THE SITE OR ANY OF THE SERVICES, MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE BIE ITS AFFILIATES AND ASSIGNS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, "CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR THE SERVICES.

IX. INDEMNIFICATION

YOU WILL INDEMNIFY AND HOLD HARMLESS BIE, ITS AFFILIATES AND ASSIGNS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND EMPLOYEES, FROM ANY CLAIM MADE BY ANY THIRD PARTY DUE TO OR ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR CONDUCT OR IN CONNECTION WITH YOUR USE OF THIS SITE AND SERVICES, ANY ALLEGED VIOLATION OF THE TERMS OF USE, AND ANY ALLEGED VIOLATION OF ANY APPLICABLE LAW OR REGULATION. BIE RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, BUT DOING SO WILL NOT EXCUSE YOUR INDEMNITY OBLIGATIONS.

X. Rules of Usage

You may not provide to or post any User Generated Content on or through the Site any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising, and/or commercial offers. You may not repeat the same posting multiple times in a day or week. You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through the Site or the App any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful, or violent.

You may not provide to or post any User Generated Content on or through the Site any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone’s privacy, or illustrates, references or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation (e.g., drug use, solicitation of sex).

User Generated Content does not reflect the views of BIE. BIE does not have any obligation whatsoever to monitor, edit, or review any User Generated Content on the Site. BIE will fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.

XI. Use by Minors and Children Under 13 Prohibited

The Site and the Services are directed to adults. They are not directed to minors or children under the age of 13. We comply with the Children's Online Privacy Protection Act and do not permit registration by and will not knowingly collect personally identifiable information from anyone under 13. This requirement will be posted wherever we collect data within the Site, such as during the registration process.

XII. FERPA

BIE complies with the Family Educational Rights and Privacy Act of 1974 (FERPA), which is a federal law that protects the privacy of student education records. While users are free to upload student programs or projects as part of their own User Generated Content, it is solely the user’s responsibility to ensure that there is no personally identifiable information about any student contained therein.

IN THE EVENT THAT YOU UPLOAD ANY STUDENT PROGRAMS, WORK SAMPLES, IMAGES, PROJECT MATERIALS OR PROJECTS, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS BIE, AS WELL AS ITS AFFILIATES AND ASSIGNS, FROM ANY CLAIM ARISING OUT OF THE UPLOADING OF ANY STUDENT PROGRAMS, WORK SAMPLES, IMAGES, PROJECT MATERIALS OR PROJECTS.

In the event that there is personal information about a student included as part of any User Generated Content, BIE reserves the right to remove the content immediately and without notice to the user.

In the event that you notice the inclusion of any personal information that you believe may be that of a student under the age of 18 and in violation of FERPA, we ask that you notify BIE by sending a description of where the personal information is located on the site to the email provided in Section IX below.

XIII. Third Party Web sites

As part of the offered Services, you will be able to access third party Sites, which provide their own services and content. We do not control those third-party services and content.

XIV. Purchases

You may also elect to purchase items from third party Web sites accessed through the Site. At no time does BIE act as an agent for such a sale. BIE does not and will not process or retain any of your credit card information associated with any purchase from a third party Site. Transactions for the sales of any such item shall be between the user and the third party seller, distributor, or manufacturer without any involvement of BIE or its third party service providers. You agree that BIE is not responsible, and shall have no liability to you, with respect to merchandise or products, featured or mentioned on the Site. BIE does not warrant any of the merchandise or products featured or mentioned on the Site.

XV. Coursework with Universities or other Academic Institutions

While the coursework of any courses you are enrolled in will be available through the Site, the terms and conditions of any academic credit offered are governed by a separate third-party university and all terms of use associated with the website for that particular university or other academic institution, as well as all intellectual property ownership rules and guidelines for that university or other academic institution shall apply.

XVI. Notice of Infringement Claims

BIE respects the intellectual property of others, and we ask our users to do the same. BIE has designated an agent to receive Notices of Infringement with the U.S. Copyright Office in conformity with the Digital Millennium Copyright Act (“DMCA”). That agent’s contact information is reproduced below. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or that your trademarks or other intellectual property rights have been otherwise violated, please contact BIE as outlined below with the following information in a written notice in writing or electronically:

  1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  2. A description of where the material that you claim is infringing is located on the site, with enough detail that we may find it on the site;
  3. Your address, telephone number and e-mail address;
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf;
  6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

Please note that, because of security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

Please direct the information to:

Buck Institute for Education
Attn: Privacy Policy
3 Hamilton Landing
Suite 220
Novato, CA 94949
Email: [email protected]

XVII. Suspension of Access to the Site

BIE has the right to terminate and/or suspend your ability to access the Site the Services for any or no reason, without notice.

XVIII. Arbitration

You agree to arbitrate all Disputes between you and BIE, its affiliates and assigns, except disputes relating to BIE’s intellectual property rights. The term, “Disputes”, means any action or other controversy between you and BIE concerning the Services or this Agreement, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.

In the event of a Dispute, you much send written notice detailing the Dispute to BIE at the below address to determine whether the Dispute can be resolved immediately. If the Dispute cannot be resolved, you and BIE shall settle the Dispute by binding arbitration before a neutral arbitrator in San Francisco, California whose decision will be binding except for a limited right of appeal under the U.S. Federal Arbitration Act. Arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. Each party shall bear its own costs.

XIX. Severability

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

XX. Waiver

No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provisions under these terms shall not constitute a waiver of such right or provision.

XXI. Contact BIE

Please direct any inquiries or complaints as outlined in this Agreement to the below address:

Buck Institute for Education
Attn: Privacy Policy
3 Hamilton Landing
Suite 220
Novato, CA 94949
Email: [email protected]

If you do not agree to the above terms and conditions, you are forbidden from utilizing the Site or registering for the Services.

Privacy Policy

Effective: January 31, 2019

I. Introduction

At the Buck Institute for Education (“BIE”, “we”, “us” or “our”), we understand that privacy is important, and we are strongly committed to protecting the privacy of visitors to our websites located at: bie.orgpblworks.org; and/or my.pblworks.org(hereinafter collectively referred to in the singular as “the Site”).

The following information is designed to help you better understand what information we gather from our Site, information collected when you create an account on our online platform services, how we handle the information once we gather it, whether we disclose it to anyone, and the choices you have regarding our use of, and your ability to correct the information.

When you visit our Site or create an account to access PBLWorks you will have access to certain services, including, but not limited to, the creation of educational projects or plans using BIE supplied modules or content, access to online educational sessions, the option to participate in online interactions, share educational projects or educational plans with a community of users, and in some instances, obtain educational credit (hereinafter, collectively, the “Services”). Please read this policy carefully. You agree to be bound by this Privacy Policy by opting in to join our mailing list, using this Site, or by creating an account though which we will provide Services.

This policy applies where BIE is acting as a data controller with respect to the Personal Information (defined below) of visitors to our Site and users of our Services; in other words, where we determine the purposes and means of the processing of that Personal Information.

II. Changes and Updates to this Privacy Policy

We will make changes to this Privacy Policy from time to time. Any changes will take effect immediately for new users and upon the expiration of thirty days after notification for current users. Any use of the Site or Services after the 30-day notice period constitutes your acceptance of any changes.

In the event that we make changes to: (i) the types of information collected; (ii) how we use that information; or (iii) who your information is shared with, we will notify you with a notification banner and you will be given a chance to opt-out or request that we delete your information at that time.

III. Your User Account

In order for BIE to full its agreement to you when you access PBLWORKS and utilize the Services, you will need to create an account, known as a “User Account.” For additional detail regarding your User Accounts, please see our Terms of Use (insert hyper-link to Terms of Use).

Your school or district administrator MAY have access to all or some of your account information including, but not limited to, all of your projects and reports and other User Generated Content, as defined in this Privacy Policy and the corresponding Terms of Use. In addition, your school or district administrator may be able to: (i) change your password; (ii) suspend or terminate access to your account; (iii) view your account; and/or (iv) access your projects and any other information associated with your account.

IV. Types of Personal Data Collected

We collect different types of data (collectively, all types of data defined herein are referred to as “Personal Data”) and this Section sets forth: (a) the general categories of Personal Data that we may process; (b) in the case of Personal Data that we did not obtain directly from you, the source and specific categories of that data; (c) the purposes for which we may process Personal Data; and (d) the legal bases of the processing.

A. Personal Information.

The first type of Personal Data that we may collect from you is called “Personal Information.” Personal Information allows us to directly identify you. When you create a User Account, place an order for products on our Site, correspond directly with us, interact with other users, post or share information on the Site, and/or when you otherwise use the Services, we may store and process some of the below listed Personal Information, which we collect directly from you:

a. Types of Information Collected:

  • Your first and last name
  • A working email address
  • Address
  • Zip code
  • Phone number
  • Password
  • User ID
  • State of employment
  • Name of school district
  • School district location (city and state)
  • Grade level
  • Academic subject area
  • Geographic location
  • Demographic information provided by you at your option (such as language preference, gender, and age, and, if applicable, content preferences and personalization information, including, but not limited to a profile picture.
  • Information you provide to us when you use the Site, or Services in connection with third-party Sites or platforms or when you link your profile on a third-party Site or platform with your account
  • On occasion, we may ask for additional information to enable us to provide you with access to and use of certain information, materials and services, all which may be provided at your option.

BIE allows you to freely change, update or request that we delete your Personal Information. Please see Section XI for more information.

We may process the above outlined Personal Information obtained directly from you or in some cases your employer (if your employer has purchased access to PBLWorks on your behalf) for the purposes of operating our Site and providing our Services. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract or to service that contract.

A. Notification Data.

The second type of Personal Data that we may collect from you is called “Notification Data.” When you subscribe to or “opt-in” to be added to our mailing lists, we may process certain information, including, your first and last name, and a working email address that you provide to us for the purpose of subscribing to our email notifications and/or newsletters called Notification Data. The Notification Data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent.

B. Usage Data.

The third type of Personal Data that we may collect from you is called “Usage Data.” As is true of most websites, we may collect certain usage information called Usage Data and automatically store it. Some types of information that may be automatically stored is location information either provided by a computer or mobile device interacting with the Site or associated with your Internet Protocol (“IP”) address (or other related unique device identifier assigned to that device), your device’s browser, browser type, operating system, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data, the amount of time spent on particular pages, geographic location and the date and time of activity on our Site, and other similar information. This information may be stored via the functionality of your computer, mobile phone or other device and, if so, BIE may store and have access to such information. We do not link this automatically collected data to other information we collect about you.

We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis. (or) The source of the Usage Data is our analytics tracking system. This Usage Data may be processed for the purposes of analyzing the use of the Site and our Services. The legal basis for this processing is our legitimate interests, namely, monitoring and improving our Site and Services.

V. How Do We Use Your Personal Data

BIE uses your Personal Data, Notification Data, and Usage Data that you supply directly to us as outlined above to provide you with the Services. We may use your Personal Data to:

(i) assign you an internal account number and create your account;
(ii) enable user to user communications, respond to technical support and customer service issues;
(iii) allow delivery and billing for our products and services, and to communicate with you concerning your account (including verifying authorization of credit card usage before any purchase of content or services);
(iv) improve our products and services by providing personalized content recommendations, language and location customization, and/or personalized help and instructions;
(v) ask you if you would like to participate in surveys about products, services, news and events;
(vi) provide you with news, free newsletters, updates, promotions, and special offers;
(vii) better understand how our Services are used, including Web traffic patterns and what types of content are most popular with users of our Services in order to improve existing services;
(viii) provide anonymous reporting for internal and external partners;
(ix) in connection with the creation of electronic or digital badges or credentials;
(x) help to manage improper behavior by individuals using the Site and to verify accounts and activity, to monitor suspicious or fraudulent activity.

VI. Sharing Your Personal Data with Other Companies

BIE will not sell or share your Personal Data to third parties unless it is required to comport with the functionality of the Site or the Services, except in limited circumstances including:

(i) When you elect to share your Personal Data with another company.

(ii) When you direct us to share your Personal Data with third-party websites or platforms.

(iii) BIE may share your Personal Data with its trusted vendors and partners who work with BIE.

These partners are provided with your personal information to help BIE communicate with you about offers from us and from our marketing partners. Our trusted vendors and partners are contractually required to keep this personal information secure and to only use it for the purposes for which it is provided. For example, financial transactions relating to the Site and our Services are handled by our payment services providers, Amazon Web Services, Nexternal, Badgr, FormAssembly, Salesforce, CVENT, and Constant Contact. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds.

(iv) We may disclose any Personal Data that we collect to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, and/or obtaining professional advice.

(v) In addition, as our business changes, we may buy or sell various assets. In the event all or a portion of the assets owned or controlled by BIE or any subsidiary or affiliated entities are sold, assigned, transferred or acquired by another company, Personal Data from and/or about the users our Site and Services may be among the transferred assets.

VII. Sharing Personal Information with Universities or other Academic Institutions

In the event that schools, universities, or other academic institutions that have partnered with BIE elect to provide academic course credit through the Site, BIE will share your Personal Information and Notification Data with those third parties.

VIII. Other Uses of Information Collected

We may also provide access to any Personal Data in our possession in order to cooperate with official investigations or legal proceedings, including, for example, in response to subpoenas, search warrants, court orders, or other legal process. BIE may also disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to protect and defend the rights or property of BIE, or our affiliated companies, their employees and agents; enforce our Terms of Use; protect against fraud or other illegal activity or for risk management purposes; permit us to pursue available remedies or limit the damages that we may sustain; act in urgent circumstances to protect the personal safety of users of BIE Services or the public at large.

IX. Third Party Web Sites and Share Functionality

The Site may contain links to third party websites that are not owned or controlled by BIE. BIE has no control over, and assumes no responsibility for any share functionality or the content, privacy policies, or practices of any third party website or application, unless specifically outlined in this Privacy Policy. By using this Site and/or its Services, you expressly relieve BIE from any and all liability arising from your use of any share functionality or third party Site accessed from the Site or your sharing of any of your Personal Information.

X. Data Security

BIE safeguards the security of the data you send us with commercially reasonable physical, electronic, and managerial security measures. We urge you to take every precaution to protect your Personal Information when you are on the Internet. For example, to make purchases from the Site you must use an SSL-enabled browser. BIE uses industry-standard Secure Sockets Layer (SSL) encryption on web pages used to complete a purchase. This protects the confidentiality of your personal and credit card information while it is transmitted over the Internet.

The information the Site collects may be stored locally on your device and may, subject to applicable law, be transmitted to our servers, which may be outside the country where you are located. We may use third-party products and services to secure or store your information.

If any of your Personal Information or account information changes or if you have reason to believe that your User Account is no longer secure, you must update it by using the appropriate update mechanism on the Site, if available. Otherwise, contact BIE using the contact information in Section XV below.

XI. Exercise Your Rights

Your principal rights under data protection law are:

(i) the right to access—you have the right to request information on Personal Data or Personal Information collected, used, disclosed or processed by BIE.

(ii) the right to request rectification—you have the right to have any inaccurate Personal Information about you rectified and, taking into account the purposes of the processing, and to have any incomplete Personal Information about you completed.

(iii) the right to request erasure—in some circumstances you have the right to the erasure of your Personal Information without undue delay. Some exceptions include exercising the right of freedom of expression and information and compliance with a legal obligations.

(iv) the right to restrict processing or object to our processing of your data or Personal Information.

(v) the right to data portability.

(vi) the right to complain to a supervisory authority—see Section XV regarding information about how to contact BIE.

(vii) the right to withdraw consent in whole or in part, to the collection, use, disclosure or processing of your personal data for purposes of dispatch of advertising material, direct selling or for the fulfillment of marketing surveys or commercial communication (e-mail).

Please be aware that if you do not allow us to collect Personal Data from you, we may not be able to deliver the Services to you, and some of the Services may not be able to take into account your preferences required to utilize the Services.

XII. Use by Minors and Children Under 13 Prohibited

The Site and the Services are directed to adults. They are not directed to minors or children under the age of 13. We comply with the Children's Online Privacy Protection Act and do not permit registration by and will not knowingly collect personally identifiable information from anyone under 13. This requirement will be posted wherever we collect data within the Site, such as during the registration process.

XIII. Compliance with FERPA

BIE complies with the Family Educational Rights and Privacy Act of 1974 (FERPA), which is a federal law that protects the privacy of student education records. We do not knowingly collect, process, or store any personally identifiable information about any student under the age of 18. In the event that any personally identifiable information about any student is uploaded or input into the site or is used in connection with the Services. We will immediately remove any such information and to the extent possible, delete it from our servers. We reserve the right to create a hard copy of any such information, as may be necessary.

XIV. Retaining and deleting Personal Data

We retain your Personal Information, Usage Data, or Notification Data for as long as your account is active and a reasonable period thereafter in case you decide to re-activate the Services. We may retain your Personal Data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

In most cases, we will retain your account information and Personal Information for a period of three years of non-activity. After such time, we will either delete your information or, if this is not possible (for example, because the information has been stored in backup archives), then we will securely store your information and isolate it from any further use until deletion is possible.

If your account is deactivated or disabled, some of your information and the content you have provided will remain in order to allow other users to make full use of the Services. If the Services are made available to you through your employer or school, or school district, we retain your information as long as required by the administrator of your account.

If you have elected to receive marketing emails from us, we retain your Notification Data about your marketing preferences for a reasonable period of time from the date you last expressed interest in our Services, such as when you last opened an email from us or ceased using your account. We retain Usage Data for a reasonable period of time from the date such information was created.

XV. Contact Us

Please direct any inquiries or complaints as outlined in this Privacy Policy to our Privacy Director using the below information.

Buck Institute for Education
Attn: Privacy Policy
3 Hamilton Landing
Suite 220
Novato, CA 94949
Email: [email protected]

Cookie Policy

Effective: January 31, 2019

I. Use of Cookies

When you access the Services, we collect certain technical information in order to analyze the usage of Site and Services, as well as to provide a more personalized experience, manage advertising, and obtain information about our user base as a whole.

A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

Cookies may be either “persistent” cookies or “session” cookies. A persistent cookie will be stored by a web browser and will remain valid until its set expiration date, unless deleted by the user before the expiration date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

Cookies do not typically contain any information that personally identifies a user, but Personal Information that we store about you may be linked to the information stored in and obtained from cookies.

We may use cookies for:

a. Authentication: for our shopping cart, to remember users’ settings (e.g. language preference), for authentication.
b. Status: to help us to determine if you are logged into our Site.
c. Personalization: to store information about your preferences and to personalize the Site for you.
d. Security: as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our Site and Services generally.
e. Analysis: to help us to analyze the use and performance of our Site and Services.

II. Cookies used by our service providers

Our service providers use cookies and those cookies may be stored on your computer when you visit our Site.

We use Google Analytics to analyze the use of our Site. Google Analytics gathers information about the Site use by means of cookies. The information gathered relating to our Site is used to create reports about the use of our Site.

III. Managing cookies

Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version.

You can set your web browser to warn you about attempts to place cookies on your computer or device or limit the type of cookies you allow. If you disable cookies, you may lose some of the features and functionality of the Site.

Blocking all cookies will have a negative impact upon the usability of many websites. If you block cookies, you will not be able to use all the features on our Site.