Last updated: January 11, 2023
A. This promotional website (the “Site”) is owned by Worcester Polytechnic Institute and operated jointly with The ASSISTments Foundation (collectively “we”), both non-profits.
B. ASSISTments Teacher (the “Platform”) is a free public service tool for teachers and students.
By using the Platform, you agree to the terms and conditions of this Policy. You should take the time to read through this Policy, and if you have any questions, please contact us at the address listed at the end.
We are committed to keeping ASSISTments Teacher free forever. We crowdsource problems and student supports (“Content”) from educators to further the goal of improving educational resources and to make these resources open and publicly available (we use CREATIVE COMMON 3.0 BY-NC as the default license of user created content). Because of our mission and goals, we make the following three commitments. 1. We will never use the Platform for commercial use. 2. We will never advertise on the Platform. 3. We will never sell personally identifiable or non-personally identifiable information to third parties. In the event of a merger, we commit that the successor entity will treat the data in accordance with these three commitments.
If you wish to become a Registered User (Student User, Teacher User) of the Platform, you must provide us with certain information as part of the registration process and some of that information is Personally Identifiable Information. In this Policy, when we use the term "Personally Identifiable Information," which is information capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or that individual's household. We comply with all relevant laws and regulations regarding the collection, use and retention of Personally Identifiable Information. When registering a User who is under 13 years of age, we request and collect Personally Identifiable Information only if we receive prior approval from the child's parent or guardian or are authorized by the child’s school or district. Registered Users for whom we are permitted to collect Personally Identifiable Information are "PII Users."
We will delete all Personally Identifiable Information once the account has been dormant for 2 years. We reserve the right, from time to time, to contact teachers (we never contact students) who have used our site in the past 2 years for various purposes, including without limitation sending updates; surveys; and changes to terms, conditions, and policies.
We may collect certain information automatically when you visit the Platform, such as the browser you are using, the Internet address from which you linked to the Platform, the operating system of your computer, the unique IP address of the computer you used to access the Platform and usage and browsing habits within the Platform. We use this information to administer and improve your experience on the Platform, to help diagnose and troubleshoot potential server malfunctions, to gather broad demographic information and to conduct A/B testing using information gathered from the actions that students take with their accounts. If a Student User enters a class code provided by a Teacher User, then the Teacher User may view information about that student. To help make sure you receive information that is relevant to you, the Platform uses data "cookies." These cookies are small data files stored on your computer that identify you as a previous visitor to the Platform and help us to personalize your experience when you arrive. Most web browsers are set to accept cookies. You can instruct your browser not to accept cookies. However, if you disable this function, you will not be able to use some of the features on the Platform.
We work with third parties who provide services such as data analysis. We use Google Analytics, Amazon Web Services, Cloudfare to prevent denial of service attacks), Hubspot to communicate with non-student stakeholders, Userflow for support, and Mixpannel for usage analytics. We may share Personally Identifiable Information about account holders with these parties solely for the purpose of enabling them to provide these services. We only share with those that have privacy policies entirely consistent with our commitments and our approach to privacy.
Parents or individuals whose PII is collected in the Platform may request to delete personally identifiable data about themselves or their child or children after students are no longer enrolled in classes that utilize ASSISTments or request to review personally identifiable information. Parents may contact us with this request by emailing email@example.com with the email subject line WITHDRAW STUDENT DATA and their child’s login name. ASSISTments will confirm a parent/individual’s request via email within ten (10) business dates and will comply with any request to delete PII within forty-five (45) days of receipt. If you make this request while your child is enrolled in a class using ASSISTments, this may affect the student’s grade. You can sort out the details on a case-by-case basis with your teacher.
Notwithstanding any other provision of this Policy to the contrary, we reserve the right to disclose your Personally Identifiable Information to others as we believe to be appropriate (a) as required by applicable law; (b) to comply with any court order (c) to respond to governmental requests authorized by law; (d) to protect the rights, privacy, safety or property of WPI, you or others; and (e) to permit us to pursue available remedies or limit the damages that we may sustain. For example, we may, to the fullest extent the law allows, disclose Personally Identifiable Information about you to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities.
Additionally, we may aggregate and deidentify Personally Identifiable Information in a manner such that the end product does not personally identify you or any other user of the Platform or Site and cannot be used to reidentify any such person. For example, we might use Personally Identifiable Information to calculate the percentage of our Users who have a particular zip code. Such aggregated and deidentified information is considered Non-Personally Identifiable Information for purposes of this Policy. In addition, Information we gather from your engagement with the instructional offerings in our Services, which information has been anonymized and deidentified, may be shared with faculty, researchers, designers and engineers in order for such faculty, researchers, designers and engineers to continuously improve their work and, in that process, build learning science. The information that is shared with such faculty, researchers, designers and engineers does not and will not include any of your PII. Because Non-Personally Identifiable Information does not personally identify you, we may use or disclose such information for any purpose. After two years of dormancy, user names and all other sensitive information will be removed leaving only de-identified ‘non-personally identifiable information.”
We have implemented software and hardware security measures, such as firewalls, intended to protect your Personally Identifiable Information from unauthorized access. Although we strive to protect your information, we cannot ensure or warrant the security of any information you transmit to us through or in connection with the Platform. Despite our precautions, no system can completely protect against unauthorized access to your Personally Identifiable Information, and your use of the Platform indicates that you are willing to assume this risk. If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us.
In the event of a Security Incident, when PII is compromised, we shall (i) investigate the Security Incident, identify the impact of the Security Incident and take commercially reasonable actions to mitigate the effects of any such Security Incident, (ii) provide notification in a timely manner to Subscriber or individuals affected by the Security Incident, subject to applicable confidentiality obligations and to the extent allowed and/or required by and not prohibited by Applicable Laws or law enforcement.
Except to the extent prohibited by Applicable Laws or law enforcement, ASSISTments shall, upon Users’s written request, provide Users with a description of the Security Incident and the type of data that was the subject of the Security Incident.
Upon written request by a User, which request shall be no more frequently than once per twelve (12) month period, ASSISTments shall respond to security questionnaires provided by the User, with regard to ASSISTments' information security program applicable to the Platform, provided that such information is available in the ordinary course of business for ASSISTments and it is not subject to any restrictions pursuant to ASSISTments’ privacy or data protection or information security-related policies or standards and that disclosure of any such information shall not compromise ASSISTments’ confidentiality obligations and/or legal obligations or privileges. Additionally, in no event shall ASSISTments be required to make any disclosures prohibited by Applicable Laws. All the information provided to Users under this section shall be Confidential Information of ASSISTments and shall be treated as such by the User.
Upon written request by User, which request shall be no more frequently than once per twelve (12) month period, ASSISTments' data security measures may be reviewed by the User through an informal audit of policies and procedures or through an independent auditor’s inspection of security methods used within ASSISTments' infrastructure, storage, and other physical security, any such audit to be at the User’s sole expense and subject to a mutually agreeable confidentiality agreement and at mutually agreeable timing, or, alternatively, ASSISTments may provide the User with a copy of any third party audit that ASSISTments may have commissioned.
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of our Platform that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us via the phone number, contact form or mailing address below at any time
The ASSISTments Project at WPI
Worcester Polytechnic Institute
100 Institute Road
Worcester, MA 01609
We reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. The ASSISTments Foundation (“TAF”) shall have no liability for termination of this Agreement. Upon termination of this Agreement, your right to use the Site shall immediately cease, and you shall destroy all materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.
This Agreement constitutes the entire agreement between TAF and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals, and communications, whether electronic, written, or oral.
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of courts in Worcester County, MA in all disputes arising out of or relating to the use of TAF’s services and materials.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Under California Civil Code Section 1789.3, users of this Site in California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
The Site is solely directed to individuals residing in the United States. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of TAF's services and materials is forbidden in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.