1. Where are your data processed?
We operate in the United States. Our servers, offices, and sub-processors are located in the United States and therefore personal data about you may be transferred to, stored, or processed in the United States.
2. How long are your data stored?
We limit retention of your personal data to the time necessary to fulfill the personal data’s original purpose. Your contact details and access data (defined in Section 3 below) are logged to a secure database, and analytics cookies are kept indefinitely unless you request removal. Upon a deletion request, we will retain only those copies of your personal data and any related transactions in a manner that is either (i) consistent with the law or (ii) as we believe reasonably necessary to comply with any law, regulation, legal process, or governmental request.
3. What data are collected?
We collect information about you in two ways: directly from your inputs and through automated technologies. When you use our Services, the data of the device you use to access our Services is automatically logged (“access data”). This access data includes server log files that generally consist of the following information:
the IP address of your computer;
your web browser type and version;
your operating system;
your internet service provider (ISP);
dates and times you accessed the Services;
websites visited by you prior to accessing our Services; and
websites you accessed from our Services.
Some features of our Services require that you divulge personal data to us (e.g. search queries, entries made in forms or contracts, click data). In this case, the personal data we process that is provided by you may include:
contact information (address, phone, email),
financial information (credit card numbers, billing information, passwords),
biographical information (job title, company name, job history, photos); and
other personal data you may share with us when you contact us with requests for additional information or support.
4. Do you collect Special Categories of personal data (sensitive data)?
5. What cookies are used?
cookies that are used to identify or authenticate the user;
cookies used to temporarily store user input (e.g. the content of a shopping cart or online form);
cookies used to temporarily store marketing campaign information;
cookies used to store user preferences (e.g. search or language settings);
cookies that store data to enable the trouble-free rendering of video or audio content; and
analytics cookies used to record the usage behavior of our users and evaluate it in the form of statistics (e.g. advertising banners clicked, sub-pages visited, search queries conducted).
6. How are your data used?
We use your personal data in the following ways.
Providing the Services: we will process your personal data to activate, administer, maintain and troubleshoot the Services.
Processing Payments: we will process your personal data to process and fulfill requests, orders, and other e-commerce transactions.
Providing Technical Support: we will process your personal data to provide product and technical support for our Services.
Improving User Experience and the Services: we will process your personal data to (i) enhance your experience visiting the Services and delivering more individualized content; (ii) respond to your inquiries, requests and customization preferences; and (iii) identify usage trends and develop data analysis based on your usage to further develop the Services.
Strengthening Security and Integrity: we will process your personal data to enhance the technical and organizational measure we take to protect the security and integrity of the Services. This includes using server log files that are automatically collected and saved on a short-term basis (as described in Section 2) to perform statistical analysis of our systems to detect, prevent and stop denial-of-service attacks, troubleshoot and remedy technical issues, and prevent fraud.
Sending Marketing Communications: we will process your personal data to notify you about new products and services offered by us and our partners and other non-transactional information (e.g.: newsletters, push-notifications). All marketing communications will include a link with instructions to stop further communications. You can also revoke your consent to receiving electronic communication at any time by emailing the designated contact in Section 13 below and writing “Revocation – Marketing Communications” in the subject line.
Market Research and Advertising: we will process your personal data to (i) perform research, audits, reporting and other business operations; (ii) advertise to you and (iii) provide you with personalized content.
Fulfilling Legal Obligations: we will process your personal data when complying with our legal obligations brought upon by a government authority and/or to enforce our binding contractual obligations.
Reporting credits earned: we will report out to state and local agencies that need to track CPE credits and similar credits associated with professional development.
7. Sharing Your Data
The Services provide you with the option of subscribing to our newsletter by email or chat free of charge. We collect this information and process it to send you the newsletter with the assistance of third-party service providers. Any personal data you provide in the registration form (typically email and phone number) may be shared with our third-party service providers.
8. Third party content
We do not use any fully automated decision-making processes or profiling for any purposes that result in a significant effect on the user.
10. Your Consent.
11. Children’s Personal Data.
The Services are not directed at children under that age of 16. If we obtain actual knowledge that any information we collect has been provided by a child under the age of 16, we will promptly delete that information. If you are a minor between the ages of 13 and 18, you may use the site only in conjunction with your parent or legal guardian.
12. What data privacy rights do I have?
Subject to local data protections laws, you may have certain rights to access your personal data and limit our use and disclosure of your personal data. To the extent required and/or permitted by the law of the applicable jurisdiction, these rights may include the following:
Right to Access: the right to access your personal data.
Right to Rectify: the right to correct any inaccuracies in your personal data.
Right to be Forgotten: the right to have your personal data erased.
Right to Restrict Processing: the right to restrict our processing of your personal data.
Right to Data Portability: the right to transfer your personal data to another controller to the extent that such transfer is commercially feasible.
Right to Object: the right to object to any processing of your personal data done by us to pursue our legitimate business interest.
Freedom from Automated Processing: the right to exclude yourself from automated decision making based solely on profiling and automated processes.
Right to Withdraw Consent: the right to take back any previously provided consent to process your personal data at any time.
Right to Lodge a Complaint: the right to contact the data protection authority at your place of residence and request support in pursuing your matter.
We are committed to honor these rights. If you wish to exercise any of the rights mentioned above, please contact us and we will work with our privacy team in responding to your request and to the extent permitted and/or required by applicable laws, process your request within a reasonable time.
13. How to Contact Us.
Terms and Conditions
Effective date: July 1, 2019
Welcome to the SHARE professional learning platform. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications relating to the SHARE professional learning platform (the “Services”).
MODIFICATION OF TERMS
We are constantly trying to improve our Services, and these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Share platform, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes in the Terms.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
TEACHER APPRECIATION WEEK 2020 PROMOTION
For a limited time, based on nominations received, we are offering one educator in each school complimentary access to our 15-hour, self-paced course series Moving Beyond Trauma.
This course series offer is being made to nominated teachers. Nominations may be submitted here between May 4, 2020, at 4:00 a.m. Pacific time, and May 15, 2020, at 11:59 p.m. Pacific time. Only school and district leaders (e.g. principals, Director-level district staff) shall nominate teachers. Each person making a nomination may nominate only one teacher. Further, as previously stated, only one educator from each school may be nominated.
The nominated teacher may complete the Moving Beyond Trauma course series at no charge through July 15, 2020; after that time, there will no longer be free access to the Moving Beyond Trauma course series for the nominated teacher, and we further reserve the right to delete the account if no payments on the account have been made.
You represent, warrant, and agree that you will not use the Services or interact with the Services, or contribute any content to the Services, in a manner that:
Infringes or violates the intellectual property rights or any other rights of anyone else (including HotChalk);
Violates any law or regulation, including any applicable export control laws;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Jeopardizes the security of your HotChalk Analytics user account or anyone else’s (such as allowing someone else to log in to the Services as you);
Attempts, in any manner, to obtain the password, account, or other security information from any other user;
Violates the security of any computer network, or cracks any passwords or security encryption codes;
Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or content available on the Services (through use of manual or automated means);
Copies or stores any significant portion of the content available on the Services;
Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for, among other things, immediate termination of your right to use or access the Services (and HotChalk reserves all other rights and remedies).
INTELLECTUAL PROPERTY RIGHTS
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any content not owned by you, (i) without the prior consent of the owner of that content or (ii) in a way that violates someone else’s (including HotChalk’s) rights.
You understand that HotChalk (or its third party licensors) owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do.
In the event you submit, load or post any information or other data to the Services, you automatically grant HotChalk a non-exclusive right and license to copy, reproduce, display, modify, create derivatives of and other use of such information for the purposes of providing marketing, improving, or supporting the Services.
MODIFICATIONS TO THE SERVICES
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services, at any time, with or without notice.
TERMINATION OF THE SERVICES
You’re free to terminate the Services at any time – simply by ceasing to use the Services. HotChalk is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
GENERALWarranty Disclaimer. THE SERVICES ARE PROVIDED BY HOTCHALK (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS AND ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL HOTCHALK (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EEVN IF FORESEEABLE, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF US$500.00 OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Force Majeure. HotChalk will not be liable for any failure or delay in its performance of Services under these Terms due to any cause beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or failure of the internet or telephone services.
Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold HotChalk, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services, (b) your violation of these Terms or (c) your negligence or other misconduct.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without HotChalk’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, you and HotChalk each irrevocably consent to exclusive jurisdiction and venue in the state or federal courts located in San Francisco, California.Miscellaneous. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and HotChalk agree that these Terms are the complete and exclusive statement of the mutual understanding between you and HotChalk, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of HotChalk, and you do not have any authority of any kind to bind HotChalk in any respect whatsoever. You and HotChalk agree there are no third party beneficiaries intended under these Terms.
RULES BUILD A STRONGER COMMUNITY
These Community Guidelines outline the types of discussions and content that are acceptable in the SHARE platform and are intended to complement the User Agreement governing your use of and participation therein. Our goal is to create a new frontier in the education of teachers-where formal instruction, social learning, and community can come together to spread learning and share knowledge in a comfortable, safe environment.
As educators, we know how important it is to always be respectful, empathetic, and professional while teaching. In this community, we ask and encourage you to do the same. Members are expected to be considerate, comfortable, and accepting of each other. We are all motivated by a passion for learning and committed to a set of shared values, and therefore we begin with the presumption of civility and respect for individuals. We ask that you be courteous and do not use this resource to violate anyone’s rights or break the law, and that you will not share misleading information about yourself, your qualifications, work experience, affiliations, or achievements. Maintaining our commitment to create a Source for Help, Advancement, and Renewal for Educators, a place that teachers love and return to again, and again, is vital to our continued success. Any member not living up to these standards of behavior or marked as a problem may be expelled from the SHARE platform.
In order to meet the goals of this community, it’s important for members to feel like they are in a safe place that is populated by people with shared interests. As such, we request that you read and adhere to the guidelines that follow.
Treat others online as you would treat them in real life
Be tolerant towards other’s viewpoints; respectfully disagree when opinions do not align
Respect the privacy and personal information of other members
Communicate with courtesy and respect
Please do not:
Make personal attacks on other community members
Use defamatory remarks or make false statements against others
Post prejudiced comments or profanity
Bully or make inflammatory remarks to other community members
Use messaging/email responsibly. Prohibited activities include solicitations for business or personal services, fundraising, cold-calling of any kind, mass-mailings, or broadcast e-mails.
We will take action when we see someone violating these guidelines. Sometimes that just means giving someone a warning; other times it means revoking certain privileges or accounts entirely. We request that all community members report behavior that violates our guidelines to email@example.com
By logging onto the community and activating your profile, you are considered to be in agreement with the terms and conditions listed above.