Terms of Service Agreement for DardenPlus! Course Builder
This Terms of Service Agreement (the "Agreement") describes the terms and conditions by which Darden Business Publishing (“DardenPlus! Course Builder,” “we,” or “our”), an affiliate of The University of Virginia Darden School of Business Administration (“Darden”), offers products and services (collectively, the “Services”), provided directly by Study.Net Corporation (“Study.Net”) under the terms of a License Agreement between Darden and Study.Net, to you as a registered user (“Student,” “Instructor,” “Coordinator,” “User,” or “you”) and permission to use this website https://darden.study.net (the "Website" or “Site”).
Please read the Agreement carefully and print a copy for your records.
By registering as a User, and using the Services and Website to create, deliver, manage, and/or use a collection of learning materials obtained from multiple sources (“Content Bundle”), you accept this Agreement and consent to its terms and conditions electronically.
If you are an entity other than a natural person, the person who registers the account or otherwise uses the Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.
We may update this Agreement by posting a revised version on the Website. By continuing to use the Services, you accept any revised Agreement.
License to Use DardenPlus! Course Builder
We grant to you a limited, non-exclusive, non-transferable license to use DardenPlus! Course Builder for your own personal and commercial purposes. This license may not be assigned or sublicensed to anyone else, without DardenPlus! Course Builder’s express written consent. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE SERVICES OR WEBSITE NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
You agree that you will not: (a) use this Website to reproduce copyrighted material; (b) reproduce DardenPlus! Course Builder’s Website (legally that’s known as engaging in activity that would reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Website); or (c) engage in any activity that would interfere with or damage or harm the Website or Services rendered.
DardenPlus! Course Builder is a web-based application that enables Instructors to identify, organize, and digitally deliver learning material from multiple sources to Students for their personal and/or educational use. This learning material may include: a) copyright content from established publishers and authors; b) free public content; and c) material uploaded directly by Instructors and/or their schools or business organizations (collectively called the “Content”). The Services and Website further facilitate: a) the enhancement (or personalization) of material for an Instructor’s unique requirements, b) the collection and reporting of detailed usage data and c) the collection of royalty fees for, and payment of such fees to, the rightsholders of copyright material.
DardenPlus! Course Builder is neither an educational institution nor an original publisher. As such, DardenPlus! Course Builder is not responsible for interactions between Instructors and Students. DardenPlus! Course Builder is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Instructor/Student relationship.
Further, should the Services involve any third party content, you agree that DardenPlus! Course Builder is not responsible in any way for such content, and makes no representations or guarantees as to its merchantability or fitness of use. The materials that comprise a Content Bundle are the sole responsibility of the Instructors or their representatives who created that Content Bundle.
All of the Services provided by DardenPlus! Course Builder shall be covered by this Agreement. The features available to you that comprise the Services may change from time to time, without notice.
Registration is required to use DardenPlus! Course Builder as a User. It ensures that each user will see the resources that address their particular needs. Registered Users must affiliate with a school or business organization. Registration requires a User’s name, email address, password, and their school/organization affiliation.
You agree to provide and maintain all information required by DardenPlus! Course Builder for registration and, in the event any information is not true, accurate, or complete, you agree that Course Builder has the right to suspend or terminate your account and refuse any and all use of our Services.
During registration, all Users must request affiliation with a school or business organization. This affiliation will allow Users to view the Website and use the Services associated with a specific school or organization. Users are allowed to have multiple affiliations.
DardenPlus! Course Builder recognizes three (3) types of User, each with different privileges (“Role”):
For Users with multiple affiliations, roles are independent. This means that a User affiliated with two schools, for example, could have different roles for each affiliation.
Upon registration, DardenPlus! Course Builder users are automatically assigned the role of STUDENT with any affiliation. The Student role allows a User to purchase (or otherwise access) Content Bundles associated with their affiliated school or organization.
During registration, or later, any User may request the role of INSTRUCTOR. The Instructor role is granted to educators who work at a school or organization in a verified, official capacity.
The third DardenPlus! Course Builder role of COORDINATOR is assigned to users responsible for the administration and use of Study at a specific school or organization.
As a registered User, you agree not to request a role for which you have no legitimate authority to request. Any fraudulent request many lead to immediate termination of your registration as a User and access to the Website and Services.
You must be at least 16 years old or the applicable age of majority in your jurisdiction, whichever is greater, to create a User account or otherwise use the Services. If you wish to use the Services for a commercial purpose, you must be at least 18 years old. Individuals under the applicable age may use the Services only through a parent or legal guardian’s account and with their involvement. Please have that person read this Agreement with you and consent to it before proceeding.
By granting your child permission to use the Services through your account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.
You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
DardenPlus! Course Builder allows authorized Users to create Content Bundles with material from multiple sources, for digital delivery to, and use by, registered Students. Further, creators of Content Bundles may use the Services to upload Content to DardenPlus! Course Builder for use in a Content Bundle and/or enhance (i.e. personalize) Content for their unique requirements. By using the Services, You agree to meet certain standards of conduct, as set forth below.
You acknowledge that DardenPlus! Course Builder may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. DardenPlus! Course Builder may also take all appropriate actions to enforce its rights including removing content or suspending or removing your account.
You may only upload content that you have the right to upload and use. Copyright owners may send DardenPlus! Course Builder a takedown request if they believe DardenPlus! Course Builder is hosting material that infringes a copyright. DardenPlus! Course Builder reserves the right to remove any Content that it deems offensive, in violation of any applicable law, or in violation of copyright protection.
For each piece of Content that you submit to or through DardenPlus! Course Builder, you represent and warrant that:
- You have the right to upload Content to DardenPlus! Course Builder and grant the licenses herein;
- DardenPlus! Course Builder will not need to obtain licenses from any third party or pay royalties to any third party with respect to permitted use and distribution of the content;
- The content does not, and will not, infringe any third party's rights, including intellectual property rights, rights of publicity, moral rights, and privacy rights; and
- The content complies with this Agreement and all applicable laws.
By using this Site, you represent, warrant and agree that you will not:
No Illegal Activity: use the Services or Website to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
No Malware: use the Services or the Website to transmit, distribute, send, etc. viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner;
No Unauthorized Access: attempt to gain unauthorized access to other computer systems through this Site;
No Privacy Violations: engage in any Internet activities that would violate the privacy rights of others;
No Impersonation of DardenPlus! Course Builder or its Employees: impersonate any person or entity or misrepresent your affiliation with any other person or entity;
No Spamming or Data Mining: engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping," or any other activity with the purpose of obtaining a list of users or other information via this Site;
No Use Other Than Intended: use the Services, the Website or any Content contained on the Website for any purposes other than intended.
Impair Website: use this Website in any manner that could damage, disable, overburden, or impair this Site or interfere with any other party's use and enjoyment of this Site.
You may not create an account if you are a member of a terror or hate group. You may not purchase any goods or services from us if you reside in a country subject to a comprehensive U.S. sanctions program or are a Specifically Designated National (SDN) as designated by the U.S. Department of the Treasury.
Payments and Refunds
DardenPlus! Course Builder charges a per Student User fee for the use of its Services and Website. This fee may be paid directly by Student Users or, alternatively, by Schools and Organizations on their behalf. DardenPlus! Course Builder’s fee is determined by the number of materials in a Content Bundle, and the copyright cost, as determined by the content rightsholders, of these materials.
Direct payments are collected via an e-commerce transaction at the time User access is provided to a Content Bundle. Payments from schools and organizations are due upon receipt of an invoice. Refunds are offered in accordance with DardenPlus! Course Builder’s refund policy, posted on the Website.
DardenPlus! Course Builder reserves the right to change its User fees and refund policy, at its sole discretion at any time.
You agree that DardenPlus! Course Builder has a license, subject to certain limitations, to store, manage, transfer, and print the content provided on this Website. All title and intellectual property rights in and to the content provided on this Site is the property of the respective content rightsholders and may be protected by the applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.
Content on the Website, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement (collectively, "DardenPlus! Course Builder Content") is and remains DardenPlus! Course Builder’s sole property, exclusive of content provided by Users or third party sources, which is owned by the rightsholders of such content.
DardenPlus! Course Builder authorizes you to use its Services and Website only if you agree to comply with the intellectual property rights and royalty obligations associated with DardenPlus! Course Builder’s Services and all content, from any source, made available on the Website.
Subject to the provisions of this Agreement, and unless confirmed in writing, DardenPlus! Course Builder grants no other right, title, ownership, license, or other property interest in its Services or Website, exclusive of the rights to content provided by Users or third party sources, which is owned by the rightsholders of such content.
Copyright Content on the Website, provided by third-party publishers and authors, is the exclusive property of these publishers and authors, or their assigned rightsholders. It may be used by you only if you agree to comply with the intellectual property rights and royalty obligations associated with this content.
Content that you upload to the DardenPlus! Course Builder Website, or distribute to Users directly, is and remains your content. DardenPlus! Course Builder does not claim any intellectual property rights over the materials you upload to the Website by virtue of your use of the Services. By uploading your content to the Website, you agree that:
Unless otherwise required by DardenPlus! Course Builder’s Royalty Terms Agreement for content you upload to the Website, you agree that your content does not infringe upon anyone else’s intellectual property rights and that you have secured or obtained or received all necessary rights and permissions, as necessary, from any third parties who may own the content.
DardenPlus! Course Builder understands the importance of protecting intellectual property from infringement. Under the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), DardenPlus! Course Builder has set out the following policy:
If DardenPlus! Course Builder has a good faith belief that any Content appearing on its Website violates any copyrights or has been illegally copyrighted, DardenPlus! Course Builder reserves the right to remove, block, or otherwise ‘take down’ the content. We also reserve the right to remove from the Website any Users who are repeat offenders of the DardenPlus! Course Builder DMCA policy
If you believe that Content appearing on the DardenPlus! Course Builder Website violates your intellectual property, you should send a notice to DardenPlus! Course Builder (by physical mail or email) at the following address:
Darden Business Publishing
Attention: Copyright Department
PO Box 6550
100 Darden Boulevard
Charlottesville, VA 22906-6550
If you send DardenPlus! Course Builder a notice regarding any claimed infringements, your notice must contain the following information:
A physical or electronic signature from the rightsholder or a person authorized to act on behalf of the rightsholder of the copyright that has been allegedly infringed.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material/works/content that is claimed to be infringing that you want to see removed. This identification should include a location (URL) and other details sufficient to allow DardenPlus! Course Builder to find and review this material on the DardenPlus! Course Builder Website.
Your contact information, including your address, telephone number, and email address, so that we may be able to contact you.
A statement by you that you have a good faith belief that the use of the material/works/content are not authorized by the rightsholder or their legal representative.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Term and Termination
This Agreement begins when you first use the Services and continues so long as you use our Service or have an account with us, whichever is longer. DardenPlus! Course Builder may terminate this Agreement at any time by providing thirty (30) days’ written notice, and Users may terminate at any time by deleting their accounts.
If you breach this Agreement, DardenPlus! Course Builder may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account or any content within it; and (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If DardenPlus! Course Builder deletes your account for breach, you may not re-register.
DARDENPLUS! COURSE BUILDER PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and internet access.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, DARDENPLUS! COURSE BUILDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, DardenPlus! Course Builder makes no representations or warranties:
- That the Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, completely secure, or accessible from all devices or browsers;
- Concerning any content submitted by or actions of our Users;
- That any digital rights management solution that we might offer will be effective;
- That the Services will meet your education or professional needs;
- That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or
- Concerning any third-party websites and resources.
You will indemnify and hold us, our directors, officers, employees, affiliates, agents, contractors and licensors harmless with respect to any suits or claims arising out (a) your breach of this Agreement, including but not limited to, any infringement by you of the copyrights or intellectual property rights of any third party; or (b) your use or misuse of the Website.
Limits of Liability
To the extent permitted by the applicable law or jurisdiction, in no event will DardenPlus! Course Builder be liable to You for indirect, general, special, incidental, consequential, exemplary or other damages (including, without limitation damages for loss of profits, business interruption, corruption of files, loss of business information or any other pecuniary loss) even if we have been advised of the possibility of such damages. No oral or written information or advice given by us or others will create a warranty and neither you nor any third party may rely on any such information or advice. This exclusion of liability shall apply notwithstanding the breach of a fundamental term or condition of this agreement.
DardenPlus! Course Builder’s entire liability shall not exceed the amounts paid by you to DardenPlus! Course Builder over the twelve (12) months preceding your claim(s) or one hundred dollars (USD $100), whichever is greater.
Disputes, Choice of Law and Arbitration
If you are dissatisfied with the Services for any reason, please contact first so that we can try to resolve your concerns without the need for outside assistance.
Choice of Law
Any disputes relating to this Agreement or your use of the Services will be governed by the laws of Virginia and the United States of America (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law.
Any dispute, controversy, proceeding, or claim arising out of or in connection with or relating to this Agreement, shall be resolved by binding confidential arbitration by JAMS pursuant to its Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. You also agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of DardenPlus! Course Builder to any such proceeding.
Choice of Venue for Arbitration
The arbitration will be conducted in Albemarle County, Virginia, unless you and DardenPlus! Course Builder agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing DardenPlus! Course Builder from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, dilution, or violation of our data security, intellectual property rights, or other proprietary rights
Jury Trial Waiver
You and DardenPlus! Course Builder agree to waive the right to trial by jury. You further agree that any proceedings to resolve any disputes shall be done solely on an individual basis and that you will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you act or propose to act in a representative capacity.
Reservation of Rights, Severability
DardenPlus! Course Builder reserves all rights not expressly granted herein. DardenPlus! Course Builder’s rights and remedies are cumulative. No failure or delay by DardenPlus! Course Builder in exercising any right will waive any further exercise of that right. If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed.
Course Builder will not be liable for any delay or failure caused by (a) acts of God/natural disasters (including hurricanes and earthquakes); (b) disease, epidemic, or pandemic; (c) terrorist attack, civil war, civil commotion or riots, armed conflict, sanctions or embargoes; (d) nuclear, chemical, or biological contamination; (e) collapse of buildings, fire, explosion, or accident; (f) labor or trade strikes; (g) interruption, loss, or malfunction of a utility, transportation, or telecommunications service; (h) any order by a government or public authority, including a quarantine, travel restriction, or other prohibition; or (i) any other circumstance not within Course Builder’s reasonable control, whether or not foreseeable (each a “force majeure event”). In the event of a force majeure event, Course Builder shall be relieved from full performance of any contractual obligation until the event passes or no longer prevents performance.
DardenPlus! Course Builder is an independent service provider. Neither you nor DardenPlus! Course Builder is an agent, partner, or related party of the other. You may not assign this Agreement to any person whose account has been terminated by DardenPlus! Course Builder or who is prohibited from registering; any such assignment will be void.
DardenPlus! Course Builder may provide links to and integrations with websites operated by others. The website operator, not DardenPlus! Course Builder, is solely responsible for the content thereof, and your use of each such website will be subject to its terms of service. We may disable integrations with any third party at any time, with or without notice. Except as expressly stated herein, nothing in this Agreement confers any right on any third party.
This Agreement constitutes the entire understanding between you and DardenPlus! Course Builder and supersedes all prior understandings regarding your use of DardenPlus! Course Builder’s Services and website, except as modified in writing by authorized representatives of DardenPlus! Course Builder. If you have a signed agreement with DardenPlus! Course Builder, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.
We may from time to time modify this Agreement of use and will post a copy of the amended Agreement on this Website. If you do not agree to, or cannot comply with this Agreement as amended, you should not use this Website. You will be deemed to have accepted this Agreement as amended if you continue to use this Website after any amendments are posted on this Website.
You must send any notices of a legal nature to us by email or at:
Darden Business Publishing
Darden School of Business
PO Box 6550
100 Darden Boulevard
Charlottesville, VA 22906-6550
BY USING THIS WEBSITE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT ANY RESERVATIONS, MODIFICATIONS, ADDITIONS, OR DELETIONS, AND WHETHER OR NOT YOU HAVE READ THEM. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE. YOU MAY BE DENIED ACCESS TO THE WEBSITE WITH OR WITHOUT PRIOR NOTICE IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT.
October 7, 2020
Royalty Terms for DardenPlus! Course Builder
This Royalty Terms Agreement ("Agreement") for users of DardenPlus! DardenPlus! Course Builder ("DardenPlus! Course Builder") describes the terms and conditions that guide the assignment, collection, and disbursement of royalty fees that may be requested by registered DardenPlus! DardenPlus! Course Builder Instructors or Coordinators (‘You" or "Your") for the use of user-sourced copyright material ("Royalty Content") in a DardenPlus! Course Builder Content Bundle or Library Collection.
By using DardenPlus! Course Builder to deliver Royalty Content that requires: a) an assignment of a royalty; b) collection of the assigned royalty from students who use the material; and c) disbursement of the collected royalty fees to the content rightsholder(s); You accept this Agreement and acknowledge the following terms and conditions are true.
If You are acting on behalf of an entity other than a natural person, You must have the authority to represent the entity or otherwise act on its behalf.
We may update this Agreement by posting a revised version on our website. By continuing to use DardenPlus! Course Builder’s services, You accept any revised Agreement.
You have permission to use the Royalty Content, as either the rightsholder of this material, or as the recipient of permission from the rightsholder(s) of this material.
You have correctly identified the author of the Royalty Content and properly assigned any required copyright royalties to the rightsholder(s) of this material.
Other than what has already been identified to DardenPlus! Course Builder, the Royalty Content is not subject to copyright protection or a claim of authorship by any other party. You agree to protect DardenPlus! Course Builder against any and all copyright claims or disputes of authorship that may arise as a result of DardenPlus! Course Builder distributing this material for Your benefit.
DardenPlus! Course Builder will store the Royalty Content in a secure database and use its best commercial efforts to protect this material from unauthorized access. DardenPlus! Course Builder will remove this material from its database if the use of the Royalty Content by DardenPlus! Course Builder or its registered users is unlawful in any manner.
DardenPlus! Course Builder agrees to collect the assigned copyright royalty for use of the Royalty Content from each student (or school in the case of central payment) who obtains or is provided electronic access to this material through the DardenPlus! Course Builder website.
You understand that DardenPlus! Course Builder will add a distribution fee to the Royalty Content, equal to 25% of the total material price charged for the delivery and use of this material. DardenPlus! Course Builder will retain the distribution fee as payment for its services, which include, but are not limited to: 1) electronic distribution; 2) ecommerce processing; 3) royalty reporting and payment; and 4) customer service.
As a result of DardenPlus! Course Builder’s 25% distribution fee, You understand that the assigned copyright royalty fee for the Royalty Content will equal 75% of the total material price charged for the delivery and use of this material by registered student users.
DardenPlus! Course Builder agrees to remit to the identified rightsholder, within 45 days of the end of each calendar quarter, a usage report and the collected royalty fees for student access to the Royalty Content. Remittance shall be provided as a check or ECH transfer in US dollars.
You understand that students, who have authorized access to the Royalty Content, may print a personal copy of the material or purchase a printed copy from DardenPlus! Course Builder (as an optional printed TEXTPAK) or from an authorized print service provider at an additional cost. I agree that there is no additional royalty fee associated with a personal print copy or DardenPlus! Course Builder’s printed TEXTPAK alternatives.
I understand that DardenPlus! Course Builder will take reasonable efforts to protect unauthorized distribution of the Royalty Content but can provide no guarantee that students won't share electronic access or print unauthorized copies of this material.
October 12, 2020
Data privacy is very important to DardenPlus! Course Builder ("DardenPlus!" or "Course Builder") so we want to be open and transparent about our processing of your personal data, which may include your name, email address, school or organization affiliation, user role, and certain purchase transaction and website usage information ("Personal Data"). Our policy describing how your Personal Data is processed and protected is outlined below.
We respect your privacy. All Personal Data collected on our website is used solely to manage your experience as a user. We never share or sell your Personal Data.
Your login information (email and password) is easy to modify at any time by clicking on the tab titled, My Profile, located in the navigation menu. You may also delete your user information at any time.
Financial information is used only by third-party secure intermediaries (PayPal and its subsidiaries) to process order transactions. At no time, does DardenPlus! Course Builder have access to or save your financial information.
We use temporary session cookies to manage your online experience. Please access your browser's security settings to manage these cookies.
Who is the controller of your Personal Data?
DardenPlus! Course Builder is managed by Study.Net Corporation ("Study.Net"), a US company incorporated in the State of California. DardenPlus! and Study.Net are the controllers of the Personal Data you submit to us and is responsible for your Personal Data under all applicable data protection laws.
Where do we store your Personal Data?
We store and process your Personal Data and encrypted user activity on our servers in the United States. Darden Plus! and Study.Net will minimize the storage of your Personal Data to the extent that storage is required to serve the purpose(s) for which the Personal Data was processed, to resolve disputes, enforce our agreements, and as required or permitted by law.
What types of Personal Data are being collected?
The types of information we collect depend on whether you created a DardenPlus! Course Builder account and whether you are logged in or not. We collect personal data from you when you voluntarily provide information to us, complete a transaction or, in case of usage data, we collect data automatically when you visit the DardenPlus! Course Builder website.
Who has access to your Personal Data?
We never share, sell or swap your Personal Data for marketing purposes to third parties outside DardenPlus! Course Builder. Certain Personal Data that is obtained by third parties is only used to facilitate the services we provide to you (i.e., transaction processing).
What is the legal basis for processing your Personal Data?
For the processing of your Personal Data, we will inform you when the provision of Personal Data is statutory or required to complete an activity and the possible consequences if you choose not to do so.
What are Your Rights?
Right to access
You have the right to request information about the Personal Data we hold on you at any time. You can contact DardenPlus! Course Builder about your saved Personal Data via e-mail at: email@example.com.
Right to portability
Whenever DardenPlus! Course Builder processes your Personal Data by automated means based on your consent or based on your agreement with a third-party, you have the right to get a copy of your Personal Data in a structured, commonly used and machine-readable format transferred to you or to another party. This only includes the Personal Data you have submitted to us.
Right to update data
You have the right to update your Personal Data if is incorrect, including the right to have incomplete Personal Data completed. As a registered DardenPlus! Course Builder user you can edit your Personal Data under the tab titled, My Profile. Your right to access and update shall be limited only when the burden or expense of providing access would be disproportionate to the risks to your privacy in the case in question, or where the rights of persons other than you would be violated.
When access to your data may be denied
- denial of access is required or authorized by law
- granting access would have a negative impact on the privacy of others
- to protect our rights and properties
- when the request is frivolous
Right to deletion
You have the right to delete any Personal Data processed by DardenPlus! Course Builder at any time except in the following situations.
- you have an ongoing matter with our customer service
- you have an open order which has not yet been fulfilled
- you have an unsettled amount owed to DardenPlus! Course Builder, regardless of the payment method
- if you are suspected of misusing, or have misused, our services
- if you have made any purchase, we will keep your Personal Data in connection to your transaction for support and accounting compliance
Right to object to the 'legitimate interest' processing of Personal Data
You have the right to object to the use of your Personal Data under the concept of 'legitimate interest' by communicating your objection to: firstname.lastname@example.org. Unless DardenPlus! Course Builder can demonstrate a legitimate basis for processing your Personal Data which overrides your interests and rights, or is due to legal claims, we will discontinue processing your Personal Data.
Right to object to direct marketing
You have the right to object to direct marketing, including profiling analysis made for direct marketing purposes. You can 'opt-out' from direct marketing by the following means:
- following the 'opt-out' instructions in any marketing e-mail
- by editing the email settings of your DardenPlus! Course Builder account
Right to data restriction
You have the right to request that DardenPlus! Course Builder restrict the processing of your Personal Data under the following circumstances:
- if you object to a processing based on legitimate interest, DardenPlus! Course Builder shall restrict all processing of such Personal Data pending the verification of the legitimate interest
- if you have a claim that your Personal Data is incorrect, DardenPlus! Course Builder must restrict all processing of such data pending the verification of the accuracy of the Personal Data
- if the processing is unlawful you can oppose the deletion of Personal Data and instead request a usage restriction of your Personal Data
- if DardenPlus! Course Builder no longer needs your Personal Data but it is required for you to defend legal claims
How can you exercise your rights?
We have dedicated customer service personnel who handle privacy-related requests. You can reach them at: email@example.com
Data Protection Officer
On behalf of DardenPlus! Course Builder, Study.Net has a Data Protection Officer to ensure that we continuously process your Personal Data in an open, accurate and legal manner. You can contact our Data Protection Officer at: firstname.lastname@example.org.
Right to complain to a supervisory authority
If you believe DardenPlus! Course Builder has incorrectly processed your Personal Data you may contact our Data Protection Officer at: email@example.com or submit a complaint to a supervisory authority that oversees our data usage activities.
Updates to our Privacy Notice
We may need to update our Privacy Notice from time to time. The latest version of the Privacy Notice is always available on our website. We will promptly communicate any material changes to the Privacy Notice.
How do we process your Personal Data?
We use your Personal Data to manage your online purchase(s) at DardenPlus! Course Builder by: a) processing your orders and returns via our online services or secure third-party service providers (e.g. PayPal); b) sending you notifications of delivery status of your items and c) sending you follow-up communications regarding your order. We also use your Personal Data to manage any customer service inquires.
What types of Personal Data do we process?
We use the following types of personal data:
- account information such as name, address, e-mail address, school/organization affiliation and telephone number (if provided)
- order information and transaction amount
Our secure third-party transaction processor (PayPal) uses the following personal data:
- order information such as first and last name, and order amount
- financial information such as transaction amount, billing address, and credit card information (account number, expiration date, CID, and billing address)
Who has access to your Personal Data?
Personal Data provided to secure third parties is only used to facilitate the purchase of our products and the services we provide. It is never accessible to or saved by DardenPlus! Course Builder.
Please be aware that our third-party processor (PayPal) has an independent right or obligation to process your Personal Data. They might share your information with third-party identity verification services in order to prevent fraud. This allows them to confirm your identity by comparing the information you provide us to public records and other third party databases. These service providers may create derivative data based on your Personal Data that can be used solely in connection with provision of identity verification and fraud prevention services.
Personal Data collected for the purposes of online purchase processing
Credit card data is collected by DardenPlus! Course Builder’s secure transaction processor to enable the use of credit cards for payment of a purchase. Credit cards providers require the collection of Personal Data to complete a purchase, including, but not limited to: name, address, account number, expiration date, and CID.
PayPal data is collected by PayPal directly to facilitate the use of this payment process. For a PayPal transaction, your Personal Data is provided directly to this third-party provider. We also use a PayPal-affiliated payment gateway ("Braintree") to process credit card transactions.
Personal information including your name, email address, shipping address (if applicable), and phone number (if provided) is collected to maintain a record of each transaction for the purpose of customer support and user reference during and after each transaction.
Where is the transaction processed?
All of DardenPlus! Course Builder’s transaction processing is completed on servers in the USA. Third-party service providers may perform all or part of their processing in locations outside the USA.
What is the legal basis for using your Personal Data?
The collection and processing of your Personal Data is necessary for DardenPlus! Course Builder to complete a purchase transaction, deliver an order to you, and to manage your access to completed orders, or saved account information.
How long do we save your Personal Data?
We keep all sales data indefinitely. We will keep Personal Data associated with your DardenPlus! Course Builder account as long as you maintain a customer login and profile, or until you delete it.
What types of Personal Data do we process?
If you create a user account or participate in a direct marketing campaign, we collect contact information including your name and email address and your responses to direct marketing prompts or offers. If you complete a purchase, we collect your name, email address, shipping address (if applicable) and telephone number (if provided).
How do we use your Personal Data?
If you agree to receive communications from us, we may use your Personal Data to send information surveys and invitations to you by email. In order to optimize your experience with DardenPlus! Course Builder, we may also send you relevant product and service information.
Who has access to your Personal Data?
We never share, sell or swap your Personal Data for marketing purposes with third parties outside DardenPlus! Course Builder. Personal Data that is shared with a third-party is only used to facilitate the services provided by us.
What is the legal basis for processing your Personal Data?
The collection and use of your Personal Data for the purpose of direct marketing occurs only when you consent to receive marketing communications from us.
You have the right to withdraw your consent
You have the right to withdraw your consent to use your Personal Data for direct marketing at any time. When you do so DardenPlus! Course Builder won't be able to send you any further direct marketing communications that require your consent.
How do you withdraw your consent to receive our direct marketing communications?
- click on the link to opt-out, displayed at the bottom of every marketing email sent to you by DardenPlus! Course Builder
- edit your DardenPlus! Course Builder email settings
How long do we save your Personal Data?
We keep your Personal Data for direct marketing purposes until you withdraw your consent from receiving our direct marketing communications.
Your DardenPlus! Course Builder Account
Why do we collect and use your Personal Data?
We use your Personal Data to create and manage a DardenPlus! Course Builder account in order to give you a personalized and relevant experience with DardenPlus! Course Builder. We provide you with access to your current orders, as well as your order history and details of each order as a user. We also enable you to manage your account settings (including marketing preferences) to maintain accurate and updated information such as contact details and shipping information, if applicable. Further, we enable you to view saved items in your Cart.
What types of Personal Data do we collect and use?
We save your e-mail address and a password that you submit when you sign up for a DardenPlus! Course Builder account. We also save the following types of Personal Data if you choose to provide it to us:
- first and last name
- shipping address (if applicable)
- telephone number (optional)
If you make a DardenPlus! Course Builder purchase and have a DardenPlus! Course Builder account, we also save for future access all of your purchase information, excluding any financial information used to complete a secure purchase transaction.
Who has access to your Personal Data?
Only DardenPlus! Course Builder has access to Personal Data saved in your DardenPlus! Course Builder account.
What is the legal basis for processing your Personal Data?
The processing of your Personal Data saved in your DardenPlus! Course Builder account is based on your consent when you create an account.
How long do we keep your Personal Data?
We keep your data for as long as you have an active DardenPlus! Course Builder account. You have the right to terminate your account at any time. If you choose to do so, your account, and all of the associated Personal Data, will be deleted without any possibility of future retrieval.
You right to object to 'legitimate interest' processing of your personal data
You have the right to object to the use of your Personal Data under 'legitimate interest' by communicating your objection to: firstname.lastname@example.org. Unless DardenPlus! Course Builder can demonstrate a legitimate basis for processing your Personal Data which overrides your interests and rights, or is due to legal claims, we will discontinue the use of your Personal Data.
DardenPlus! Course Builder Cookies
What is a cookie?
A cookie is a small text file that is saved to, and, during subsequent visits, retrieved from your computer or mobile device. If you use our website, we will assume that you agree to the use of such cookie.
DardenPlus! Course Builder automatically records certain information ("Non-Identifiable" or "Aggregated Data") about your use of our services. Similar to other technology platforms and services, DardenPlus! Course Builder records information such as your browsing activity, data submitted or clicked on (such as forms and links), and other information (such as browser type, date and time of access, cookie ID, and referrer URL) during visits to our website.
We use temporary session cookies to enhance the user experience by maintaining the continuity of a session. That is, we recognize that the same user is navigating through our website.
What types of Personal Data do we process?
If you are logged into your DardenPlus! Course Builder account, a cookie ID is connected to the Personal Data you submitted in relation to your Course Builder account.
If you are logged into your DardenPlus! Course Builder account, we use your Personal Data to optimize your website experience by displaying relevant pages and material. Personal Data that is forwarded to third parties is only used to facilitate the services we provide and present you with relevant material.
Where is the transaction processed?
All processing by DardenPlus! Course Builder is completed on our servers in the USA. Third-party service providers may perform all or part of their processing in locations outside the USA.
What is the legal basis for processing your personal data?
We only connect your cookies to your Personal Data if you are logged in to your DardenPlus! Course Builder account. If you are logged in, the concept of 'legitimate interest' is the legal basis for processing your Personal Data.
How long do we save your cookies?
Cookies are automatically saved indefinitely on your device's browser unless you otherwise manage your browser settings. You can easily erase cookies from your computer or mobile device using your browser setting tools. For instructions on how to handle and delete cookies please review the settings of your browser. You can choose to disable cookies, or to receive a notification each time a new cookie is sent to your computer or mobile device. Please note that if you choose to disable cookies, you will not be able to take advantage of all of the features on our website.
October 12, 2020
This statement outlines compliance by DardenPlus! Course Builder ("DardenPlus!” of "Course Builder”) to the Federal Educational Rights Protection Act of 1974 (FERPA).
What is FERPA?
FERPA, the Family Educational Rights and Privacy Act of 1974 or the Buckley Amendment, is a federal law that affords students certain rights with respect to their education records.
What is an Education Record?
An education record contains information directly related to a student, maintained by an educational agency or institution or by a party acting for the agency or institution.
Combinations of student names, email logins, and shipping address information would be considered an academic record.
DardenPlus! Course Builder acts as a third-party service providing access to selected course materials and must maintain compliance with FERPA on behalf of the institution.
Why is FERPA important?
FERPA protects students from having their information disseminated to third parties without the student's consent. By utilizing a third party, an institution extends their liability to adhere to FERPA to the third party. Beyond ethics and privacy, an institution's Title IV funding is tied to compliance with this act.
How does DardenPlus! Course Builder work?
Students use Course Builder to purchase or otherwise access academic content assembled for use by a course instructor or school coordinator (a "Content Bundle”). To register as a DardenPlus! user, students provide an email login, password (encrypted), and school affiliation. No additional information is required. From a list of available Content Bundles, students may be required to purchase access to their selected Bundles via an e-commerce transaction. All purchases are processed with FERPA–compliant encryption by a third-party processor. At no time does DardenPlus! Course Builder receive, transmit, or save a user’s financial information to facilitate a purchase transaction. Student users control public visibility (and storage) of their Directory Information.
How does DardenPlus! Course Builder comply with FERPA?
DardenPlus! saves only Directory Information (i.e. name, email login and a shipping address for the optional delivery of printed materials) related to a student user. No other unencrypted user information is saved by DardenPlus! All user passwords are encrypted by the Darden Plus! Course Builder Service. Purchase information is not saved or otherwise stored by DardenPlus! after completion of a purchase transaction, which is processed by a third-party, data-encrypted, e-commerce provider. DardenPlus! employs a zero-knowledge encryption scheme to protect user passwords.
Student users control public access to all Directory Information. Furthermore, student users may request that all of their user information be permanently deleted at any time.
Only approved school coordinators (i.e. administrators), the course instructor, and fellow students may see a student user’s name in association with a particular bundle of course materials. The student user controls visibility of all other Directory Information. Furthermore, a student user may permanently delete their Directory Information at any time.
DardenPlus! Course Builder will never hold any personally identifiable information (PII) and institutions can feel confident in extending their FERPA liability to Course Builder.
DardenPlus! Course Builder delivers all content via SSL (TLS 1.2) and our servers are compliant to many standards including PCI and HIPAA.
Note: DardenPlus! is committed to keeping all student data safe.
When going through technical support channels, our representatives will never ask for information beyond what FERPA defines as "Directory Information". Our representatives may ask for the following information:
- Student name
- E-mail login
- School or organization name
Despite not collecting any personally identifiable information, all Darden Plus! Course Builder representatives are subject to FERPA updates and training. Any personal information requests beyond this should be reported to email@example.com.
October 12, 2020