All data transmitted to Kidvation through the website is and will continue to be the property of and under the control of the user or the user’s parent or guardian. Kidvation and user or user’s parent or guardian, further acknowledges and agrees that all copies of such data transmitted to Kidvation, including any modifications or additions or any portion thereof from any source, are subject to the provisions of this Terms of Use in the same manner as the original data. The Parties agree that as between them, all rights, including all intellectual property rights in and to data contemplated per the Terms of Use shall remain the exclusive property of the Kidvation unless a separate agreement is otherwise reached.
Kidvation shall use data only for the purpose of fulfilling its duties and obligations under the Terms of Use and will not share data with or disclose it to any Third Party without the prior written consent of the user or the user’s parent or guardian, except as required by law or to fulfill its duties and obligations under the Terms of Use.
Should a third party, including law enforcement or a government entity, contact Kidvation with a request for data held by Kidvation pursuant to the Terms of Use, Kidvation shall immediately (within 1 business day), and to the extent legally permitted, redirect the third party to request the data directly from the user or user’s parent or guardian, notify the user or user’s parent or guardian of the request, and provide a copy of the request to the user or user’s parent or guardian. Furthermore, if legally permissible, Kidvation shall promptly notify the user or user’s parent or guardian of a subpoena compelling disclosure to a third party and provide a copy of the subpoena with sufficient time for the user or user’s parent or guardian to raise objections to the subpoena. Kidvation will not use, disclose, compile, transfer, or sell the 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 data and/or any portion thereof. Notwithstanding any provision of this terms of use or Agreement to the contrary, Kidvation understands that the user or user’s parent or guardian is subject to and will comply with the law. Kidvation understands and agrees that information, documentation, and other material that may be subject to public disclosure.
User and/or user’s parent or guardian shall take reasonable precautions to secure usernames, passwords, and any other means of gaining access to the services and hosted data.
User and/or user’s parent or guardian shall notify Kidvation promptly of any known unauthorized access. User or user’s parent or guardian will assist Kidvation in any efforts by Kidvation to investigate and respond to any unauthorized access.
All provided data for the purposes of the Terms of Use are in compliance with COPPA and all other applicable privacy statutes cited in this Terms of Use as these laws and regulations apply to the contracted services. The user and/or user’s parent or guardian shall not be required to provide data in violation of applicable laws. Kidvation may not require a user and/or user’s parent or guardian to waive rights under applicable laws in connection with use of the Website.
Kidvation may receive Personally Identifiable Information (“PII”) from the user and/or user’s parent or guardian in the course of fulfilling its duties and obligations under the Terms of Use or operating the Website. Kidvation shall comply with all applicable State and Federal laws and regulations pertaining to data privacy and security including COPPA and all other privacy statutes cited in this Terms of Use.
Kidvation shall require all employees and agents who have access to data to comply with all applicable provisions of this Terms of Use with respect to the data shared under through the website. Kidvation agrees to require and maintain an appropriate confidentiality agreement from each employee or agent with access to data pursuant to the Terms of Use.
Kidvation is prohibited from using or selling data to (a) market or advertise to students or families/guardians; (b) inform, influence, or enable marketing, advertising, or other commercial efforts by a Kidvation; (c) develop a profile of a student, family member/guardian or group, for any commercial purpose other than providing the services listed on the Website; or (d) use the data for the development of commercial products or services, other than as necessary to provide the services listed on the Website.
Kidvation shall make data in the possession of the Kidvation available to the user and/or user’s parent or guardian within five (5) business days of a request by the user and/or user’s parent or guardian.
Kidvation agrees to abide by and maintain adequate data security measures, consistent with industry standards and technology best practices, to protect data from unauthorized disclosure or acquisition by an unauthorized person. The general security duties of Kidvation are set forth below. These measures shall include, but are not limited to: