StoryJumper Educational Account Agreement

Welcome to our Educational Account! Our Educational Account (“EA”) is an account governed by a set of policies designed to ensure that you - the Educator - remain in control of your student data. This EA Agreement plus our Educator Account Privacy Statement and our Data Security & Breach Statement (collectively “Educator Agreement” or “Agreement”) form the terms of our overall commitment to you when using an EA.

StoryJumper is FERPA, PPRA and COPPA compliant. In fact, we meet the FTC’s best practice standards for COPPA.

Our terms of our Educator Agreement match those used by the Student Data Privacy Consortium. We also meet the best practice standards published by the U.S. Department of Education through their Privacy Technical Assistance Center for model terms of services when using online educational services (Protecting Student Privacy While Using Online Educational Services: Model Terms of Service).

  1. Nature of Services Provided

    Educators can use StoryJumper’s platform and services to create unlimited educational experiences for their students. Our Educational Accounts have access to the StoryJumper content creation services and allow the EA Administrator to pick and choose which services fit their learning plans and serve their educational purposes.
  2. Educator: Rights & Responsibilities
    1. Account Owner & Data Controller. With an EA, the educator/account administrator (EAA) is the owner of the account and controller of the Student Data within it. StoryJumper, as data processor, will only process the student data as directed by the EAA for the provisioning of services.
    2. Data Minimization. EAA understands that, as outlined in the Educational Account Privacy Statement, minimal student personal information is needed to provide educational services within an EA. EAA agrees that it is solely responsible for determining and controlling whether to upload and use additional personal information within its EA. This includes information that is provided by its student users.
    3. Provide Data in Compliance With Laws. EAA agrees to comply with all legal requirements governing the use and disclosure of Student Data, including FERPA, PPRA, IDEA, COPPA plus any state and local guidelines to which the EAA is subject.
    4. Compliance with StoryJumper’s Rules of Conduct & Content Policies. EAA will ensure that they and their student users will at all times comply with StoryJumper’s Rules of Content & Content Policies.
    5. StoryJumper’s Publishing Services. As part of a student’s educational experience, an EAA has full access to StoryJumper’s publishing services, allowing them to build lesson plans that include story creation through story publishing.
    6. Secure Usernames & Passwords. EAA is responsible for securing usernames and passwords, and any other means of gaining access to the account or services and hosted content within it, for the EA and the student users associated with it.
    7. Unauthorized Access Notification. EAA will promptly notify StoryJumper of any known or suspected unauthorized access. EAA will assist StoryJumper in any efforts to investigate and respond to any unauthorized access.
  3. Student Data: Ownership & Authorized Access
    1. Student Data. Student Data includes a data input by the EA about a student and data input by the student, such as stories created by the student.
    2. Ownership. Student Data or any other Student Records transmitted to StoryJumper pursuant to this Agreement is and will continue to be the property of and under the control of the EAA, or to the party who provided such data (such as the student or parent). StoryJumper further acknowledges and agrees that all copies of such Student Data or any other Student Records transmitted to StoryJumper, including any modifications or additions or any portion thereof from any source, are also subject to the provisions of this Agreement in the same manner as the original Student Data or Student Records. The Parties agree that as between them, all rights, including all intellectual property rights in and to Student Data or any other Student Records contemplated per this Agreement will remain the exclusive property of the EAA. For the purposes of FERPA and state law, StoryJumper shall be considered a School Official, under the control and direction of the EAA as it pertains to the use of Student Data notwithstanding the above. StoryJumper may transfer student-generated content to a separate account, according to the procedures set forth below.
    3. Parental Access. EAA will establish reasonable procedures by which a parent, legal guardian, or eligible student may review personally identifiable information on the pupil’s records, and correct erroneous information, consistent with the functionality of services. All such information is accessed directly within the EA by the EAA. Should there be a case where the EAA needs assistance with the EA for this purpose, StoryJumper will cooperate and assist EAA as needed. In the event that a parent of a pupil or other individual contacts the StoryJumper to review any of the Pupil Records of Student Data accessed pursuant to the Services, StoryJumper will, as reasonably possible, direct the parent or individual to the EAA, who will follow the necessary and proper procedures regarding the requested information.
    4. Separate Account. The Parties agree that students may request to transfer Student Generated Content to a separate Independent Account to be held by the student or the parent of the student, as determined by our COPPA compliant Children Privacy Policies.
    5. Third Party Requests. Should a Third Party, including, but not limited to law enforcement, former employees of the EAA, current employees of the EAA, and government entities, contact StoryJumper with a request for data held by the StoryJumper pursuant to the Services, StoryJumper will, as reasonable, redirect the Third Party to request the data directly from the EAA and will cooperate with the EAA to collect the required information.

      As reasonably possible, StoryJumper will notify the EAA in advance of a compelled disclosure to a Third Party, unless legally prohibited. StoryJumper will not use, disclose, compile, transfer, sell the Student Data and/or any portion thereof to any third party or other entity or allow any other third party or other entity to use, disclose, compile, transfer or sell the Student Data and/or any portion thereof, without the express written consent of the EAA or without a court order or lawfully issued subpoena. For clarity, Student Data does not include information that has been anonymized or de-identified, or anonymous usage data regarding a student’s use of Provider’s services.
    6. No Unauthorized Use. StoryJumper will not use Student Data or information in a Student Record for any purpose other than as explicitly specified in this Agreement.
  4. StoryJumper Responsibilities
    1. Privacy Compliant. StoryJumper will remain compliant with federal legislation, including FERPA, PPRA and COPPA.
    2. Data Collection. StoryJumper only collects the minimal data required to provide the educational services requested under this Agreement.
    3. “School Official.” To the extent Personally Identifiable Information (as defined in Exhibit A) from Student Records (as defined in Exhibit A) are transmitted to StoryJumper from EAA, StoryJumper will be considered a School Official with a legitimate educational interest, and performing services otherwise provided by the EAA. StoryJumper will be under the direct control and supervision of the EAA with duties as set forth in this Agreement.
    4. Processor & Authorized Use. Student Data shared pursuant to this Agreement, including persistent unique identifiers, will be used solely to provide the educational services. StoryJumper will not re-disclose Student Data or any portion thereof, including without limitation, any student data, meta data, user content or other non-public information and/or personally identifiable information contained in the Student Data, unless it fits into the de-identified information exception in Article IV, Section 6, or there is a court order or lawfully issued subpoena for the information.
    5. Sub-processors. The EAA understands that StoryJumper will rely on one or more sub-processors to perform services under this Agreement and agrees to share the names of these sub-processors upon request. StoryJumper will enter into written agreements with Sub-processors performing functions pursuant to this Agreement, whereby the Sub-processors agree to protect Student Data in a manner consistent with the terms of this Agreement.
    6. Employee Obligation. StoryJumper will require employees and agents who have access to Student Data to comply with all applicable provisions of this Agreement with respect to the data shared under this Agreement. StoryJumper will require and maintain an appropriate confidentiality agreement from each employee or agent with access to Student Data.
    7. No Disclosure. De-identified information, as defined in Exhibit A, may be used by StoryJumper for the purposes of development, research, and improvement of educational sites, services, or applications, as any other member of the public or party would be able to use de- identified data pursuant to 34 CFR 99.31(b). The Parties agree that StoryJumper cannot successfully de-identify information if there are fewer than twenty (20) students in the samples of a particular field or category of information collected, i.e., twenty students in a particular grade, twenty students of a particular race, or twenty students with a particular disability. StoryJumper agrees not to attempt to re-identify de-identified Student Data and not to transfer de-identified Student Data to any party unless that party agrees not to attempt re-identification and/or re-identification is not possible.
    8. Disposition of Data. StoryJumper will dispose or delete all personally identifiable data obtained under this Agreement when directed by the EAA and/or the EAA requests account deletion per Article V, Sections 2 & 3. Disposition will include, as applicable: (1) the shredding of any hard copies of any Pupil Records; (2) Erasing; or (3) Otherwise modifying the personal information in those records to make it unreadable or indecipherable. The duty to dispose of Student Data shall not extend to data that has been de-identified or placed in a separate Student account, pursuant to the other terms of the Agreement.
    9. No Advertising. StoryJumper will not use Student Data to (a) market or advertise to students or families/guardians; (b) inform, influence, or enable marketing or advertising efforts; (c) develop a profile of a student, family member/guardian or group, for any commercial purpose other than providing the Service; or (d) use the Student Data for the development of commercial products or services, other than as necessary to provide the Service to Client. For clarification, the parties agree that StoryJumper communications that include information such as features, details and special opportunities regarding and/or related to product / services that the student is using represents service-related communications and are not marketing or advertising.
    10. Data Security & Breach Notification. StoryJumper will provide data security and breach notification as outlined in it’s Data Security & Breach Statement.
  5. Term & Termination
    1. Term. The term of this Agreement is determined by the EAA, unless there is a material breach of these terms by the EAA.
    2. Termination. EAA may terminate their use of an EA at any time. EAA acknowledges that they have direct control on all Student Data within their EA. Therefore, they may directly delete any / all Student Data within their EA and then request StoryJumper delete the EA. Alternatively, they may request that StoryJumper delete the account, and all information within it, in its entirety. Requests for deletion must be made in writing (email is sufficient) and sent to [email protected].
    3. Data Destruction. All data within an EA will be destroyed upon a request for deletion, as permitted by law. For clarity, data destruction does not extend to Independent Accounts created and held by students and/or their parent/guardian.
  6. Miscellaneous
    1. Notice. All notices or other communication required or permitted to be given hereunder must be in writing and may be given by e-mail transmission. The EAA will maintain an up to date email address in their EA contacts for such purposes.
    2. Entire Agreement. This Agreement, which incorporates our Educational Account Privacy Statement and Data & Security Breach Statement, constitutes the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior communications, representations, or agreements, oral or written, by the parties relating thereto. This Agreement may be amended and the observance of any provision of this Agreement may be waived (either generally or in any particular instance and either retroactively or prospectively) only with the signed written consent of both parties. Neither failure nor delay on the part of any party in exercising any right, power, or privilege hereunder shall operate as a waiver of such right, nor shall any single or partial exercise of any such right, power, or privilege preclude any further exercise thereof or the exercise of any other right, power, or privilege.
    3. Severability. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of the Agreement, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Notwithstanding the foregoing, if such provision could be more narrowly drawn so as not to be prohibited or unenforceable in such jurisdiction while, at the same time, maintaining the intent of the parties, it shall, as to such jurisdiction, be so narrowly drawn without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction
    4. Governing Law: Venue & Jurisdiction. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. EACH PARTY CONSENTS AND SUBMITS TO THE SOLE AND EXCLUSIVE JURISDICTION TO THE STATE IN SAN MATEO, CALIFORNIA (USA) AND FEDERAL COURTS LOCATED IN THE NORTHERN DISTRICT OF CALIFORNIA (USA) COUNTY FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
    5. Modifications of this Agreement. StoryJumper will not change how Student Data is collected, used or shared under this Agreement without advance notice to and consent from the EAA.
EXHIBIT A
DEFINITIONS

De-Identifiable Information (DII): De-Identification refers to the process by which StoryJumper removes or obscures any Personally Identifiable Information (“PII”) from student records in a way that removes or minimizes the risk of disclosure of the identity of the individual and information about them. StoryJumper’s specific steps to de-identify the data will depend on the circumstances and will be appropriate to protect students. Some potential disclosure limitation methods are blurring, masking, and perturbation. De-identification ensures that any information when put together cannot indirectly identify the student, not only from the viewpoint of the public, but also from the vantage of those who are familiar with the individual. Information cannot be de-identified if there are fewer than twenty (20) students in the samples of a particular field or category, i.e., twenty students in a particular grade or less than twenty students with a particular disability.

Personally Identifiable Information (PII): The terms “Personally Identifiable Information” or “PII”shall include, but are not limited to, student data, metadata, and user or some student-generated content obtained by reason of the use of StoryJumper’s software, website, service, whether gathered by StoryJumper or provided by EAA or its users, students, or students’ parents/guardians. PII that may be provided to StoryJumper by an EAA or student user includes, without limitation, the following:

EAA Provided:
First Name
Last Name
Email Address

Optional Student User Provided (under supervision of EAA): This would include Student Generated Content that may include: Photos, Videos, Voice Recordings, Text with Personal Identifiers such as Name

Indirect Identifiers: Any information that, either alone or in aggregate, would allow a reasonable person to be able to identify a student to a reasonable certainty

Information in the Student’s Email

Student Generated Content: The term “student-generated content” means materials or content created by a student during and for the purpose of education including, but not limited to, essays, research reports, portfolios, creative writing, music or other audio files, photographs, videos, and account information that enables ongoing ownership of pupil content.

Student Records: Means both of the following: (1) Any information that directly relates to a student that is maintained by EAA and (2) any information acquired directly from the student through the use of instructional software or applications assigned to the student by the EAA, teacher or other local educational employee.

School Official: For the purposes of this Agreement and pursuant to 34 CFR 99.31 (B), a School Official is a contractor that: (1) performs an institutional service or function for which the agency or institution would otherwise use employees; (2) Is under the direct control of the agency or institution with respect to the use and maintenance of education records; and (3) Is subject to 34 CFR 99.33(a) governing the use and re-disclosure of personally identifiable information from student records.

Student Data: Student Data includes any data, whether gathered by StoryJumper or provided by EAA or EA users, students, or students’ parents/guardians, that is descriptive of the student including, but not limited to, information in the student’s educational record or email, first and last name, home address, telephone number, email address, or other information allowing online contact, discipline records, videos, test results, special education data, juvenile dependency records, grades, evaluations, criminal records, medical records, health records, social security numbers, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious information text messages, documents, student identifies, search activity, photos, voice recordings or geolocation information. Student Data will constitute Student Records for the purposes of this Agreement, and for the purposes of Federal laws and regulations. Student Data does not include information that has been anonymized or de-identified, or anonymous usage data regarding a student’s use of Provider’s services.

Sub-processor: For the purposes of this Agreement, the term “Sub-processor” (sometimes referred to as the “Sub-contractor”) means a party other than EAA or StoryJumper, who StoryJumper uses for data collection, analytics, storage, or other service to operate and/or improve its software, and who has access to PII.

Targeted Advertising: Targeted advertising means presenting an advertisement to a student where the selection of the advertisement is based on student information, student records or student generated content or inferred over time from the usage of the Provider’s website, online service or mobile application by such student or the retention of such student’s online activities or requests over time. For clarity, it does not include information about StoryJumper products or services that may be shared solely based on the content of a web page.

Third Party: The term “Third Party” means an entity that is not the StoryJumper or EAA.

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