diff --git a/ca-privacy-rights.md b/ca-privacy-rights.md index e19b56d..8bfbd92 100644 --- a/ca-privacy-rights.md +++ b/ca-privacy-rights.md @@ -1,14 +1,13 @@ # California Privacy Rights Statement -This California Privacy Rights Statement (this “**Statement**”) explains how Desmos, Inc. ("**Desmos**," "**we**," "**us**," or "**our**") collect, use, and share Personal Information of California residents in our capacity as a “business” under the California Consumer Privacy Act of 2018 (CCPA). This Statement also explains California residents’ rights under the CCPA and California Civil Code section 1798.83 (the "**Shine the Light law**”). +This California Privacy Rights Statement (this **“Statement”**) explains how Desmos Studio PBC (**“Desmos”**, **“we”**, **“us”**, and **“our”**) collect, use, and share Personal Information of California residents in our capacity as a “business” under the California Consumer Privacy Act of 2018 (CCPA). This Statement also explains California residents’ rights under the CCPA, CPRA and California Civil Code section 1798.83 (the **“Shine the Light law”**). ## Scope -For purposes of this Statement, unless a different definition is noted, "Personal Information" has the definition given in the CCPA. However, this Statement does not apply to: +For purposes of this Statement, unless a different definition is noted, “Personal Information” has the definition given in the CCPA. However, this Statement does not apply to: -- Information exempted from the scope of the CCPA; -- Personal Information we collect from individuals acting in their capacities as representatives of organizations solely in the context of conducting due diligence regarding, or providing or receiving a product or service to or from, such organizations; or -- Personal Information we collect, use, and share on behalf of our customers (including Schools) as a "service provider" under the CCPA for purposes of providing our services to them. +- Information exempted from the scope of the CCPA and CPRA; or +- Personal Information we collect, use, and share on behalf of our customers (including Schools) as a “service provider” under the CCPA for purposes of providing our services to them. ## Your California Privacy Rights under the CCPA @@ -62,4 +61,4 @@ Under California’s Shine the Light law, you may also ask companies with whom y In addition, although we do our best to honor the privacy preferences of our visitors, our Services do not respond to Do Not Track signals which can be sent from certain browsers at this time. -This document was last modified on November 1, 2021. +This document was last modified on August 22, 2023. diff --git a/cookie-policy.md b/cookie-policy.md index 9757344..a962bc7 100644 --- a/cookie-policy.md +++ b/cookie-policy.md @@ -1,8 +1,8 @@ # Cookie Policy -Last updated on November 1, 2021. +Last updated on August 22, 2023. -This Cookie Policy explains how Desmos, Inc. (“Desmos", “we", “us", and “our") uses cookies and similar technologies to recognize you when you visit our websites at desmos.com (“Websites"). It explains what these technologies are and why we use them, as well as your rights to control our use of them. +This Cookie Policy explains how Desmos Studio PBC (**“Desmos”**, **“we”**, **“us”**, and **“our”**) uses cookies and similar technologies to recognize you when you visit our websites at desmos.com (**“Websites”**). It explains what these technologies are and why we use them, as well as your rights to control our use of them. In some cases we may use cookies to collect personal information, or information that becomes personal information if we combine it with other information. @@ -32,8 +32,7 @@ These cookies are strictly necessary to provide you with services available thro | _**Cookie**_ | _**Duration**_ | _**Description**_ | | ------------------------ | --------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -| sid.prod2 | 30 days | Desmos uses this cookie to remember your identity when you are logged in so that you can make requests; e.g., to save a resource or to load a resource that you have saved. | -| crumb | Session (expires when you quit browser) | Issued by [Squarespace](https://support.squarespace.com/hc/en-us/articles/360001264507-The-cookies-Squarespace-uses) on learn.desmos.com to prevent cross-site request forgery (CSRF). | +| sid.prod2 | Session (expires when you quit browser) | Desmos uses this cookie to remember your identity when you are logged in so that you can make requests; e.g., to save a resource or to load a resource that you have saved. | | \_\_cf_bm | 30 minutes | Visitors to help.desmos.com receive this cookie via [Zendesk](https://www.zendesk.com/company/policies-procedures/cookie-policy/) that is set by Cloudflare and is necessary to support Cloudflare Bot Management which helps manage incoming traffic that matches criteria associated with bots. | | \_\_cfruid | Session (expires when you quit browser) | Visitors to help.desmos.com receive this cookie via [Zendesk](https://www.zendesk.com/company/policies-procedures/cookie-policy/) that is set by Cloudflare and used in cases were multiple users are hidden behind the same client IP address. Each user will have a unique cookie to help prevent a case of rate limiting all users if one particular user hits the rate limit threshold. | | \_zendesk_session | 8 hours | Visitors to help.desmos.com receive this cookie from [Zendesk](https://www.zendesk.com/company/policies-procedures/cookie-policy/) that is used to hold session information. | @@ -49,16 +48,11 @@ These cookies are used to enhance the performance and functionality of our Websi These cookies collect information that is used either in aggregate form to help us understand how our Websites are being used or how effective our marketing campaigns are, or to help us customize our Websites for you. -| _**Cookie**_ | _**Duration**_ | _**Description**_ | -| ------------ | -------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -| ss_cpvisit | 2 years | Issued by [Squarespace](https://support.squarespace.com/hc/en-us/articles/360001264507-The-cookies-Squarespace-uses) to identify unique visitors and track a visitor’s sessions on learn.desmos.com | -| ss_cvisit | 30 minutes | Issued by [Squarespace](https://support.squarespace.com/hc/en-us/articles/360001264507-The-cookies-Squarespace-uses) to identify unique visitors and track a visitor’s sessions on a learn.desmos.com | -| ss_cid | 2 years | Issued by [Squarespace](https://support.squarespace.com/hc/en-us/articles/360001264507-The-cookies-Squarespace-uses) to identify unique visitors and track a visitor’s sessions on learn.desmos.com | -| ss_cvr | 2 years | Issued by [Squarespace](https://support.squarespace.com/hc/en-us/articles/360001264507-The-cookies-Squarespace-uses) to identify unique visitors and track a visitor’s sessions on learn.desmos.com | -| ss_cvt | 30 minutes | Issued by [Squarespace](https://support.squarespace.com/hc/en-us/articles/360001264507-The-cookies-Squarespace-uses) to identify unique visitors and track a visitor’s sessions on learn.desmos.com | -| \_ga | 2 years | First party cookie used by [Google Analytics](https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage) to distinguish users on both (i) learn.desmos.com, (ii) help.desmos.com, and (iii) pontoon.desmos.com | -| \_gat | 1 minute | First party cookie used by [Google Analytics](https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage) and used to throttle the request rate on both (i) learn.desmos.com and (ii) help.desmos.com | -| \_gid | 24 hours | First party cookie used by [Google Analytics](https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage) to distinguish users on both (i) learn.desmos.com, (ii) help.desmos.com, and (iii) pontoon.desmos.com. | +| _**Cookie**_ | _**Duration**_ | _**Description**_ | +| ------------ | -------------- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | +| \_ga | 2 years | First party cookie used by [Google Analytics](https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage) to distinguish users on help.desmos.com | +| \_gat | 1 minute | First party cookie used by [Google Analytics](https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage) and used to throttle the request rate on help.desmos.com | +| \_gid | 24 hours | First party cookie used by [Google Analytics](https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage) to distinguish users on help.desmos.com | ## Advertising cookies: @@ -70,14 +64,14 @@ These cookies are used to make advertising messages more relevant to you. They p This Cookie Policy may be revised periodically and this will be reflected in the “date last modified” set forth below. Your continued use of the Desmos Services following such an update constitutes your agreement to the revised Privacy Policy. You can see the history of the changes to this Privacy Policy in a public github repository at [https://github.com/desmosinc/policies](https://github.com/desmosinc/policies). -This Cookie Policy was last modified on November 1, 2021. +This Cookie Policy was last modified on August 22, 2023. ## Where can I get further information? Please feel free to contact us with any questions or comments about this Cookie Policy,as follows:
-Desmos, Inc.
+Desmos Studio PBC
 ATTN: Privacy Agent
 9450 SW Gemini Dr
 PMB 49136
diff --git a/faqs.md b/faqs.md
index 918d38b..98f0333 100644
--- a/faqs.md
+++ b/faqs.md
@@ -1,94 +1,101 @@
 # Privacy and Student Data FAQs
 
-Desmos’ services are designed for use by higher-ed students, K-12 students, teachers, professors, parents, math enthusiasts, video game designers, data scientists, and more. The goal of this page is to respond to frequently asked questions about our policies regarding privacy, student work, advertising, and various laws and regulations like COPPA, FERPA and GDPR. Please note that this is just an overview, and that usage of our services is governed by our [Terms of Service](/terms), our [Privacy Policy](/privacy), our [Student Data Privacy Statement](/studentdata), and, if executed by your school and Desmos, our [School Data Processing Addendum](/privacy#contact-us).
+Desmos Studio PBC’s (**“Desmos”**, **“we”**, **“us”**, and **“our”**) services are designed for use by higher-ed students, K-12 students, teachers, professors, parents, math enthusiasts, video game designers, data scientists, and more. The goal of this page is to respond to frequently asked questions about our policies regarding privacy, student work, advertising, and various laws and regulations like COPPA, FERPA and GDPR. Please note that this is just an overview, and that usage of our services is governed by our [Terms of Service](/terms), our [Privacy Policy](/privacy), our [Student Data Privacy Statement](/studentdata), and, if executed by your school and Desmos Studio PBC, our [School Data Processing Addendum](/privacy#contact-us).
 
-We expect our different services will be used in very different ways, so our policies differ from service to service. For the rest of this document, we will talk about the following services:
+## Q. What are the “Desmos Tools” covered in this document?
 
-“**Desmos Tools**”: which include our tools on www.desmos.com, including the [Graphing Calculator](/calculator), [Scientific Calculator](/scientific), [Four Function Calculator](/fourfunction), [Geometry Tool](/geometry), and future standalone tools to come. This term also includes any apps associated with those tools, including (i) the Desmos Graphing application, available on Android and iOS; (ii) the Desmos Scientific Calculator application, available on Android and iOS; and (iii) the Desmos Test Mode application, available on iOS for iPads.
+A. **“Desmos Tools”** covers the math tools built and maintained by Desmos Studio PBC: the [Graphing Calculator](/calculator), [Scientific Calculator](/scientific), [Four Function Calculator](/fourfunction), [Geometry Tool](/geometry), [Desmos Matrix Calculator](/matrix) and future standalone tools to come. This term also includes any apps associated with those tools, including (i) the Desmos Graphing Calculator Calculator application, available on Android and iOS; (ii) the Desmos Scientific Calculator application, available on Android and iOS; and (iii) the Desmos Test Mode application, available on iOS for iPads.
 
-“**Desmos Classroom**”: which includes all our services (i) on [https://teacher.desmos.com](https://teacher.desmos.com) (“teacher.desmos.com”) including those for creating and assigning activities (“Activities”) and the Desmos provided curriculum available at [www.desmos.com/curriculum](https://desmos.com/curriculum) (the “Desmos Math Curriculum”), and (ii) on [https://student.desmos.com](https://student.desmos.com) (“student.desmos.com”), specifically, those for the use of activities or curricula as directed by an instructor on teacher.desmos.com.
+**Note: Desmos Studio PBC does not own or operate the services collectively referred to as Desmos Classroom.** Desmos Classroom is owned and operated by Amplify Education, Inc. (**“Amplify”**). You can learn more about Amplify’s acquisition of Desmos Classroom and related business [here](https://amplify.com/news/amplify-acquires-desmos-curriculum-to-build-the-future-of-math-instruction-desmos-calculators-to-remain-independent-and-free-to-all/). **“Desmos Classroom”** includes all the services (i) on [teacher.desmos.com](https://teacher.desmos.com/) (**“teacher.desmos.com”**) including those for creating and assigning activities (**“Activities”**) and the curriculum available at [https://amplify.com/desmos-math](https://amplify.com/desmos-math) (**“Desmos Math 6-A1”**), and (ii) on [student.desmos.com](https://student.desmos.com/) (**“student.desmos.com”**), specifically, those for the use of activities or curricula as directed by an instructor on teacher.desmos.com. This FAQ does not govern use of Amplify’s Desmos Classroom. Please see Amplify’s documentation [here](https://amplify.com/customer-privacy) for information about use of Desmos Classroom.
 
 ## Q. How is your service free? Are you making money from advertising?
 
-A. No!
-Desmos’s business model is built around two lines of business: (1) paid partnerships with publishers, assessment companies, and educational institutions (Interested? Check out [www.desmos.com/partners](/partners)), and (2) our premium Desmos Math Curriculum (Interested? Check out [www.desmos.com/curriculum](/curriculum)). We will never profit from third-party advertising to students or selling personal data about students. Specifically, we pledge that:
+A. No! Desmos’s business model is built around paid partnerships with publishers, assessment companies, educational institutions and other commercial partners (Interested? Check out [www.desmos.com/partners](/partners)). We will never profit from third-party advertising to students or selling personal data about students. Specifically, we pledge that:
 
-- We will never allow third-party advertising on our student-facing websites or apps (both **Desmos Tools** and **student.desmos.com**).
-- We will never sell personal data collected on our student-facing websites or apps (both **Desmos Tools** and **student.desmos.com**), or authorize third parties to collect data to be used for targeted advertising on Desmos or anywhere else.
+- We will never allow third-party advertising on our student-facing websites or apps.
+- We will never sell personal data collected on our student-facing websites or apps, or authorize third parties to collect data to be used for targeted advertising on Desmos’s products.
 
 These promises will live on, even in the case that we’re purchased or go bankrupt.
 
-## Q. Can I use the Desmos Tools and Activities on my digital learning platform, if I’m providing a class as part of a commercial platform or if I am creating tuition-based asynchronous classes?
+## Q. Can I use and promote Desmos tools?
 
-Desmos often allows individual instructors to use Desmos Tools and Activities in connection with (i) instruction via a commercial platform and (ii) tuition-based asynchronous classes, but requires advance written (including via email) permission from Desmos for each such use. In addition to seeking permission, the instructor should provide attribution to Desmos within the course materials.
+A. Yes! You are always welcome to use images created with the Desmos Tools personally or professionally, with the following caveats:
 
-If a commercial instructional entity, company, or provider is interested in permission to use Desmos across their entire digital platform, or across curricula taught by the entity’s entire teaching faculty of said curricula, then a formal licensing agreement with Desmos is required.
+**Always include attribution.** If you are using images created with a Desmos Tool in a screenshot or in a video, please include attribution. Learn more by reaching out to us at [partnerships@desmos.com](mailto:partnerships@desmos.com) with your plans and we’ll share the attribution guidance.
 
-Please email [partnerships@desmos.com](mailto:partnerships@desmos.com) with any questions and permission requests.
+**Do not imply official partnership or endorsement.** Unless you have a formal agreement with us, please do not imply a formal partnership or endorsement from Desmos Studio PBC. If you want to partner with us, you can find us at [partnerships@desmos.com](mailto:partnerships@desmos.com).
+
+**Please do not frame or mirror the Desmos tools** without our prior consent.
+
+**Reach out if you want to integrate our APIs.** If you’d like to integrate Desmos Tools into your product (rather than linking out, taking screenshots, or including us in videos), you should look into our [API](/api). Use of our API requires a license but makes it possible to get the full power of Desmos Tools inside of your product. Reach out to us at [partnerships@desmos.com](mailto:partnerships@desmos.com) to join our many partners.
+
+If you’re not sure about your use case, always reach out to [partnerships@desmos.com](mailto:partnerships@desmos.com). We love hearing from you!
 
 ## Q. Do you comply with COPPA?
 
-A. Yes.
-The Children’s Online Privacy Protection Act (COPPA) is a United States federal law designed to protect the privacy of children under 13 years of age.
+A. Yes. The Children’s Online Privacy Protection Act (COPPA) is a United States federal law designed to protect the privacy of children under 13 years of age.
 
-First, neither our services at **teacher.desmos.com** nor our **Desmos Tools** are directed at children under 13, with the sole exception of the Desmos Four Function and Scientific Calculators (which do not collect personal data). We do not intend for children under 13 to use those services. If you believe that we have accidentally collected personal information from a child under 13 without the consent of a parent, guardian, or school, let us know at [privacy@desmos.com](mailto:privacy@desmos.com) and we will remove that information as soon as possible.
+The web-based versions of the [Desmos Four Function Calculator](/fourfunction), and [Desmos Scientific Calculator](/scientific), [Desmos Matrix Calculator](/matrix) (the **“Simple Desmos Tools”**) may be used by any person, including children under 13, because the Simple Desmos Tools do not collect personal information.
 
-Our service at **student.desmos.com** is intended for use by students, including students over or under the age of 13. Usage requires an invitation code provided by a teacher. Schools and/or teachers are expected to have appropriate permissions before directing any student to use Desmos, including students under 13. Once a school or teacher has provided consent for Desmos to collect a student’s personal information, Desmos protects that student’s privacy as required by COPPA. Please see our [Student Data Privacy Statement](/studentdata) for more details.
+The [Desmos Graphing Calculator](/calculator), [Desmos Geometry Tool](/geometry), future standalone tools to come, and any apps associated with the Desmos Tools (together, the **“Advanced Desmos Tools”**) are not directed at children under 13. We do not intend for children under 13 (or other applicable age of digital consent in the child’s jurisdiction) to use the Advanced Desmos Tools unless we have directly received parental consent or the child’s teacher and/or school has received parental consent on our behalf. If you believe that we have accidentally collected personal information from a child under 13 (or other applicable age of digital consent in the child’s jurisdiction) without parental consent, let us know at [privacy@desmos.com](mailto:privacy@desmos.com) and we will remove that information as soon as possible.
 
-We do intend for our Four Function and Scientific Calculators to be used by people and students of any age. The Four Function and Scientific Calculators do not collect personal data.
+Schools and/or teachers are expected to have appropriate permissions before directing any student to use Advanced Desmos Tools, including for students under 13. Please see our [Student Data Privacy Statement](/studentdata) for more details.
+
+We intend for the web based versions of our [Desmos Four Function](/fourfunction) and [Desmos Scientific Calculators](/scientific) to be used by people and students of any age. The [Desmos Four Function](/fourfunction) and [Desmos Scientific Calculators](/scientific) do not collect personal data.
 
 ## Q. Do you comply with FERPA?
 
 A. The Family Education Rights and Privacy Act (FERPA), is a federal law that protects the privacy of student educational records. Unlike COPPA, which applies to all online operators, FERPA regulates an educational institution’s use of student data. Here is how our product policies can help those institutions meet their obligations under FERPA.
 
-We expect only teachers, not students, to use **teacher.desmos.com** for creating and running activities and using curricula in connection with **Desmos Classroom**.
+If a school, district or other educational institution would like to use any **Advanced Desmos Tools** at the direction of a teacher as part of an assignment, we recommend entering into a data processing agreement with Desmos to aid with FERPA compliance. Please email us at [privacy@desmos.com](mailto:privacy@desmos.com) to for more information. We have data processing agreements with many schools, school districts and other educational institutions across several states and are happy to work with your school to get an agreement in place.
+
+In addition to arranging a data processing agreement with Desmos, if a teacher would like to use Desmos Tools as part of an assignment, the teacher should instruct students to create Desmos accounts using email addresses from a domain owned by the school, district or education institution. This will allow the school, district or other educational institution to access and delete student data and/or accounts and to exercise FERPA rights in accordance with the data processing agreement. Parents and students may have rights under FERPA to access student work created in connection with school assignments.
 
-Our **Desmos Tools** are intended for individual usage. We don’t know when any of these tools is used at the direction of a teacher as part of an assignment, so we can’t be helpful with FERPA compliance. For this reason, teachers and schools should only use **Desmos Classroom** (teacher.desmos.com and student.desmos.com) for collecting academic assignments.
+Please see our [Student Data Privacy Statement](/studentdata) for more details.
 
-We assume that all work in **student.desmos.com** has been assigned by a teacher or school for academic purposes. We don’t own any personal information collected through **student.desmos.com** – that is controlled by the teacher and school. Parents and students have rights under FERPA to access that work. Note that only the relevant teacher, school, parent or the student can ask Desmos to delete work done on student.desmos.com. Note further that if an account on teacher.desmos.com is deleted, student work associated with any activities that the teacher ran will be deleted as a result, even for students who still have an account. Please see our [Student Data Privacy Statement](/studentdata) for more details.
+## Q. Do you comply with GDPR?
 
-## Q. Does Desmos comply with GDPR?
+A. Yes. If you are a resident of the United Kingdom, Iceland, Liechtenstein, or Norway, or a member state of the European Union, you may have additional rights under the General Data Protection Regulation or GDPR (the **“GDPR”**) with respect to your personal data.
 
-A. Yes. If you are a resident of the United Kingdom, Iceland, Liechtenstein, or Norway, or a member state of the European Union, you may have additional rights under the General Data Protection Regulation or GDPR (the “**GDPR**”) with respect to your personal data.
+Depending on how and which Desmos services you access, either Desmos or your district or other educational institution may be the “controller” of your Personal Data processed in connection with the services for purposes of the GDPR.
 
-Depending on how and which Desmos services you access, either Desmos or your school may be the “controller” of your Personal Data processed in connection with the services for purposes of the GDPR.
+If you are using **Desmos Tools** in connection with a school, district or other educational institution assignment that has a Data Processing Addendum with Desmos, the school, district or other educational institution is the “controller” of personal data processed in connection with the services for purposes of the GDPR.
 
-- If you are using **Desmos Classroom Activities**, your school is the “controller” of personal data processed in connection with the services for purposes of the GDPR.
-- If you are using **Desmos Tools**, Desmos is the “controller” of personal data processed in connection with the services for purposes of the GDPR.
+If you are using **Desmos Tools**, on an individual basis, then Desmos is the “controller” of personal data processed in connection with the services for purposes of the GDPR.
 
 If your school is acting as the controller of your personal data, please first contact your school to exercise your rights under the GDPR with respect to such personal data.
 
-If we are acting as the controller of your personal data, please feel free to [contact us](/privacy#contact-us) to exercise your rights with respect under the GDPR to your personal data.
+If we are acting as the controller of your personal data, please feel free to contact us to exercise your rights with respect under the GDPR to your personal data.
 
-In accordance with [Article 27 of the GDPR](https://gdpr.eu/article-27-representatives-of-controllers-not-in-union/), we have appointed EDPO as our representative. You can contact EDPOas follows:
+In accordance with [Article 27 of the GDPR](https://gdpr.eu/article-27-representatives-of-controllers-not-in-union/), we have appointed EDPO as our representative. You can contact EDPO as follows:
 
 **General Data Protection Regulation (GDPR) – European Representative**
 
-Pursuant to Article 27 of the General Data Protection Regulation (GDPR), Desmos, Inc. has appointed European Data Protection Office (EDPO) as its GDPR Representative in the EU. You can contact EDPO regarding matters pertaining to the GDPR:
+Pursuant to Article 27 of the General Data Protection Regulation (GDPR), Desmos Studio PBC has appointed European Data Protection Office (EDPO) as its GDPR Representative in the EU. You can contact EDPO regarding matters pertaining to the GDPR:
 
 - by using EDPO’s online request form: [https://edpo.com/gdpr-data-request/](https://edpo.com/gdpr-data-request/)
 - by writing to EDPO at Avenue Huart Hamoir 71, 1030 Brussels, Belgium
 
 **UK General Data Protection Regulation (GDPR) - UK Representative**
 
-Pursuant to Article 27 of the UK GDPR, Desmos, Inc. has appointed EDPO UK Ltd as its UK GDPR representative in the UK. You can contact EDPO UK regarding matters pertaining to the UK GDPR:
+Pursuant to Article 27 of the UK GDPR, Desmos Studio PBC has appointed EDPO UK Ltd as its UK GDPR representative in the UK. You can contact EDPO UK regarding matters pertaining to the UK GDPR:
 
 - by using EDPO’s online request form: [https://edpo.com/uk-gdpr-data-request/](https://edpo.com/uk-gdpr-data-request/)
 - by writing to EDPO UK at 8 Northumberland Avenue, London WC2N 5BY, United Kingdom
 
-Additionally, as required by GDPR, Desmos has SCCs with our subcontractors who process Personal Data.
+Additionally, as required by GDPR, Desmos has Standard Contractual Clauses (**“SCCs”**) with our subcontractors who process Personal Data.
 
 ## Q. Can I ask Desmos to sign a Data Processing Agreement with my school located in Europe?
 
-A. Yes. We offer data processing addendums (“**DPAs**”) with attached Standard Contractual Clauses (“**SCCs**”) for schools that operate in the United Kingdom or European Economic Area.
+A. Yes. We offer data processing addendums (**“DPAs”**) with attached SCCs for schools that operate in the United Kingdom or European Economic Area.
 
 Our DPA supplements our Terms of Service and Privacy Policy, and contains contractual terms that address the GDPR's requirements for data processing agreements between controllers and processors, including with respect to personal data transfer, and that reflect our data privacy and security commitments.
 
-You can review our standard, template DPA with attached SCCs [here](https://desmos.com/privacy-pdfs/Desmos_DPA_and_SCC_2021-06-17_v3.pdf). If you represent a school and would like to enter into that DPA (and attached SCCs) with us, please send an email to [privacy-gdpr@desmos.com](mailto:privacy-gdpr@desmos.com), with the following information about the school: (i) name, (ii) address, (iii) telephone number, (iv) signatory name, (v) signatory title, and (vi) signatory email address, and (vii) teacher.desmos.com account usernames. We will then send the school’s signatory a copy of the DPA for electronic signatures via DocuSign or equivalent.
+You can review our standard, template DPA with attached SCCs [here](https://www.desmos.com/privacy-pdfs/Desmos_DPA_and_SCC_2023-03-28_v5.pdf). If you represent a school and would like to enter into that DPA (and attached SCCs) with us, please send an email to [privacy-gdpr@desmos.com](mailto:privacy-gdpr@desmos.com), with the following information about the school: (i) name, (ii) address, (iii) telephone number, (iv) signatory name, (v) signatory title, and (vi) signatory email address, and (vii) domain name for staff and student account email address usernames. We will then send the school’s signatory a copy of the DPA for electronic signatures.
 
 ## Q. Does Desmos have a Student Data Privacy Agreement with my school in the United States?
 
-A. We have data privacy agreements with many school districts across several states and are happy to work with your school to get an agreement in place. Please email us at [privacy@desmos.com](mailto:privacy@desmos.com) for more information.
+A. We have data privacy agreements with many schools, districts and other educational institutions across several states and are happy to work with your educational institution to get an agreement in place. Please email us at [privacy@desmos.com](mailto:privacy@desmos.com) for more information.
 
 ## Q. Is Desmos compliant with NY State Education Law 2-D?
 
@@ -96,11 +103,11 @@ A. Yes. Education Law 2-D is a New York state law designed to protect the person
 
 ## Q. Is Desmos compliant with the California Consumer Privacy Act (CCPA)?
 
-A. Yes, may review the details of Desmos’ compliance in our [California Privacy Rights Statement](/caprivacy).
+A. Yes, you may review the details of Desmos’ compliance in our [California Privacy Rights Statement](/caprivacy).
 
 ## Q. Does Desmos use or collect Cookies?
 
-A. Yes, but we work incredibly hard to only collect what is necessary to maintain a consistent experience. For example, Desmos.com uses cookies to enable persistence when you are signed in. In addition, on subdomains help.desmos.com, learn.desmos.com, and pontoon.desmos.com, third party service providers use cookies for functionality and for analytics. Where possible, we have minimized what cookies are collected by those third party service providers. For more information, please review the [Desmos Cookie Policy](/cookiepolicy).
+A. Yes, but we work incredibly hard to only collect what is necessary to maintain a consistent experience. For example, Desmos.com uses cookies to enable persistence when you are signed in. In addition, on subdomains help.desmos.com, third party service providers use cookies for functionality and for analytics. Where possible, we have minimized what cookies are collected by those third party service providers. For more information, please review the [Desmos Cookie Policy](/cookiepolicy).
 
 ## Q. How do you protect the privacy of student data you share with third parties?
 
@@ -116,7 +123,7 @@ A. We make it easy to see any changes we make to our policies. We host our Terms
 
 As a result, you can see both the current version of each document and a complete history of changes. In addition, we will prominently post a notice on our websites if we make any major changes to any of these policy documents. We will not necessarily notify you for small changes (e.g. modifications to the list of Third Party Services). However, you can subscribe to notifications from the github repository if you’re interested in being updated on every change. ([Instructions](https://help.github.com/articles/watching-repositories/).)
 
-These FAQs were last updated on May 24, 2023.
+These FAQs were last updated August 22, 2023.
 
 ## Q. What if I have other questions?
 
diff --git a/privacy-policy.md b/privacy-policy.md
index 4daff5f..fffa416 100644
--- a/privacy-policy.md
+++ b/privacy-policy.md
@@ -2,7 +2,7 @@
 
 
Summary: We are committed to protecting your privacy as described in this Privacy Policy.
-Desmos, Inc. (“**we**” or “**Desmos**”) is committed to protecting your privacy. This Privacy Policy describes our collection and use of personal information collected from visitors to our website and our mobile application(s) (collectively, our “**Service**”), including the Services offered at desmos.com, our mobile apps and any other website, app, or online service which links to this Privacy Policy. "**You**" or “**your**” means a visitor or a user (whether logged in or not) of our Service. +Desmos Studio PBC (**“Desmos”**, **“we”**, **“us”**, and **“our”**) is committed to protecting your privacy. This Privacy Policy describes our collection and use of personal information collected from visitors to our website and our mobile application(s) (collectively, our **“Services”**), including the Services offered at desmos.com, our mobile apps and any other website, app, or online service which links to this Privacy Policy. **“You”** or **“your”** means a visitor or a user (whether logged in or not) of our Service. This Privacy Policy is incorporated into and is subject to our [Terms of Service](/terms), which governs your use of the Services. @@ -25,39 +25,38 @@ Click on the links below to jump to a subsection of this Privacy Policy.
Summary: Our various Services collect and process information in different ways. We define each Service below to help you understand how each Service may collect and use information from or about you as further described in this Privacy Policy.
-Our Services include: +Our Services include the following **“Desmos Tools”**: -“**Desmos Tools**”: which include our tools on www.desmos.com, including the [Graphing Calculator](/calculator), [Scientific Calculator](/scientific), [Four Function Calculator](/fourfunction), [Geometry Tool](/geometry), and future standalone tools to come. This term also includes any apps associated with those tools, including (i) the Desmos Graphing application, available on Android and iOS; (ii) the Desmos Scientific Calculator application, available on Android and iOS; and (iii) the Desmos Test Mode application, available on iOS for iPads. +- Web-based versions of the [Desmos Scientific Calculator](/scientific), [Desmos Four Function Calculator](/fourfunction), and [Desmos Matrix Calculator](/matrix) (the **“Simple Desmos Tools”**); and +- The web-based [Desmos Graphing Calculator](/calculator), [Desmos Geometry Tool](/geometry), future standalone tools to come, and any apps associated with the foregoing, including (i) the Desmos Graphing application, available on Android and iOS; (ii) the Desmos Scientific Calculator application, available on Android and iOS; and (iii) the Desmos Test Mode application, available on iOS for iPads (together, the **“Advanced Desmos Tools”**). -“**Desmos Classroom**”: which includes all our services (i) on [https://teacher.desmos.com](https://teacher.desmos.com) (“teacher.desmos.com”) including those for creating and assigning activities (“Activities”) and the Desmos provided curriculum available at [www.desmos.com/curriculum](https://desmos.com/curriculum) (the “Desmos Math Curriculum”), and (ii) on [https://student.desmos.com](https://student.desmos.com) (“student.desmos.com”), specifically, those for the use of activities or curricula as directed by an instructor on teacher.desmos.com. +**Desmos does not own or operate the services collectively referred to as Desmos Classroom.** As of May 18th, 2022, Desmos Classroom is owned and operated by Amplify Education, Inc. (**“Amplify”**). You can learn more about Amplify’s acquisition of Desmos Classroom and related business [here](https://amplify.com/news/amplify-acquires-desmos-curriculum-to-build-the-future-of-math-instruction-desmos-calculators-to-remain-independent-and-free-to-all/). **“Desmos Classroom”** includes all the services (i) on [teacher.desmos.com](https://teacher.desmos.com/) (**“teacher.desmos.com”**) including those for creating and assigning activities (**“Activities”**) and the curriculum available at [https://amplify.com/desmos-math](https://amplify.com/desmos-math) (**“Desmos Math 6-A1”**), and (ii) on [student.desmos.com](https://student.desmos.com/) (**“student.desmos.com”**), specifically, those for the use of activities or curricula as directed by an instructor on teacher.desmos.com. This FAQ does not govern use of Amplify’s Desmos Classroom. Please see Amplify’s documentation [here](https://amplify.com/customer-privacy) for information about use of Desmos Classroom.

2. Student Data

-
Summary: If you or your School provides us with Student Data via Desmos Classroom, your School is acting as the data controller for the Student Data, and our processing of such Student Data is governed by our agreements with your School. Such agreements may impose greater obligations on Desmos than described in this Privacy Policy.
+
Summary: If you or your School provides us with Student Data in connection with the Advanced Desmos Tools, your School is acting as the data controller for the Student Data, and our processing of such Student Data is governed by our agreements with your School. Such agreements may impose greater obligations on Desmos than described in this Privacy Policy.
-Our Desmos Classroom services may be used by third party providers of educational services, such as schools, school districts, school systems, teachers or other instructors (collectively referred to as "**Schools**"). +Our Advanced Desmos Tools may be used by third party providers of educational services, such as schools, school districts, school systems, teachers or other instructors (collectively referred to as **“Schools”**). -When Desmos contracts with a School to provide a Service through student.desmos.com to students of the School (“**Students**”), we may have access to Student Data (defined below). We consider Student Data to be highly confidential and our processing of Student Data is governed by our Student Data Privacy Statement, our Terms of Service and/or our written agreements with the applicable School. +When Desmos contracts with a School to provide Services including Advanced Desmos Tools to students of the School (**“Students”**), we may have access to Student Data (defined below). We consider Student Data to be highly confidential and our processing of Student Data is governed by our Student Data Privacy Statement, our Terms of Service and/or our written agreements with the applicable School. -Please see our [Student Data Privacy Statement](/studentdata) for additional information about how we collect and use Student Data gathered during the provision of the Desmos Service to Schools. +Please see our [Student Data Privacy Statement](/studentdata) for additional information about how we collect and use Student Data gathered during the provision of the Service to Schools. -If you represent a School in the United Kingdom or European Economic Area, you can review our standard, template DPA with attached SCCs [here](https://desmos.com/privacy-pdfs/Desmos_DPA_and_SCC_2021-06-17_v3.pdf). If the School would like to enter into that DPA (and attached SCCs) with us, please send an email to [privacy-gdpr@desmos.com](mailto:privacy-gdpr@desmos.com), with the following information about the school: (i) name, (ii) address, (iii) telephone number, (iv) signatory name, (v) signatory title, and (vi) signatory email address, and (vii) teacher.desmos.com account usernames. We will then send the school’s signatory a copy of the DPA for electronic signatures via DocuSign or equivalent, and arrange for signature by Desmos’ authorized representative. +If you represent a School in the United Kingdom or European Economic Area, you can review our standard, template DPA with attached SCCs [here](https://www.desmos.com/privacy-pdfs/Desmos_DPA_and_SCC_2023-03-28_v5.pdf). If the School would like to enter into that DPA (and attached SCCs) with us, please send an email to [privacy-gdpr@desmos.com](mailto:privacy-gdpr@desmos.com), with the following information about the school: (i) name, (ii) address, (iii) telephone number, (iv) signatory name, (v) signatory title, and (vi) signatory email address, and (vii) domain name for staff and student email address account usernames. We will then send the school’s signatory a copy of the DPA for electronic signatures, and arrange for signature by Desmos’ authorized representative.

3. Information Collected

Summary: We collect personal information that you voluntarily provide to us such as name, email.
-a. _Personal Data You Disclose to Us_. -You can use most of our Services, including the Desmos Tools, and, as a student, Desmos Classroom, without registering for an account with Desmos. If you choose to create an account on the Service, or communicate with Desmos, you may provide to Desmos certain information by which someone could personally identify you, such as your name, email or unique username (“**Personally Identifiable Information**”), passwords and similar information used for authentication and account access (“**Security Information**”), as well as information about yourself such as your employment or level of schooling by which someone could not personally identify you (“**Demographic Information**”). When we link Security Information or Demographic Information to your Personally Identifiable Information, we treat all of it as Personally Identifiable Information. We also collect information (i) when you save or post content to the Service, (ii) if you expressly authorize us to access your device camera and photo roll to upload pictures to the Service, and (iii) and if you communicate with us via email or otherwise. +a. **Personal Data You Disclose to Us**. You can use many of our Services without registering for an account with Desmos. If you choose to create an account on the Service, or communicate with Desmos, you may provide to Desmos certain information by which someone could personally identify you, such as your name, email or unique username (**“Personally Identifiable Information”**), passwords and similar information used for authentication and account access (**“Security Information”**), as well as information about yourself such as your employment or level of schooling by which someone could not personally identify you (**“Demographic Information”**). When we link Security Information or Demographic Information to your Personally Identifiable Information, we treat all of it as Personally Identifiable Information. We also collect information (i) when you save or post content to the Service, (ii) if you expressly authorize us to access your device camera and photo roll to upload pictures to the Service, and (iii) and if you communicate with us via email or otherwise. -We refer to all of this data collectively as “**Personal Data**”. We may also collect limited Personal Data about you from a third party Internet site or service. For example, if you login to your Desmos account through Google or another authentication tool, or if you interact with Desmos on social media, we may collect the Personal Data you authorize that third party service to share with us, such as email address or name. +We refer to all of this data collectively as **“Personal Data”**. We may also collect limited Personal Data about you from a third party Internet site or service. For example, if you login to your Desmos account through Google or another authentication tool, or if you interact with Desmos on social media, we may collect the Personal Data you authorize that third party service to share with us, such as email address or name. We do **not** knowingly collect: (i) exact geolocation data, (ii) behavioral data for advertising purposes, (iii) biometric / health data, or (iv) sensitive data, as defined under the General Data Protection Regulation (GDPR) (including, racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation).
Summary: Some information – such as IP address and/or browser and device characteristics – is collected automatically when you visit our websites or apps.
-b. _Usage Data_. -We automatically collect certain technical usage information when you use our Service (“**Usage Data**”). Usage Data includes the information that your web browser or mobile application automatically sends to our servers whenever you visit. The Usage Data collected in our logs may include information such as your web request, Internet Protocol address, operating system, browser type, browser language, referring / exit pages and URLs, platform type, click history, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and whether you opened an email. Typically, this information is collected through log files, web beacons, browser cookies, or other device identifiers that may uniquely identify your browser or device. You may be able to set your web browser to refuse all cookies, and your mobile device to not provide your mobile device identifier. You may not be able to delete or disable cookies on certain mobile devices and/or certain browsers. For more information on cookies, please review the [Desmos Cookie Policy](/cookiepolicy) or [www.allaboutcookies.org](https://www.allaboutcookies.org/). Remember, some features of our Service may not function properly if cookies or mobile device identifiers are not enabled. In addition, our Service may use third party analytics and bug tracking software (including, without limitation, Google Analytics and Bugsnag) to collect further Usage Data regarding the online usage patterns of our users and bugs in our Services. We may combine Usage Data with Personal Data in a manner that enables us to trace Usage Data to an individual user. If we do so, we will treat such combined data as Personal Data. +b. **Usage Data**. We automatically collect certain technical usage information when you use our Service (**“Usage Data”**). Usage Data includes the information that your web browser or mobile application automatically sends to our servers whenever you visit. The Usage Data collected in our logs may include information such as your web request\_\_, Internet Protocol address, operating system, browser type, browser language, referring / exit pages and URLs, platform type, click history, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and whether you opened an email. Typically, this information is collected through log files, web beacons, browser cookies, or other device identifiers that may uniquely identify your browser or device. You may be able to set your web browser to refuse all cookies, and your mobile device to not provide your mobile device identifier. You may not be able to delete or disable cookies on certain mobile devices and/or certain browsers. For more information on cookies, please review the Desmos Cookie Policy or [www.allaboutcookies.org](https://www.allaboutcookies.org/). Remember, some features of our Service may not function properly if cookies or mobile device identifiers are not enabled. In addition, our Service may use third party analytics and bug tracking software (including, without limitation, Google Analytics and Bugsnag) to collect further Usage Data regarding the online usage patterns of our users and bugs in our Services. We may combine Usage Data with Personal Data in a manner that enables us to trace Usage Data to an individual user. If we do so, we will treat such combined data as Personal Data. **We do not authorize third party advertising networks or other third parties to collect information about your browsing behavior from our website for advertising purposes.** @@ -65,67 +64,64 @@ We automatically collect certain technical usage information when you use our Se
Summary: We process your Personal Data for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.
-We use Personal Data and Usage Data (together, “**User Information**”) for a variety of business purposes described below. We process your Personal Data for these purposes in reliance on our legitimate business interests ("**Business Purposes**"), in order to enter into or perform a contract with you ("**Contractual**"), with your consent ("**Consent**"), and/or for compliance with our legal obligations ("**Legal Reasons**"). We indicate the specific processing grounds we rely on next to each purpose listed below. +We use Personal Data and Usage Data (together, **“User Information”**) for a variety of business purposes described below. We process your Personal Data for these purposes in reliance on our legitimate business interests (**“Business Purposes”**), in order to enter into or perform a contract with you (**“Contractual”**), with your consent (**“Consent”**), and/or for compliance with our legal obligations (**“Legal Reasons”**). We indicate the specific processing grounds we rely on next to each purpose listed below. -**To facilitate account creation and logon process with your Consent**. If you choose to link your account with us to a third party account (such as your Google account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process. Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile information we receive may vary depending on the social media provider concerned, but will often include your name and e-mail address. +**To facilitate account creation and logon process with your Consent.** If you choose to link your account with us to a third party account (such as your Google account), we use the information you allowed us to collect from those third parties to facilitate the account creation and logon process. Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile information we receive may vary depending on the social media provider concerned, but will often include your name and e-mail address. **To enforce our terms, conditions and policies for Business Purposes and Legal Reasons.** -**To respond to legal requests and prevent harm for Legal Reasons**. If we receive a subpoena or other legal request, we may need to inspect the User Information we hold to determine how to respond. +**To respond to legal requests and prevent harm for Legal Reasons.** If we receive a subpoena or other legal request, we may need to inspect the User Information we hold to determine how to respond. -**For other Business Purposes**. We may use your User Information for other Business Purposes, such as (a) improving the quality and design of the Services and to create new features and services by storing, tracking, and analyzing user preferences; (b) remembering information so that you will not have to re-enter it during your visit or the next time you use our Service; (c) providing custom, personalized content and information; (d) monitoring aggregate metrics such as total number of visitors, pages viewed, etc.; (e) diagnosing and fixing technology problems and otherwise planning for and enhancing our Service and (f) for providing you with customer support. Desmos may provide personalized content and information to our users, including Students, teachers, school administration officials, and other users associated with Schools. However, Desmos shall never use Student Data to engage in targeted advertising, nor shall Desmos direct advertising to Students on student.desmos.com, nor shall Desmos ever use any third-party advertising network on any Desmos Service. +**For other Business Purposes.** We may use your User Information for other Business Purposes, such as (a) improving the quality and design of the Services and to create new features and services by storing, tracking, and analyzing user preferences; (b) remembering information so that you will not have to re-enter it during your visit or the next time you use our Service; (c) providing custom, personalized content and information; (d) monitoring aggregate metrics such as total number of visitors, pages viewed, etc.; (e) diagnosing and fixing technology problems and otherwise planning for and enhancing our Service and (f) for providing you with customer support. Desmos may provide personalized content and information to our users, including Students, teachers, school administration officials, and other users associated with Schools. However, Desmos shall never use Student Data to engage in targeted advertising, nor shall Desmos ever use any third-party advertising network on any Desmos Service. -**For Marketing Messages, with your consent**. We will not use your email address or other Personal Data to send you marketing messages unless you provide your consent, or as part of a specific program or feature for which you will have the ability to opt-out. You can always opt-out of receiving promotional email from us by clicking on the “unsubscribe” feature at the bottom of each email. We may, however, use your email address without further consent for non-marketing or administrative purposes, such as notifying you of important Service changes or for customer service purposes. +**For Marketing Messages, with your consent.** We will not use your email address or other Personal Data to send you marketing messages unless you provide your consent, or as part of a specific program or feature for which you will have the ability to opt-out. You can always opt-out of receiving promotional email from us by clicking on the “unsubscribe” feature at the bottom of each email. We may, however, use your email address without further consent for non-marketing or administrative purposes, such as notifying you of important Service changes or for customer service purposes.

5. Disclosure of Your Information

Summary: We only share information with your consent, to comply with laws, to protect your rights, or to fulfill business obligations.
a. _Your Publication_. -You may, by using applicable sections of our Service (including sections which enable you to create graphs, perform lessons, provide comments, upload video and pictures), share your User Information, including Personally Identifiable Information and other content that you create or post to others accessing the Desmos Services. Please see the [Student Data Privacy Statement](/studentdata) to learn how Student Data may be shared. +You may, by using applicable sections of our Services (including sections which enable you to create graphs, perform lessons, provide comments, upload video and pictures), share your User Information, including Personally Identifiable Information and other content that you create or post to others accessing the Services. Please see the [Student Data Privacy Statement](/studentdata) to learn how Student Data may be shared. b. _Service Providers_. -We share the information we collect, including Personal Data, with our third-party sub-processors in order to provide our Services. We enter into contracts with all third-party entities or agents that participate in an onward transfer of Personal Data. The contracts specify that such Personal Data may only be processed for limited and specified purposes consistent with the consent provided by the individual, applicable laws, and that the recipient will provide the same level of protection as stated in this Privacy Policy. These sub-processors are used to perform services on our behalf, for example, providing customer service support, hosting services, analytics, bug detection and other services we utilize to help us provide our Service or conduct our business. +We share the information we collect, including Personal Data, with our third-party sub-processors in order to provide our Services. We enter into contracts with all third-party entities or agents that participate in an onward transfer of Personal Data. The contracts specify that such Personal Data may only be processed for limited and specified purposes consistent with the consent provided by the individual, applicable laws, and that the recipient will provide the same level of protection as stated in this Privacy Policy. These sub-processors are used to perform services on our behalf, for example, providing customer service support, hosting services, analytics, bug detection and other services we utilize to help us provide our Services or conduct our business. -Our list of sub-processors can be found [here](https://github.com/desmosinc/policies/blob/master/third-party-services.md). +Our list of sub-processors can be found [here](https://github.com/desmosinc/policies/blob/main/third-party-services.md). c. _Partners_. -At your direction, our partners (“**Partners**”) that are integrated with the Desmos Service may gain access to certain of your User Information. For example, we may share certain User Information (e.g., your email address username) when you login to the Desmos Services using Google login and similar authentication tools. We are not responsible for the content or privacy and security practices and policies of such Partners. We encourage you to learn about our Partners' privacy and security policies before providing them with your User Information or directing us to provide them with your User Information. +At your direction, our partners (**“Partners”**) that are integrated with the Desmos Services may gain access to certain of your User Information. For example, we may share certain User Information (e.g., your email address username) when you login to the Desmos Services using Google login and similar authentication tools. We are not responsible for the content or privacy and security practices and policies of such Partners. We encourage you to learn about our Partners' privacy and security policies before providing them with your User Information or directing us to provide them with your User Information. d. _Other Required Sharing_. We may share User Information: (i) if required to do so by law, or in the good-faith belief that such action is in compliance with state and federal laws (including, without limitation, copyright laws) or in response to a court order, subpoena, legal process or search warrant, or (ii) if we believe, in good faith, such action is appropriate or necessary to enforce our Terms of Service, to exercise our legal rights, to take precautions against liability, to investigate and defend ourselves against any claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our Services, and to protect the rights, property, or personal safety of Desmos, Schools, our users or third parties. e. _School Collaboration_. -For Schools utilizing our School Collaboration functionality, school administration officials and teachers (collectively, "**Admins**") may be able to share information, resources, and materials through the School Collaboration Features. Depending on the School’s use of various features of the Service, an Admin may be able to share information with other Admins and/or invite other Admins to access, review, and edit School material. Sharing functionality will be determined by the School settings. We may also share Student Data as directed by a School when we provide the Service to such School. Please see our [Student Data Privacy Statement](/studentdata) to learn more about how Student Data may be shared at the direction of the School. +We may share Student Data as directed by a School when we provide Services to such School. Please see our Student [Data Privacy Statement](/studentdata) to learn more about how Student Data may be shared at the direction of the School. -f. _Sharing of Student Work_. -In some instances, Student Data, including, for example, a student's response to a prompt, (collectively, "**Student Work**") may be visible to other students in the same classroom of the Desmos Classroom. A School or Admin will be able to monitor any such Student Work and will be able to hide it at their discretion, for example if said Student Work is in violation of a School's policies or desired classroom culture. - -g. _Merger or Sale_. -If we merge, sell, or otherwise transfer all or a portion of our business, we will not transfer your Personal Information without first giving you the ability to opt-out of the transfer, unless the new owner intends to maintain and provide the applicable Desmos Services as a going concern, and provided that the new owner has agreed to data privacy standards no less stringent than our own. We may also transfer Personal Information – under the same conditions – in the course of mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of our business. +f. _Merger or Sale_. +If we merge, sell, or otherwise transfer all or a portion of our business, we will not transfer your Personal Information without first giving you the ability to opt-out of the transfer, unless the new owner intends to maintain and provide the applicable Services as a going concern, and provided that the new owner has agreed to data privacy standards no less stringent than our own. We may also transfer Personal Information – under the same conditions – in the course of mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of our business.

6. Your Choices and Rights

Summary: You may choose not to provide Personal Data, you may review, change, or terminate your account at any time.
-You may decline to submit Personal Data through and to our Service, in which case Desmos or your School may not be able to provide certain parts of the Service to you. You may update or correct your name, email address, or password at any time by visiting your “Account Settings” link. You may also delete your account altogether there, which will remove all Personal Data we have collected about you, other than to the extent provided to us by your School. With respect to User Information provided to the Service by your School, please reach out to your School to request removal or updates of such information. If you have any questions about reviewing, modifying, or deleting your information, or if you want to remove your name or comments from our website or publicly displayed content, you can contact us directly at [privacy@desmos.com](mailto:privacy@desmos.com). We may not be able to modify or delete your information in all circumstances. +You may decline to submit Personal Data through and to our Service, in which case Desmos may not be able to provide certain parts of the Service to you. You may update or correct your name, email address, or password at any time by visiting your “Account Settings” link. You may also delete your account altogether there, which will remove all Personal Data we have collected about you. If you have any questions about reviewing, modifying, or deleting your information, or if you want to remove your name or comments from our website or publicly displayed content, you can contact us directly at [privacy@desmos.com](mailto:privacy@desmos.com). We may not be able to modify or delete your information in all circumstances. In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your Personally Identifiable Information, (ii) to request rectification or erasure; (iii) to restrict the processing of your Personally Identifiable Information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your Personally Identifiable Information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws. If we are relying on your consent to process your Personal Data, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal. -If you are a resident in the European Economic Area and believe we are unlawfully processing your Personal Data, the you also have the right to complain to your local data protection supervisory authority (contact details here: [http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm](http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm)). +If you are a resident in the European Economic Area and believe we are unlawfully processing your Personal Data, you also have the right to complain to your local data protection supervisory authority (contact details here: [http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm](http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm)). **General Data Protection Regulation (GDPR) – European Representative** -Pursuant to Article 27 of the General Data Protection Regulation (GDPR), Desmos, Inc. has appointed European Data Protection Office (EDPO) as its GDPR Representative in the EU. You can contact EDPO regarding matters pertaining to the GDPR: +Pursuant to Article 27 of the General Data Protection Regulation (GDPR), Desmos Studio PBC has appointed European Data Protection Office (EDPO) as its GDPR Representative in the EU. You can contact EDPO regarding matters pertaining to the GDPR: - by using EDPO’s online request form: [https://edpo.com/gdpr-data-request/](https://edpo.com/gdpr-data-request/) - by writing to EDPO at Avenue Huart Hamoir 71, 1030 Brussels, Belgium **UK General Data Protection Regulation (GDPR) - UK Representative** -Pursuant to Article 27 of the UK GDPR, Desmos, Inc. has appointed EDPO UK Ltd as its UK GDPR representative in the UK. You can contact EDPO UK regarding matters pertaining to the UK GDPR: +Pursuant to Article 27 of the UK GDPR, Desmos Studio PBC has appointed EDPO UK Ltd as its UK GDPR representative in the UK. You can contact EDPO UK regarding matters pertaining to the UK GDPR: - by using EDPO’s online request form: [https://edpo.com/uk-gdpr-data-request/](https://edpo.com/uk-gdpr-data-request/) - by writing to EDPO UK at 8 Northumberland Avenue, London WC2N 5BY, United Kingdom @@ -148,7 +144,7 @@ When we have no ongoing legitimate business need to process your Personal Data,
Summary: We do not knowingly collect data from or market to children under the applicable age of digital consent, unless (i) a School has collected prior parental / guardian consent or (ii) the applicable parent / guardian has provided consent directly to Desmos.
-Our Services are not directed to children under the applicable age of digital consent, with the exceptions of (i) the provision of Desmos Classroom to Students via Schools, accessed via student.desmos.com, (ii) the provision of Services to children with prior parental / guardian consent; and (iii) Desmos Calculator and Desmos Four Function Calculators, which do not collect Personal Data. +Our Services are not directed to children under the applicable age of digital consent, with the exceptions of (i) Services for Students of Schools that have collected applicable parental / guardian consent and entered into DPAs with Desmos, (ii) the provision of Services to children with prior parental / guardian consent; and (iii) Desmos Simple Tools (i.e., the web-based versions of the Desmos [Four Function Calculator](/fourfunction), [Desmos Scientific Calculator](/scientific), and [Desmos Matrix Calculator](/matrix)), which do not collect Personal Data. The applicable age of digital consent varies by jurisdiction, but, subject to the limited exceptions above, our Service is not directed (i) to children under 13 in the United States, nor to (ii) children under the age of 16, in the United Kingdom or EEA (or the applicable age of digital consent in the jurisdiction). @@ -162,15 +158,15 @@ If you believe that we have accidentally collected Personal Data from a child un
Summary: We may transfer, store, and process your information in countries other than your own. Users in California may have additional rights.
-Our servers are located in the United States. If you are accessing our Services from outside the United States, please be aware that your Personal Data may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your Personal Data (see "Disclosure of Your Information" above), in the United States and other countries. +Our servers are located in the United States. If you are accessing our Services from outside the United States, please be aware that your Personal Data may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your Personal Data (see “Disclosure of Your Information” above), in the United States and other countries. If you are a resident of the UK or EEA, then these countries may not have data protection or other laws as comprehensive as those in your country. We will however take all necessary measures to protect your Personal Data in accordance with this privacy policy and applicable law. Such measures include implementing the European Commission's Standard Contractual Clauses for transfers of Personal Data between us and our third-party providers, which require all such recipients to protect Personal Data that they process from the UK or EEA in accordance with European data protection laws. -We offer the [School Data Processing Addendum](/privacy#contact-us) (“DPA”) with attached Standard Contractual Clauses (“SCC”) for Schools that operate in the United Kingdom or EEA for purposes of the General Data Protection Regulation (“GDPR”) in connection with the use of Desmos’ Services by the School or Students of the School. You can review our standard template DPA with attached SCCs [here](https://desmos.com/privacy-pdfs/Desmos_DPA_and_SCC_2021-06-17_v3.pdf). If you represent a school and would like to enter into that DPA (and attached SCCs) with us, please send an email to privacy-gdpr@desmos.com, with the following information about the school: (i) name, (ii) address, (iii) telephone number, (iv) signatory name, (v) signatory title, and (vi) signatory email address, and (vii) teacher.desmos.com account usernames. We will then send the school’s signatory a copy of the DPA for electronic signatures via DocuSign or equivalent, and arrange for signature by Desmos’ authorized representative. +We offer the School Data Processing Addendum (**“DPA”**) with attached Standard Contractual Clauses (**“SCCs”**) for Schools that operate in the United Kingdom or EEA for purposes of the General Data Protection Regulation (**“GDPR”**) in connection with the use of Desmos’ Services by the School or Students of the School. See below for information on contacting us to request a DPA. You can review our standard, template DPA with attached SCCs [here](https://www.desmos.com/privacy-pdfs/Desmos_DPA_and_SCC_2023-03-28_v5.pdf). -If you are a resident of the State of California, this Privacy Policy is supplemented by our [California Privacy Rights Statement](/caprivacy) that explains your California privacy rights and how you can exercise these rights. +If you are a resident of the State of California, this Privacy Policy is supplemented by our California Privacy Rights Statement that explains your California privacy rights and how you can exercise these rights.

11. Contact Us

@@ -179,7 +175,7 @@ If you are a resident of the State of California, this Privacy Policy is supplem Please feel free to contact us with any questions or comments about this Privacy Policy, your Personal Data, your consent, or your opt-in or opt-out choices as follows:
-Desmos, Inc.
+Desmos Studio PBC
 ATTN: Privacy Agent
 9450 SW Gemini Dr
 PMB 49136
@@ -188,29 +184,31 @@ USA
 Email: privacy@desmos.com
 
-If you are a resident in the European Economic Area, the "data controller" of your Personal Data is either Desmos, Inc. or your School. +If you are a resident in the European Economic Area, the “data controller” of your Personal Data is either Desmos Studio PBC or your School. -**Request a School Data Processing Addendum**: If you represent a school and would like to enter into that DPA (and attached SCCs) with us, please send an email to [privacy-gdpr@desmos.com](mailto:privacy-gdpr@desmos.com?subject=Request%20for%20School%20Data%20Protection%20Addendum), with the following information about the school: (i) name, (ii) address, (iii) telephone number, (iv) signatory name, (v) signatory title, and (vi) signatory email address, and (vii) teacher.desmos.com account usernames. We will then send the school’s signatory a copy of the DPA for electronic signatures via DocuSign or equivalent, and arrange for signature by Desmos’ authorized representative. +**Request a School Data Processing Addendum:** If you represent a school and would like to enter into that DPA (and attached SCCs) with us, please send an email to [privacy-gdpr@desmos.com](mailto:privacy-gdpr@desmos.com), with the following information about the school: (i) name, (ii) address, (iii) telephone number, (iv) signatory name, (v) signatory title, and (vi) signatory email address, and (vii) domain name for staff and student account email address usernames. We will then send the school’s signatory a copy of the DPA for electronic signatures, and arrange for signature by Desmos’ authorized representative. **General Data Protection Regulation (GDPR) – European Representative** -Pursuant to Article 27 of the General Data Protection Regulation (GDPR), Desmos, Inc. has appointed European Data Protection Office (EDPO) as its GDPR Representative in the EU. You can contact EDPO regarding matters pertaining to the GDPR: +Pursuant to Article 27 of the General Data Protection Regulation (GDPR), Desmos Studio PBC has appointed European Data Protection Office (EDPO) as its GDPR Representative in the EU. You can contact EDPO regarding matters pertaining to the GDPR: - by using EDPO’s online request form: [https://edpo.com/gdpr-data-request/](https://edpo.com/gdpr-data-request/) - by writing to EDPO at Avenue Huart Hamoir 71, 1030 Brussels, Belgium **UK General Data Protection Regulation (GDPR) - UK Representative** -Pursuant to Article 27 of the UK GDPR, Desmos, Inc. has appointed EDPO UK Ltd as its UK GDPR representative in the UK. You can contact EDPO UK regarding matters pertaining to the UK GDPR: +Pursuant to Article 27 of the UK GDPR, Desmos Studio PBC has appointed EDPO UK Ltd as its UK GDPR representative in the UK. You can contact EDPO UK regarding matters pertaining to the UK GDPR: - by using EDPO’s online request form: [https://edpo.com/uk-gdpr-data-request/](https://edpo.com/uk-gdpr-data-request/) - by writing to EDPO UK at 8 Northumberland Avenue, London WC2N 5BY, United Kingdom +Additionally, as required by GDPR, Desmos has SCCs with our subcontractors who process Personal Data. +

12. Changes and Updates

**Summary**: We will update this policy as necessary, and you can see the history of such changes [here](https://github.com/desmosinc/policies).
a. _Updates_. -This Privacy Policy may be revised periodically and this will be reflected in the “date last modified” set forth below. Your continued use of the Desmos Services following such an update constitutes your agreement to the revised Privacy Policy. You can see the history of the changes to this Privacy Policy [here](https://github.com/desmosinc/policies). +This Privacy Policy may be revised periodically and this will be reflected in the “date last modified” set forth below. Your continued use of the Desmos Services following such an update constitutes your agreement to the revised Privacy Policy. You can see the history of the changes to this Privacy Policy [here](/privacy). -b. _Last Modified_. This Privacy Policy was last modified on November 1, 2021. +b. _Last Modified_. This Privacy Policy was last modified on August 22, 2023. diff --git a/student-data-privacy-statement.md b/student-data-privacy-statement.md index 4f3ca23..5eb7110 100644 --- a/student-data-privacy-statement.md +++ b/student-data-privacy-statement.md @@ -1,14 +1,14 @@ # Desmos Student Data Privacy Statement -This Student Data Privacy Statement explains how Desmos collects, protects and processes Student Data (defined below). +This Student Data Privacy Statement explains how Desmos Studio PBC (**“Desmos”**, **“we”**, **“us”**, and **“our”**) collects, protects and processes Student Data (defined below). -This Student Data Privacy Statement also details our compliance with respect to the applicable requirements of the Children’s Online Privacy Protection Act (“**COPPA**”), the California Consumer Privacy Act (“**CCPA**”), the Family Educational Rights and Privacy Act (“**FERPA**”), the California Student Online Personal Information Protection Act (“**SOPIPA**”), the EU’s General Data Protection Regulation (“**GDPR**”), and other applicable laws. +This Student Data Privacy Statement also details our compliance with respect to the applicable requirements of the Children’s Online Privacy Protection Act (**“COPPA”**), the California Consumer Privacy Act (**“CCPA”**), the Family Educational Rights and Privacy Act (**“FERPA”**), the California Student Online Personal Information Protection Act (**“SOPIPA”**), the EU’s General Data Protection Regulation (**“GDPR”**), and other applicable laws. -The Desmos Services may be used by third party providers of educational services, such as schools, school districts, school systems, teachers or other instructors (collectively referred to as "**Schools**"). There may be different contractual terms or privacy policies in place with some of our School customers. Such other terms or policies may supersede this Student Data Privacy Statement for information collected or processed under those terms. If you have any questions as to which legal agreement or privacy policy controls the collection and use of your information, please contact your School or us. +The Desmos Services may be used by third party providers of educational services, such as schools, school districts, school systems, teachers or other instructors (collectively referred to as **“Schools”**). There may be different contractual terms or privacy policies in place with some of our School customers. Such other terms or policies may supersede this Student Data Privacy Statement for information collected or processed under those terms. If you have any questions as to which legal agreement or privacy policy controls the collection and use of your information, please contact your School or us. -When a School uses the Services with students in the classroom (“**Students**”) through student.desmos.com, we may have access to Student Data. “**Student Data**” is any information that is directly related to an identifiable current or former student that is maintained by a school, school district, or related entity or organization, or by us. +When a School uses the [Desmos Graphing Calculator](/graphing), [Desmos Geometry Tool](/geometry), future standalone tools to come, and any apps associated with the Desmos Services (together, the **“Advanced Desmos Tools”**) with students in the classroom (**“Students”**), we may have access to Student Data. **“Student Data”** is any information that is directly related to an identifiable current or former student that is maintained by a school, school district, or related entity or organization, or by us. -Student Data may include “educational records” as defined in the Family Educational Rights and Privacy Act (“**FERPA**”). We consider Student Data to be highly confidential. +Student Data may include “educational records” as defined in the Family Educational Rights and Privacy Act (**“FERPA”**). We consider Student Data to be highly confidential. Our collection and use of Student Data through Desmos Services are governed by federal and state law and by our contract with Schools, if one exists. This Desmos Student Data Privacy Statement explains how we use and share Student Data we may collect through Desmos Services. If you have questions about specific practices relating to Student Data provided to Desmos by a School, please direct your questions to your School. @@ -16,7 +16,7 @@ Our collection and use of Student Data through Desmos Services are governed by f The privacy of personally identifiable student information is very important to us. We are honored that our School customers choose Desmos as a trusted educational service provider and we strive to live by high data privacy and security standards. When we have access to the personal information of students, we commit to the following data privacy principles: -- Desmos collects, stores, processes, and shares Student Data only for the purposes of providing our Service, or as authorized by a School or a parent / guardian. +- Desmos collects, stores, processes, and shares Student Data only for the purposes of providing our Services, or as authorized by a School or a parent / guardian. - Desmos does not use or share Student Data or content for marketing or advertising purposes, except with explicit school or parental / guardian consent. - Desmos does not sell Student Data. - Desmos does not use or disclose Student Data for targeted advertising purposes. @@ -24,15 +24,15 @@ The privacy of personally identifiable student information is very important to - Desmos will not knowingly retain Student Data beyond the time period required to support the school’s purpose, unless authorized by the parent/student. - Desmos will delete or de-identify Student Data at the direction or request of the school. - Desmos will clearly and transparently disclose our data policies and practices. -- Desmos will not make any material changes to our Privacy Policy or Terms of Service that relate to the collection or use of Student Data without first giving notice to the school or parent and providing a choice before the Student Data is used in a materially different manner than was disclosed when the information was collected. +- Desmos will not make any material changes to our [Privacy Policy](/privacy) or [Terms of Service](/terms) that relate to the collection or use of Student Data without first giving notice to the school or parent and providing a choice before the Student Data is used in a materially different manner than was disclosed when the information was collected. If you have any questions, please contact us at [privacy@desmos.com](mailto:privacy@desmos.com). ## What Student Data do we collect? -Desmos provides the Service to Schools to improve classroom instruction and student learning outcomes. Through the provision of this Service to a School, we may collect or have access to Student Data that is provided by the School or by the student. The type of information we collect will depend on how the School uses the Service, but could include the student’s first and last name, email address, class assignment data, and other classroom content. Only students who have been provided an invitation code and authorized to use the Service by a School can be associated with a School account. Students may continue to access class content using the invitation code. To save content on the Service, the Student will need to register for a Desmos account by providing some personal information or by logging in through a Google account. +Desmos provides the Services to Schools to improve classroom instruction and student learning outcomes. Through the provision of this Service to a School, we may collect or have access to Student Data that is provided by the School or by the student. The type of information we collect will depend on how the School uses the Service, but could include the student’s first and last name, email address, and user generated content (such as graphs). Only Students who have logged into a Desmos account using an email address with the domain name of a School that has a DPA with Desmos can be associated with a School. To save content on the Services, the Student will need to register for a Desmos account by providing some personal information or by logging in through a Google or Apple account. -Please note that only accounts set up with an invitation code and accounts set up on student.desmos.com are considered to be Student accounts. If you are a teacher, administrator, or other individual using the Service on behalf of a School, please do not instruct students to sign up for Desmos without providing an invitation code and/or instructing students to sign up through student.desmos.com or similar address created for School users. Schools must sign up for a School account to use the Service in the classroom setting so that student’s information is known to be Student Data. +Please note that only accounts using an email address with the domain name of a School that has a DPA with Demsmos can be associated with a School are considered to be Student accounts. If you are a teacher, administrator, or other individual using the Service on behalf of a School, please do not instruct students to sign up for Desmos without instructing students to sign up using an email address with the domain name of the School. Schools sign a DPA with Desmos to use the Advanced Desmos Tools in the classroom setting so that a student’s information is identifiable as Student Data. We consider Student Data to be highly confidential and use this data solely to provide our Services to the School, and in limited ways, for our internal purposes in accordance with our Terms of Service or specific agreements with Schools. Our collection, use, and disclosure of Student Data is governed by our Terms of Service and/or any other agreement with the School, in the U.S. by the provisions of the Family Educational Rights and Privacy Act (FERPA), and applicable privacy laws relating to the collection and use of personal information of students. If you have any questions about our collection and use of Student Data, please contact us at [privacy@desmos.com](mailto:privacy@desmos.com). If you have any questions about reviewing, modifying, or deleting the personal information of a student, please contact your School directly. @@ -46,26 +46,26 @@ Desmos only shares Student Data in a few limited circumstances, as described bel We may share Student Data in the following ways: -- As needed to perform the Desmos Services and/or at the direction of a School and as authorized by our contract with the School. For example, information including Student Data, will be shared between and among authorized School users, such as teachers and administrators. Schools may also be able to facilitate data sharing with other authorized third parties. This sharing will depend on the settings and functionality selected by the School. +- As needed to perform the Desmos Services and/or at the direction of a School and as authorized by our contract with the School. For example, information including Student Data, may be shared between and among authorized School users, such as teachers and administrators. Schools may also be able to facilitate data sharing with other authorized third parties. This sharing will depend on the settings and functionality selected by the School. - With our trusted vendors, third party service providers and other individuals who perform services on our behalf, but only if such providers have a need to access such information for the purpose of carrying out their work for us and do so under strict confidentiality and data security terms. - We may share aggregate or anonymized data (including personal data that has been stripped of personally identifying characteristics) with third parties, but will do so only in such a way that no individual may reasonably be identified. -- We may be required to share information with law enforcement or other third parties when compelled to do so by court order or other legal process, to comply with statutes or regulations, to enforce our Terms of Use, or if we believe in good faith that the disclosure is necessary to protect the rights, property or personal safety of our visitors. -- In the event of a change of control: If we sell, divest or transfer the business or a portion of our business, we will not transfer Student personal information without first giving you the ability to opt-out of the transfer by deleting your account, unless the new owner intends to maintain and provide the Service as a going concern, and provided that the new owner has agreed to data privacy standards no less stringent than our own. We may also transfer personal information – under the same conditions – in the course of mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of our business +- We may be required to share information with law enforcement or other third parties when compelled to do so by court order or other legal process, to comply with statutes or regulations, to enforce our Terms of Service, or if we believe in good faith that the disclosure is necessary to protect the rights, property or personal safety of our visitors. +- In the event of a change of control: If we sell, divest or transfer the business or a portion of our business, we will not transfer Student personal information without first giving you the ability to opt-out of the transfer by deleting your account, unless the new owner intends to maintain and provide the Service as a going concern, and provided that the new owner has agreed to data privacy standards no less stringent than our own. We may also transfer personal information – under the same conditions – in the course of mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of our business. ## How do we use anonymized data? -We may use data which has been de-identified and/or aggregated for product development, research analytics, and other purposes, including for the purpose of analyzing, improving, or marketing the Desmos Services. If Desmos publicly discloses or shares with third parties (e.g., in marketing materials, published research, analytics, or in application development) information that is derived from Student Data, then (i) such data will be aggregated and/or anonymized to reasonably avoid identification of a specific School or individual and (ii) Desmos will seek contractual limits on such third parties preventing reidentification of deidentified data. +We may use data which has been de-identified and/or aggregated for product development, research analytics, and other purposes, including for the purpose of analyzing, improving, or marketing the Desmos Services. If Desmos publicly discloses or shares with third parties (e.g., in marketing materials, published research, analytics, or in application development) information that is derived from Student Data, then (i) such data will be aggregated and/or anonymized to reasonably avoid identification of a specific School or individual and (ii) Desmos will seek contractual limits on such third parties preventing reidentification of de-identified data. ## Questions about access or deletion of data -You may access, update, or correct Student Data by logging into your account. Parents / guardians may request to access, correct, and update a student’s personal information, but these requests may require the School’s authorization to update or delete information contained in active School accounts. If you have any questions about reviewing, modifying, or deleting personal information of a Student, please contact your School directly. +Students may access, update, or correct Student Data by logging into the student’s account. Parents / guardians may request to access, correct, and update a student’s personal information, but these requests may require the School’s authorization to update or delete information in active School accounts. If you have any questions about reviewing, modifying, or deleting personal information of a Student, please contact your School or [privacy@desmos.com](mailto:privacy@desmos.com). ## Children's Data -Our Service is not directed to children under 13 unless and until a School has provided appropriate consent and authorization for a student under 13 to use the Services and for Desmos to collect information from such student. Desmos relies on each School to obtain and provide appropriate consent and disclosures, if necessary, to collect any student information directly from students, as permitted by the Children’s Online Privacy Protection Act (COPPA). +Our Advanced Desmos Tools are not directed to children under 13 unless and until a School or parent has provided appropriate consent and authorization for a student under 13 to use the Services and for Desmos to collect information from such students. Desmos relies on each School to obtain and provide appropriate consent and disclosures, if necessary, to collect any student information directly from students, as permitted by the Children’s Online Privacy Protection Act (COPPA). ## Privacy Policy Changes with respect to Student Data -Because we continue to develop the Desmos Service and take advantage of technologies to improve the Services we provide, our policies will change over time. We will note the effective date of the policy at the bottom of this page, and you should review this page periodically for any changes. We will use our best efforts to provide each School at least 30 days-notice of a Privacy Policy change that may involve collecting, using, storing, or sharing Student Data in a materially different manner than was disclosed in our previous Privacy Policy, so that the School has sufficient time to evaluate the change in practice. If you do not choose to accept the changes, you may opt-out by deleting your account before the changes take effect. +Because we continue to develop the Desmos Services and take advantage of technologies to improve the Services we provide, our policies will change over time. We will note the effective date of the policy at the bottom of this page, and you should review this page periodically for any changes. If you do not choose to accept the changes, you may opt-out by deleting your account before the changes take effect. -This document was last modified on November 1, 2021. +This document was last modified on August 22, 2023. diff --git a/terms-of-service.md b/terms-of-service.md index 224424c..f0c0f39 100644 --- a/terms-of-service.md +++ b/terms-of-service.md @@ -1,7 +1,6 @@ # Terms of Service -Thank you for your interest in using the online services operated by Desmos, Inc. ("**Desmos**"). -These Terms of Service ("**Terms**") govern your use of Desmos’ online services (collectively, the "**Services**"), including the services which are offered through (i) our mobile applications, including our (a) Desmos Graphing Calculator application, which currently is available as an Android app and iOS app and (b) Desmos Test Mode application for iPads, (ii) our website located at Desmos.com, and (iii) third party providers of educational services, such as schools, school districts, or teachers (collectively referred to as "**Schools**") that use our services at teacher.desmos.com and student.desmos.com. +Thank you for your interest in using the online services operated by Desmos Studio PBC (**“Desmos”**, **“we”**, **“us”**, and **“our”**). These Terms of Service (**“Terms”**) govern your and/or your School’s (defined below) use of Desmos’ online and app services (collectively, the **“Services”**). Click on the links below to jump to that subsection of these Terms. @@ -11,78 +10,74 @@ Click on the links below to jump to that subsection of these Terms. 4. [Your Responsibilities](#responsibilities) 5. [Personal, Non-Commercial Use Only](#use) 6. [User Submissions and Generated Materials](#user-submissions) -7. [Special Terms for Schools](#schools) -8. [Copyright Infringement](#copyright) -9. [Feedback](#feedback) -10. [Termination and Suspension](#termination) -11. [Fees](#fees) -12. [Passwords and Security](#security) -13. [Third Party Services](#third-party) -14. [**Disclaimer and Limitation of Liability**](#disclaimer) -15. [Indemnification](#indemnification) -16. [Intellectual Property](#intellectual-property) -17. [Miscellaneous](#miscellaneous) -18. [Modifications to Terms and Services](#modifications) +7. [Copyright Infringement](#copyright) +8. [Feedback](#feedback) +9. [Termination and Suspension](#termination) +10. [Fees](#fees) +11. [Passwords and Security](#security) +12. [Third Party Services](#third-party) +13. [**Disclaimer and Limitation of Liability**](#disclaimer) +14. [Indemnification](#indemnification) +15. [Intellectual Property](#intellectual-property) +16. [Miscellaneous](#miscellaneous) +17. [Modifications to Terms and Services](#modifications)

1. Our Services

-Our Services enable you to explore math. You can use our calculators and tools to graph functions, plot tables of data, evaluate equations, explore transformations, construct and represent geometric relationships, and much more. You can use our classroom activities and curricula to create, teach and learn mathematical concepts. +Our Services enable you to explore math. You can use our calculators and tools to graph functions, plot tables of data, evaluate equations, explore transformations, construct and represent geometric relationships, and much more. By using our Services, you agree to be bound by these Terms and to the collection, processing and use of your information as described in our [Privacy Policy](/privacy). If you do not agree to these Terms, you are not permitted to use our Services. -Our Services include the following: +Our Services include the following **“Desmos Tools”**: -- “**Desmos Tools**”: these are our tools on www.desmos.com, including the [Graphing Calculator](/calculator), [Scientific Calculator](/scientific), [Four Function Calculator](/fourfunction), [Geometry Tool](/geometry), and future standalone tools to come. This term also includes any apps associated with those tools, including (i) the Desmos Graphing application, available on Android and iOS; (ii) the Desmos Scientific Calculator application, available on Android and iOS; and (iii) the Desmos Test Mode application, available on iOS for iPads. -- “**Desmos Classroom**”: which includes all our services (i) on [https://teacher.desmos.com](https://teacher.desmos.com) (“teacher.desmos.com”) including those for creating and assigning activities (“Activities”) and the Desmos provided curriculum available via [www.desmos.com/curriculum](https://desmos.com/curriculum) (“Desmos Math Curriculum”), and (ii) on [https://student.desmos.com](https://student.desmos.com) (“student.desmos.com”), specifically, those for the use of activities or curricula as directed by an instructor on teacher.desmos.com. The services on teacher.desmos.com are designed to be managed by providers of educational services, such as schools, school districts, school systems, teachers or other instructors (collectively referred to as "Schools") for the benefit of students of such Schools (“Students”). +- web-based versions of the [Desmos Four Function Calculator](/fourfunction), [Desmos Scientific Calculator](/scientific), and [Desmos Matrix Calculator](/matrix), (the **“Simple Desmos Tools”**); and +- web-based versions of the [Desmos Graphing Calculator](/calculator), [Desmos Geometry Tool](/geometry) future standalone tools to come, and any apps associated with the foregoing, including (i) the Desmos Graphing application, available on Android and iOS; (ii) the Desmos Scientific Calculator application, available on Android and iOS; and (iii) the Desmos Test Mode application, available on iOS for iPads (together, the **“Advanced Desmos Tools”**). + +Certain of our Desmos Tools are designed to be managed by providers of educational services, such as schools, school districts, school systems, teachers or other instructors (collectively referred to as **“Schools”**) for the benefit of students of such Schools (**“Students”**). + +**Desmos does not own or operate the services collectively referred to as Desmos Classroom.** As of May 18th, 2022, Desmos Classroom is owned and operated by Amplify Education, Inc. (**“Amplify”**). You can learn more about Amplify’s acquisition of Desmos Classroom and related business [here](https://amplify.com/news/amplify-acquires-desmos-curriculum-to-build-the-future-of-math-instruction-desmos-calculators-to-remain-independent-and-free-to-all/). **“Desmos Classroom”** includes all the services (i) on [teacher.desmos.com](https://teacher.desmos.com/) (**“teacher.desmos.com”**) including those for creating and assigning activities (**“Activities”**) and the curriculum available at [https://amplify.com/desmos-math](https://amplify.com/desmos-math) (**“Desmos Math 6-A1”**), and (ii) on [student.desmos.com](https://student.desmos.com/) (**“student.desmos.com”**), specifically, those for the use of activities or curricula as directed by an instructor on teacher.desmos.com. This FAQ does not govern use of Amplify’s Desmos Classroom. Please see Amplify’s documentation [here](https://amplify.com/customer-privacy) for information about use of Desmos Classroom.

2. Eligibility and Authority

-If you are (i) using Desmos Classroom on behalf of a School in connection with provision of access to Students at student.desmos.com or (ii) you are using Desmos Tools on behalf of a School and/or directing Students to use the Desmos Tools, then you represent and warrant that you are an authorized representative of the School and you agree to these Terms on the School’s behalf. In addition, in such circumstance, each reference to “you” in these Terms shall be deemed to refer to the School. Each such School hereby agrees it is responsible for the use of the Desmos Services by such School’s personnel and Students in accordance with these Terms and our Privacy Policy. +If you are using Desmos Tools on behalf of a School and/or directing Students to use the Desmos Tools, then you represent and warrant that you are an authorized representative of the School and you agree to these Terms on the School’s behalf. In addition, in such circumstances, each reference to “you” in these Terms shall be deemed to refer to the School. Each such School hereby agrees it is responsible for the use of the Desmos Services by such School’s personnel and Students in accordance with these Terms and our Privacy Policy. -We require that all Schools provide appropriate disclosures to Students and their parents/guardians regarding use of Desmos. Please note that if your Students are under the age of digital consent in the applicable jurisdiction (the age of 13 in the U.S., in accordance with Children’s Online Privacy and Protection Act (“**COPPA**”)), you must obtain verifiable parental/guardian consent to the Terms and our Privacy Policy prior to your Students’ use of our Services. If you are acting on behalf of a School that is providing access to Students or directing Student to access the Service, then you, on behalf of the School, represent and warrant that the School has received verifiable consent from the parent or guardian of the Student, or has gained the authority to provide consent on behalf of Students, for these Terms and our [Privacy Policy](/privacy). +We require that all Schools provide appropriate disclosures to Students and their parents/guardians regarding use of Desmos Tools. Please note that if your Students are under the age of digital consent in the applicable jurisdiction (the age of 13 in the U.S., in accordance with Children’s Online Privacy and Protection Act (**“COPPA”**)), you must obtain verifiable parental/guardian consent to the Terms and our Privacy Policy prior to your Students’ use of our Services. If you are acting on behalf of a School that is providing access to Students or directing Student to access the Service, then you, on behalf of the School, represent and warrant that the School has received verifiable consent from the parent or guardian of the Student, or has gained the authority to provide consent on behalf of Students, for these Terms and our Privacy Policy. If you are using our Services independently from a School, then you agree to these Terms on your own behalf.

3. Personal Information and Student Data

-This Section 3 applies to a School’s use of the Desmos Classroom through teacher.desmos.com and student.desmos.com. If you are a School teacher, Student, or parent/guardian of a Student, you may also refer to the [Student Data Privacy Statement](/studentdata), and if executed by the School and Desmos, our [School Data Processing Addendum](/privacy#contact-us) (“**DPA**”). +This Section 3 applies to a School’s use of the Desmos Tools. If you are a School teacher, Student, or parent/guardian of a Student, you may also refer to the [Student Data Privacy Statement](/studentdata), and if executed by the School and Desmos, our School Data Processing Addendum (**“DPA”**). -When Desmos is used by a School for an educational purpose, Desmos may collect or have access to Student Data that is provided by the School or by the Student. “Student Data” is personal information that is directly related to an identifiable Student and may include “educational records” as defined by the Family Educational Rights and Privacy Act (“**FERPA**”), 20 U.S.C. § 1232(g). +When Desmos is used by a School for an educational purpose, Desmos may collect or have access to Student Data that is provided by the School or by the Student. **“Student Data”** is personal information that is directly related to an identifiable Student and may include “educational records” as defined by the Family Educational Rights and Privacy Act (**“FERPA”**), 20 U.S.C. § 1232(g). -_Confidentiality_. -Desmos agrees to treat Student Data as confidential and not to share it with third parties other than as described in these Terms, and in our [Privacy Policy](/privacy) and [Student Data Privacy Statement](/studentdata), and if executed by the School and Desmos, our DPA. +**Confidentiality**. Desmos agrees to treat Student Data as confidential and not to share it with third parties other than as described in these Terms, and in our [Privacy Policy](/privacy) and [Student Data Privacy Statement](/studentdata), and if executed by the School and Desmos, our DPA. -_Student Data Access_. -You authorize Desmos to access or collect Student Data for the purpose of providing the Services. In the U.S., Desmos shall collect and process Student Data as a School Official with a legitimate educational interest pursuant to FERPA 34 CFR Part 99.31(a)(1). As between the parties, the School or the Student owns and controls the Student Data. Desmos does not own or control, or license such Student Data, except as to provide the Service and as described in these Terms, our [Privacy Policy](/privacy) and [Student Data Privacy Statement](/studentdata), and if executed by the School and Desmos, our DPA. +**Student Data Access**. You authorize Desmos to access or collect Student Data for the purpose of providing the Services. In the U.S., Desmos shall collect and process Student Data as a School Official with a legitimate educational interest pursuant to FERPA 34 CFR Part 99.31(a)(1). As between the parties, the School or the Student owns and controls the Student Data. Desmos does not own or control, or license such Student Data, except as to provide the Service and as described in these Terms, our [Privacy Policy](/privacy) and [Student Data Privacy Statement](/studentdata), and if executed by the School and Desmos, our DPA. -_Personal Information and Student Data Consents and Authority_. -If you are a School representative, you represent and warrant that you have provided appropriate disclosures to your School and to parents regarding your sharing such personal information with Desmos. Both the School and Desmos hereby agree to uphold their respective obligations under FERPA, the Protection of Pupil Rights Amendment ("**PPRA**"), COPPA and applicable State laws relating to student data privacy, and if executed by your school and Desmos, our [School Data Processing Addendum](/privacy#contact-us). Desmos relies on each School to obtain and provide appropriate consent and disclosures, if necessary, for Desmos to collect any Student Data, including the collection of Student Data directly from Students under the age of 13, or the applicable age of digital majority in the Student’s jurisdiction. We recommend that Schools provide a copy of the Desmos [Student Data Privacy Statement](/studentdata) to each Student’s parent/guardian. Each School hereby agrees to comply with these Terms and all laws and regulations governing the protection of personal information, including children’s information, and the sharing of student education records. +**Personal Information and Student Data Consents and Authority**. If you are a School representative, you represent and warrant that you have provided appropriate disclosures to your School and to parents regarding your sharing such personal information with Desmos. Both the School and Desmos hereby agree to uphold their respective obligations under FERPA, the Protection of Pupil Rights Amendment (**“PPRA”**), COPPA and applicable State laws relating to student data privacy, and if executed by your school and Desmos, our School Data Processing Addendum. Desmos relies on each School to obtain and provide appropriate consent and disclosures, if necessary, for Desmos to collect any Student Data, including the collection of Student Data directly from Students under the age of 13, or the applicable age of digital majority in the Student’s jurisdiction. We recommend that Schools provide a copy of the Desmos [Student Data Privacy Statement](/studentdata) to each Student’s parent/guardian. Each School hereby agrees to comply with these Terms and all laws and regulations governing the protection of personal information, including children’s information, and the sharing of student education records. -_Use of Student Data_. -By submitting or providing us access to Student Data, you agree that Desmos may use the Student Data solely for the purposes of (i) providing the Service, (ii) improving and developing our Service, (iii) enforcing our rights under these Terms, and (iv) as permitted with the School’s consent. **Desmos shall not use Student Data to engage in targeted advertising**. +**Use of Student Data**. By submitting or providing us access to Student Data, you agree that Desmos may use the Student Data solely for the purposes of (i) providing the Service, (ii) improving and developing our Service, (iii) enforcing our rights under these Terms, and (iv) as permitted with the School’s consent. **Desmos shall not use Student Data to engage in targeted advertising.** -_Use of Anonymized Student Data_. -You agree that we may collect and use data derived from Student Data for our own purposes, such as for product development, research analytics, and marketing our Service, provided that (i) such data will be de-identified and/or aggregated to reasonably avoid identification of a specific individual and (ii) Desmos will seek to impose contractual limits on any third parties with access to de-identified data preventing reidentification of de-identified data. +**Use of Anonymized Student Data**. You agree that we may collect and use data derived from Student Data for our own purposes, such as for product development, research analytics, and marketing our Service, provided that (i) such data will be de-identified and/or aggregated to reasonably avoid identification of a specific individual and (ii) Desmos will seek to impose contractual limits on any third parties with access to de-identified data preventing reidentification of de-identified data. -_Use of Personal Information for Marketing_. -You agree that Desmos may provide customized, relevant marketing messaging for Desmos and Desmos partners products and services to Schools or School representatives and teachers from time to time, provided that such advertisements shall not be based on Student Data. For emphasis, and without limitation, Desmos shall never use Student Data to engage in targeted advertising, nor shall Desmos direct advertising to Student users on student.desmos.com. +**Use of Personal Information for Marketing**. You agree that Desmos may provide customized, relevant marketing messaging for Desmos and Desmos partners products and services to Schools or School representatives and teachers from time to time, provided that such advertisements shall not be based on Student Data. For emphasis, and without limitation, Desmos shall never use Student Data to engage in targeted advertising. -_Third-Party Service Providers_. -You acknowledge and agree that Desmos may provide access to Student Data to our employees and service providers, which have a legitimate need to access such information in order to provide their services to us. We and our employees, affiliates, service providers, or agents involved in the handling, transmittal, and processing of Student Data will be required to maintain the confidentiality of such Student Data. +**Third-Party Service Providers**. You acknowledge and agree that Desmos may provide access to Student Data to our employees and service providers, which have a legitimate need to access such information in order to provide their services to us. We and our employees, affiliates, service providers, or agents involved in the handling, transmittal, and processing of Student Data will be required to maintain the confidentiality of such Student Data. -_Student Data Retention and Deletion Requests_. -Schools and teachers may (i) delete all Student Data associated with a teacher’s account by deleting the teacher’s account and (ii), delete specific Student Data associated with the teacher’s account by sending an email to [privacy@desmos.com](mailto:privacy@desmos.com). Desmos shall not be required to delete content that a Student has not associated with the School use. We shall respond to the deletion request as soon as possible, but in most instances within 45 days, other than for data stored in logs and backups which shall be deleted in the ordinary course of business. For inactive accounts, we delete or de-identify Student Data in our possession after a period of dormancy or at the request of a parent or guardian. A parent or guardian seeking to modify, correct, or delete personal information of a Student that is connected to an active School account will be instructed to contact the School to discuss data deletion or modification. We are not required to delete data that has been derived from Student Data so long as it has been anonymized such that it does not reasonably identify an individual. Similarly, we are not required to delete, at a School’s request, any information which a Student or parent / guardian has saved or transferred to a personal account. +**Student Data Retention and Deletion Requests**. Student Data is associated with specific Schools that have signed DPAs with Desmos via the Student’s use of School-based email addresses for logins. Schools may (i) delete Student Data associated with a School and (ii), delete specific Student Data associated with a School by sending an email to [privacy@desmos.com](mailto:privacy@desmos.com). Desmos shall not be required to delete content that a Student has not associated with the School. We shall respond to the deletion request as soon as possible, but in most instances within 45 days, other than for data stored in logs and backups which shall be deleted in the ordinary course of business. For inactive accounts, we delete or de-identify Student Data in our possession after a period of dormancy or at the request of a parent or guardian. A parent or guardian seeking to modify, correct, or delete personal information of a Student that is connected to an active School account will be instructed to contact the School to discuss data deletion or modification. We are not required to delete data that has been derived from Student Data so long as it has been anonymized such that it does not reasonably identify an individual. Similarly, we are not required to delete, at a School’s request, any information which a Student or parent / guardian has saved or transferred to a personal account. -_Data Breach Notification_. -We have implemented administrative, physical and technical safeguards designed to secure Personal Information, including Student Data, from unauthorized access, disclosure and use. In the event we have a reasonable, good faith belief that an unauthorized party has gained access to or been disclosed Student Data (a “**Security Event**”), that we have collected or received through the Service, we will promptly notify the School. If, due to a Security Event which is caused by the acts or omissions of Desmos or its agents, a notification to an individual, organization or government agency is required under applicable privacy laws, the School shall be responsible for the timing, content, and method of any such legally-required notice and compliance with such laws. With respect to any Security Event which is not caused by the acts or omissions of Desmos or its agents, Desmos shall reasonably cooperate with School’s investigation of the Security Event, as School requests, at School’s reasonable expense. Desmos shall be responsible for the timing, content, cost and method of notice and compliance with such laws as they relate to any accounts that are not associated with a School account. +**Data Breach Notification**. We have implemented administrative, physical and technical safeguards designed to secure personal information, including Student Data, from unauthorized access, disclosure and use. In the event we have a reasonable, good faith belief that an unauthorized party has gained access to or been disclosed Student Data (a **“Security Event”**), that we have collected or received through the Service, we will promptly notify the School. If, due to a Security Event which is caused by the acts or omissions of Desmos or its agents, a notification to an individual, organization or government agency is required under applicable privacy laws, the School shall be responsible for the timing, content, and method of any such legally-required notice and compliance with such laws. With respect to any Security Event which is not caused by the acts or omissions of Desmos or its agents, Desmos shall reasonably cooperate with School’s investigation of the Security Event, as School requests, at School’s reasonable expense. Desmos shall be responsible for the timing, content, cost and method of notice and compliance with such laws as they relate to any accounts that are not associated with a School account.

4. Your Responsibilities

You agree: -a. that you are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Desmos Services and for paying all charges related thereto; and +a. That you are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Desmos Services and for paying all charges related thereto; -b. not to use the Desmos Services to: +b. Not to decompile, disassemble or otherwise reverse engineer the Desmos Tools or otherwise use the Desmos Tools to develop functionally similar products or services; and + +c. Not to use the Desmos Services to: > i. violate any third party rights or any local, state, national, or international law or regulation; @@ -94,31 +89,22 @@ b. not to use the Desmos Services to: > v. interfere with or disrupt the Desmos Services or servers or networks connected to the Desmos Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Desmos Services. -

5. Personal, Non-Commercial Use Only for Desmos Tools and Activities

- -You agree to use the Desmos Tools and Activities only (a) as an end user, for your personal, non-commercial use or (b) as a School, for academic use by you and your Students in individual classes. Desmos does, pursuant to a separate written agreement, permit certain third parties (y) to integrate with the Desmos Tools and Activities for commercial use, and (z) to use the graphing calculator to generate graphs for commercial uses (including textbooks). Please contact [partnerships@desmos.com](mailto:partnerships@desmos.com) for more information about entering into a relationship with Desmos that would permit commercial use of the Desmos Tools and Activities. +

5. Personal, Non-Commercial Use Only for Desmos Tools

-

6. User Submissions and General Materials

- -Desmos does not claim ownership of any materials (other than the underlying software and other materials of Desmos and its licensors used to generate such materials), lessons, formulae, information, data, text or other materials you submit and create for display or distribution to others through the Desmos Services, or the graphs generated therefrom (collectively, “**User Submissions and Generated Materials**”). As between Desmos and you, you own all rights to your User Submissions and Generated Materials. You grant to Desmos an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license, with the right to sublicense through multiple tiers, to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display or otherwise use your User Submissions and Generated Materials (in whole or in part) in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any format or medium now known or later developed, without compensation or notification to or permission from the user of any kind. You acknowledge and agree that all right and title in the software code and other material used to create or display your User Submissions and Generated Materials is the property of Desmos, and you hereby assign all right and title in such material to Desmos. Desmos hereby grants you a license to such material (a) as an end user, for your personal, non-commercial use or (b) as a teacher, for academic use by you and your students in individual classes. Desmos does not pre-screen User Submissions and Generated Materials and you agree that you are solely responsible for all of your User Submissions and Generated Materials. Desmos is not required to host, display, or distribute any User Submissions and Generated Materials, and may remove at any time or refuse any User Submissions and Generated Materials. Desmos is not responsible for any loss, theft or damage of any kind to any User Submissions and Generated Materials. You represent and warrant that your User Submissions and Generated Materials, and Desmos' authorized use thereof, do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights). +You agree to use the Desmos Tools only (a) as an end user, for your personal, non-commercial use or (b) as a School, for academic use by you and your Students in individual classes. You may not frame or mirror the Desmos Tools without our prior consent. Desmos does, pursuant to a separate written agreement, permit certain third parties to integrate with the Desmos Tools for commercial use. Please contact [partnerships@desmos.com](mailto:partnerships@desmos.com) for more information about entering into a relationship with Desmos that would permit commercial use of the Desmos Tools. -

7. Special Terms for Schools

+Notwithstanding the above, you are authorized to distribute that Content (defined below) which consists of images generated using the Desmos Tools from your User Submissions and Generated Content under a Creative Commons “Attribution-ShareAlike” License ([CC-BY-SA-4.0](https://creativecommons.org/licenses/by-sa/4.0/)), with attribution to include reference to “Desmos”, “Desmos Studio PBC” or the Desmos logo. -a. _Fees_. -If Desmos makes any Desmos Service available without charging a fee, then Desmos will not thereafter charge a fee to Schools to use such existing Desmos Service. The foregoing will not, however, prohibit Desmos from removing support for any Desmos Service or from charging a fee for any new Desmos Services that are complementary to, or may be used together with, such existing Desmos Service. - -b. _Activity Sharing_. -At the time you, as a School user, submit to Desmos an activity you’ve developed using the Desmos Activity Builder (an “**Activity**”), you may elect to make your Activity public. If you do so, then you expressly authorize Desmos to (i) make your Activity available to other Schools for use in individual classes with other students, (ii) allow other School users to copy and modify your Activity and use the modified version in individual classes with other students and (iii) modify your Activity and make the modified version available to other School users for use in individual classes with other students. In the case of any such use of your Activity (whether unmodified or modified), you will receive an attribution credit. If you elect to make your Activity public, in no event will Desmos authorize any third party to sell your Activity to others, nor will Desmos sell your activity itself, without your permission. +

6. User Submissions and General Materials

-c. _Desmos Curriculum_. -The Desmos Math Curriculum is available for purchase by Schools. Please contact to [curriculum@desmos.com](mailto:curriculum@desmos.com) for pricing and other information regarding usage of the Desmos Math Curriculum. +Desmos does not claim ownership of any materials (other than the underlying software and other materials of Desmos and its licensors used to generate such materials), lessons, formulae, information, data, text or other materials you submit and create for display or distribution to others through the Desmos Services, or the graphs generated therefrom (collectively, **“User Submissions and Generated Materials”**). As between Desmos and you, you own all rights to your User Submissions and Generated Materials. You grant to Desmos an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license, with the right to sublicense through multiple tiers, to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display or otherwise use your User Submissions and Generated Materials (in whole or in part) in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any format or medium now known or later developed, without compensation or notification to or permission from the user of any kind. You acknowledge and agree that all right and title in the software code and other material used to create or display your User Submissions and Generated Materials is the property of Desmos, and you hereby assign all right and title in such material to Desmos. Desmos hereby grants you a license to such material (a) as an end user, for your personal, non-commercial use or (b) as a teacher, for academic use by you and your students in individual classes. Desmos does not pre-screen User Submissions and Generated Materials and you agree that you are solely responsible for all of your User Submissions and Generated Materials. Desmos is not required to host, display, or distribute any User Submissions and Generated Materials, and may remove at any time or refuse any User Submissions and Generated Materials. Desmos is not responsible for any loss, theft or damage of any kind to any User Submissions and Generated Materials. You represent and warrant that your User Submissions and Generated Materials, and Desmos' authorized use thereof, do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights). - + Desmos respects the intellectual property rights of others. Accordingly, Desmos has a policy of removing User Submissions and Generated Materials that violate copyright law, and, in appropriate circumstances, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of copyright law, and/or terminating the account of any user who uses the Services in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, Desmos has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright is being infringed by a user of the Desmos Services, please provide written notice to the following Desmos agent for notice of claims of copyright infringement.
-Desmos, Inc.
+Desmos Studio, PBC
 ATTN: Eli Luberoff, Copyright Agent
 9450 SW Gemini Dr
 PMB 49136
@@ -133,57 +119,55 @@ Your written notice must: (a) contain your physical or electronic signature; (b)
 
 In addition, if you believe that any User Submissions and Generated Materials contain abusive or cyberbullying material, please contact us at: [info@desmos.com](mailto:info@desmos.com). Desmos has a policy of removing any such material.
 
-

9. Feedback

+

8. Feedback

-If you choose to provide technical, business or other feedback to Desmos concerning the Desmos Services or any Desmos products or services (collectively, “**Feedback**”), Desmos will be free to use such Feedback without restriction. You understand and agree that the incorporation by Desmos of Feedback into any of its products or services does not grant you any proprietary rights therein. +If you choose to provide technical, business or other feedback to Desmos concerning the Desmos Services or any Desmos products or services (collectively, **“Feedback”**), Desmos will be free to use such Feedback without restriction. You understand and agree that the incorporation by Desmos of Feedback into any of its products or services does not grant you any proprietary rights therein. -

10. Termination and Suspension

+

9. Termination and Suspension

Without limiting other remedies, Desmos may terminate or suspend your Desmos Services membership or suspend your access to all or part of the Desmos Services without notice if Desmos believes that you have violated these Terms or have engaged in conduct that violates applicable law or is otherwise harmful to the interests of Desmos, any other Desmos Services user, or any third party. You may discontinue your use of the Desmos Services at any time. -

11. Fees

+

10. Fees

-Subject to [Section 7.a](#schools) of these Terms, Desmos reserves the right to charge fees for access to new Desmos Services. In no event will you be charged for access to any new Desmos Services, unless Desmos obtains your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, Desmos may prohibit your access to that paid content or services. Details regarding the services you will receive in exchange for the payment of fees, as well as any payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees. All such terms will be deemed to be a part of (and are hereby incorporated by reference into) these Terms. +If Desmos makes any Desmos Service available without charging a fee, then Desmos will not thereafter charge a fee to Schools to use such existing Desmos Service. The foregoing will not, however, prohibit Desmos from removing support for any Desmos Service or from charging a fee for any new Desmos Services that are complementary to, or may be used together with, such existing Desmos Service. Subject to the foregoing, Desmos reserves the right to charge fees for access to new Desmos Services. In no event will you be charged for access to any new Desmos Services, unless Desmos obtains your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, Desmos may prohibit your access to that paid content or services. Details regarding the services you will receive in exchange for the payment of fees, as well as any payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees. All such terms will be deemed to be a part of (and are hereby incorporated by reference into) these Terms. -

12. Password and Security

+

11. Password and Security

You are responsible for maintaining the confidentiality of your Desmos Services password, and you are solely responsible for all activities that occur under your password. You agree to immediately notify Desmos of any unauthorized use of your password or any other breach of security related to the Desmos Services. Desmos may require you to alter your password if Desmos believes that your password is no longer secure. -

13. Third Party Services

+

12. Third Party Services

-Desmos may integrate with or provide links to certain third party Internet sites and services (collectively, such third parties, “**Linked Partners**”). The Linked Partner services made available through the Desmos Services or the integration of such sites and services with the Desmos Services are for your convenience only and do not signify the endorsement by Desmos of such Partner sites or services. +Desmos may integrate with or provide links to certain third party Internet sites and services (collectively, such third parties, **“Linked Partners”**). The Linked Partner services made available through the Desmos Services or the integration of such sites and services with the Desmos Services are for your convenience only and do not signify the endorsement by Desmos of such Partner sites or services. +j -

14. Disclaimer and Limitations of Liability

+

13. Disclaimer and Limitations of Liability

**a. You agree that use of the Desmos services is at your sole risk. The Desmos services are provided on an “as is” and “as available” basis. Desmos expressly disclaims all warranties of any kind, whether express or implied, with respect to the Desmos services and all services provided by any of our partner (whether api partners, linked partners, or otherwise), including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement. You acknowledge that access to data and materials (including, but not limited to, your or others’ user submissions and generated materials) available through the Desmos services is not guaranteed and that Desmos will not be responsible to you for any loss of data or materials caused by the Desmos services or their unavailability. You understand and agree that any data, materials, services and/or information downloaded or otherwise obtained through the use of the Desmos services is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom.** **b. Under no circumstances will Desmos or its officers, employees, directors, shareholders, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any damages whatsoever, including direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of money, revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your (or anyone using your account's) use of the Desmos services.** -**c. If, notwithstanding these Terms, Desmos is found to be liable to you or any third party in connection with your use of the Desmos services, the total liability of Desmos and its officers, employees, directors, shareholders, agents, or licensors to you or to any third party is limited to one hundred U.S. Dollars (\$100).** +**c. If, notwithstanding these Terms, Desmos is found to be liable to you or any third party in connection with your use of the Desmos services, the total liability of Desmos and its officers, employees, directors, shareholders, agents, or licensors to you or to any third party is limited to one hundred U.S. Dollars ($100).** -d. _Exclusions And Limitations_. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Desmos may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Desmos’ liability will be the minimum permitted under such applicable law. +d. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Desmos may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Desmos’ liability will be the minimum permitted under such applicable law. -

15. Indemnification

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14. Indemnification

You agree to indemnify, defend, and hold harmless Desmos and its officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms. Desmos reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Desmos’ defense of such claim. -

16. Intellectual Property

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15. Intellectual Property

-“Desmos” and the Desmos logo, and certain other of the names, logos, and materials displayed in the Desmos Services, may constitute trademarks, trade names, or service marks (“**Marks**”) of Desmos or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Desmos or those other entities. The content on the Desmos Services (the “**Content**”), including without limitation, the software, graphs, text and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Desmos or its licensors. Other than with respect to your own User Submissions and Generated Materials, (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Desmos and its applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content. +“Desmos”, the Desmos logo, and certain other of the names, logos, and materials displayed in the Desmos Services, may constitute trademarks, trade names, or service marks (**“Marks”**) of Desmos or other entities. You are not authorized to use any such Marks, except as specified by Desmos. Ownership of all such Marks and the goodwill associated therewith remains with Desmos or those other entities. The content on the Desmos Services (the **“Content”**), including without limitation, the software, graphs, text and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Desmos or its licensors, and with respect to your User Submissions and Generated Materials therein, by you. Other than with respect to your own User Submissions and Generated Materials, (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Desmos and its applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content. Notwithstanding the foregoing restrictions, Desmos hereby authorizes you to distribute that Content which consists of images generated using Desmos Tools from your User Submissions and Generated Content under a Creative Commons “Attribution-ShareAlike” License ([CC-BY-SA-4.0](https://creativecommons.org/licenses/by-sa/4.0/)), with attribution to include reference to “Desmos”, “Desmos Studio PBC” or the Desmos logo. -

17. Miscellaneous

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16. Miscellaneous

-_Entire Agreement_. -These Terms, our [Privacy Policy](/privacy), our [Student Data Privacy Statement](/studentdata), and, if executed by your school and Desmos, our [School Data Processing Addendum](/privacy#contact-us), together with any additional terms to which you agree when using particular elements of the Desmos Services (e.g., terms relating to the payment of fees for certain Desmos Services), constitute the entire and exclusive and final statement of the agreement between you and Desmos with respect to the subject matter hereof, and govern your use of the Desmos Services, superseding any prior agreements or negotiations between you and Desmos with respect to the subject matter hereof, other than to the extent expressly overridden by a written agreement with Desmos. +a. **Entire Agreement**. These Terms, our [Privacy Policy](/privacy), our [Student Data Privacy Statement](/studentdata), and, if executed by your school and Desmos, our School Data Processing Addendum, together with any additional terms to which you agree when using particular elements of the Desmos Services (e.g., terms relating to specific Desmos contests or the payment of fees for certain Desmos Services), constitute the entire and exclusive and final statement of the agreement between you and Desmos with respect to the subject matter hereof, and govern your use of the Desmos Services, superseding any prior agreements or negotiations between you and Desmos with respect to the subject matter hereof, other than to the extent expressly overridden by a written agreement with Desmos. -_Governing Law_. -These Terms and the relationship between you and Desmos will be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Desmos Services will be brought in the Federal or State courts located in San Francisco County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. +b. **Governing Law**. These Terms and the relationship between you and Desmos will be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Desmos Services will be brought in the Federal or State courts located in San Francisco County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. -_Additional Terms_. -The failure of Desmos to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Desmos and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Desmos Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will remain in full force and effect notwithstanding any termination of your use of the Desmos Services. If access to the Desmos Services is licensed to the United States government or any agency thereof, then the Desmos Services will be deemed to be “commercial computer software” and “commercial computer software documentation,” pursuant to DFARS Section 227.7202 and FAR Section 12.212, respectively, as applicable. Any use, reproduction, release, performance, display, or disclosure of the Desmos Services and any accompanying documentation by the U.S. Government will be governed solely by these Terms and is prohibited except to the extent expressly permitted by these Terms. +c. **Additional Terms**. The failure of Desmos to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Desmos and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Desmos Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will remain in full force and effect notwithstanding any termination of your use of the Desmos Services. If access to the Desmos Services is licensed to the United States government or any agency thereof, then the Desmos Services will be deemed to be “commercial computer software” and “commercial computer software documentation,” pursuant to DFARS Section 227.7202 and FAR Section 12.212, respectively, as applicable. Any use, reproduction, release, performance, display, or disclosure of the Desmos Services and any accompanying documentation by the U.S. Government will be governed solely by these Terms and is prohibited except to the extent expressly permitted by these Terms. -

18. Modifications To Terms and Services

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17. Modifications To Terms and Services

-a. _Modifications_. These Terms may be revised periodically and this will be reflected in the “date last modified” set forth below. Your continued use of the Desmos Services following such an update constitutes your agreement to the revised Terms. You can see the history of the changes to our Terms [here](https://github.com/desmosinc/policies). If you object to any such changes, your sole recourse will be to cease using the Desmos Services. Continued use of the Desmos Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Desmos reserves the right to modify or discontinue the Desmos Services with or without notice to you. +a. **Modifications**. These Terms may be revised periodically and this will be reflected in the “date last modified” set forth below. Your continued use of the Desmos Services following such an update constitutes your agreement to the revised Terms. You can see the history of the changes to our Terms [here](https://github.com/desmosinc/policies). If you object to any such changes, your sole recourse will be to cease using the Desmos Services. Continued use of the Desmos Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Desmos reserves the right to modify or discontinue the Desmos Services with or without notice to you. -b. _Date Last Modified_. These Terms were last modified on November 1, 2021. +b. **Date Last Modified**. These Terms were last modified on August 22, 2023. diff --git a/third-party-services.md b/third-party-services.md index e0e5d68..e9e9556 100644 --- a/third-party-services.md +++ b/third-party-services.md @@ -9,7 +9,7 @@ Here is the list of third party services that we might share your information wi - **[Google Analytics](https://www.google.com/analytics/)**: Our [Help Center](https://help.desmos.com/) pages are hosted by [Zendesk](https://www.zendesk.com/), which uses Google Analytics for monitoring aggregate usage data. - **[Google Sign-In](https://developers.google.com/identity/sign-in/web/sign-in)**: We use Google Sign-In as an option for authentication to our websites and apps. - **[Heroku](https://heroku.com/)**: Heroku hosts some of our databases. -- **[Looker](https://looker.com/)**: We use looker for granular usage statistics and "Business Intellegence." +- **[Looker](https://looker.com/)**: We use looker for granular usage statistics and “Business Intellegence.” - **[MongoDB](https://mongodb.com/)**: MongoDB hosts some of our databases. - **[Zendesk](https://zendesk.com)**: Zendesk hosts support.desmos.com and powers some of our support messaging and documentation.