Terms of Use

Use of the ManageBac.com website and all authorized services and facilities provided through it or in relation to it (the “Service”) by any school or other institution (the “Subscriber”) shall be according to the following terms and conditions (“Terms of Service”).

Preliminary Provisions:

Definitions.

• Use of the terms "we," "us," or "our," refers to Faria Systems Inc., the operator of the ManageBac.com website.
• The term "service" refers to the ManageBac.com website and all services and facilities provided through it or in relation to it.
• The term "membership" refers to your right to access our service and associated login information (such as a user name and password).
• Use of the term "you," or "your," refers to you, and any other person who accesses our service using your membership login information.

Exclusive Terms. These terms and conditions, except those contrary to applicable law, provide the exclusive terms of the relationship between you and us. Nothing outside the terms listed in this document shall constitute part of any agreement between you and us relating to your use of our service, and any previous agreement is superseded by these terms.

Subject to Change. We reserve the right to update and change these Terms of Use from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the then current Terms of Use. Continued use of our service after any such changes shall constitute consent to such changes. The most current version of the Terms of Use is available at: http://www.managebac.com/terms.html.

Violations. Violation of any of any of these terms by the Subscriber will result in the termination of the Subscriber's account, and the Provider reserves the right to bar use of the Service by any person or entity which has violated the Terms of Service in the past.

Disclaimer. To the full extent permitted by law, the Subscriber agrees to use the Service on an “as is” basis and understands that the Provider is not responsible for prohibiting or regulating in any way any information or data provided or transmitted by users ("Content"), or provided or transmitted by the Subscriber. The Subscriber expressly understands and agrees that the Provider shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (regardless of whether the Provider has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the Service; (iv) termination of your account; or (v) any other matter relating to the Service. The Provider does not warrant that (i) the Service will meet your specific requirements and (ii) the Service will be uninterrupted or error-free.

Privacy. The privacy of information submitted to or transmitted through the service is governed by a separate Privacy Policy, available at: http://www.managecas.com/terms.html With regard to children under the age of 13, an additional Privacy Policy is applicable, and available at: http://www.managecas.com/terms.html

Nature of Service:

This Service provides users with online access to school information such as academic records, deadlines, and files, as well as acting as a communications medium to facilitate interaction between teachers, students, coordinators, administrators, and parents. Schools subscribe to the Service; the Service then allows individual teachers to determine the scope and nature of the information to make available to their students and those students’ parents through the Service.

In addition, all users consent to receiving our quarterly newsletters, product updates, notifications and IB conference bulletins via e-mail.

Membership Terms:

1. You must be 13 years or older to use this service, or your parent must provide your school with written consent to your use of this service after reading our Privacy Policy and COPPA Compliance Policy.
2. You must be a human to use our service. Accounts registered by "bots" or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
4. You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage resulting from your failure to comply with this security obligation.
5. You are responsible for all Content posted and activity that occurs under your membership, and you take full responsibility for all actions by others accessing our service with your login information.
6. One person may not maintain more than one membership.
7. You may not use our service for any illegal or unauthorized purpose. You must not, in the use of our service, violate any laws in your jurisdiction (including but not limited to copyright laws).
8. Your use of the service is at your sole risk. This service is provided on an "as is" and "as available" basis.
9. You must not modify, adapt or hack our service or modify another website so as to falsely imply that it is associated with our service, or any other service of or related to ManageBac.
10. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our service, use of our service, or access to service without our express written permission.
11. The Subscriber understands that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted if SSL is not enabled and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
12. You must not upload, post, host, or transmit unsolicited email or "spam" messages.
13. You must not transmit any worms or viruses or any code of a destructive nature.
14. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Cancellation and Termination:

1. You, your parent or legal guardian, or your school may at any time cancel your membership. All of your content and personal information will be immediately deleted from our service upon cancellation of your individual membership (Note: this is different from the School membership, which is governed by the Terms of Service).
2. Your school may at any time cancel its account with us, and we may cancel your school's account with 180-days notice. In the event your school's account is cancelled for any reason, your content will be deleted after receipt of written confirmation.
3. We may, in our sole discretion, suspend or terminate your membership and refuse any and all current or future use of our service for any reason at any time. Such termination of your membership may result in the loss of all content associated with your membership.
4. We may, but have no obligation to, remove materials and disable or terminate memberships containing materials that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violate any party's intellectual property rights or these Terms of Use.
5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any of our users, customers, employees or officers may result in immediate termination of your membership.

Modifications to the Service:

1. We may, at any time and from time to time, modify or discontinue, temporarily or permanently, our service (or any part thereof), with six-month's (180 days) notice.
2. The Provider shall not be liable to the Subscriber or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership:

1. We claim no intellectual property rights over the material you provide to us. Your profile and all materials uploaded or submitted into the Service remain yours.
2. Notwithstanding any evidence to the contrary, in these Terms of Use or elsewhere, we retain all rights to the software, data, and other information relating to the service that has not been obtained solely from you or other legitimate users.
3. We do not pre-screen material uploaded or provided by you, but we or our designee have the right (but not the obligation) in our sole discretion to refuse or remove any materials that are available via the service.

Applicable Law

These Terms of Use will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of laws provisions or the those of your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Wilmington, DE, and you consent to the jurisdiction of such courts.

Questions & Contact Information

Any questions about this Terms of Use agreement should be addressed to info@managebac.com or by mail to: Faria Systems, Inc. 548 Market St. #40438, San Francisco, CA 94104 USA.

Privacy Policy

By using the managebac.com web site and all authorized services and facilities provided through it or in relation to it (the "Service"), you are consenting to be bound by the following Privacy Policy.

Definitions

"Subscriber" refers to a school or institution which has a primary account with the Service. "Member" refers to an authorized individual user of the Service, with an account under a primary account held by a Subscriber.

Commitment to Privacy

We are committed to protecting the privacy of those who visit the ManageBac.com website and use the Service. We may amend this Privacy Policy from time-to-time without notice, and amendments to this Privacy Policy will be posted to this URL and will be effective when posted. Continued use of this site by Members or Subscribers following the posting of any amendment, modification, or change shall constitute your acceptance of the amendment. We will notify Subscribers by email when significant changes are made to the Privacy Policy. We collect the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages people access or visit, and information volunteered by users (such as survey information and/or site registrations). We use the information we collect to improve the content and quality of our Service, and do not share with or sell the information to other organizations for commercial purposes, except when we have the express permission or under the limited circumstances listed in the Disclosure paragraph.

Information Gathering and Usage:

• When you register with the Service, we ask for information such as your name, school, and email address. A billing address and credit card information will be required for paying primary account holders; Subscribers who sign up for the free trial account are not required to enter a credit card or billing address.
• We use collected information for the following general purposes: provision of our services, billing, identification and authentication, services improvement, contact, and research.
• If a child is under the age of 13, a parent or legal guardian MUST consent to the child’s use of the Service, as provided for in the Terms of Service. Any personal information identified with the student (such as: email address, first and last name, etc.) that we collect will be subject to the additional COPPA Compliance Policy, available at: http://www.managebac.com/terms.html.
• We will not provide personal information to third parties.
• By using their student account, a student and/or parent has the ability to send personal information (such as: first and last name, email address, and parents' names) to their teacher with a teacher account, and to other students. This is done on a voluntary basis, and that information will not be provided to any third parties by us.

Cookies:

• A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to a web browser from a web site's computers and stored on a user’s computer's hard drive.
• Cookies are required to use the Service.
• We use cookies to record current session information, but do not use permanent cookies. Members are required to log-in to their ManageBac account again after a certain period of inactivity has elapsed, to protect against others accidentally accessing Members’ account contents.

Client Data Storage:

The Service has industry standard security measures in place to protect against the loss, misuse, and alteration of the information under our control. While there is no such thing as "perfect security" on the internet, we will take all reasonable steps to ensure the safety of all Subscribers’ and Members’ information. Although we own the data storage, databases and all rights to the Service’s software, individual Subscribers and Members retain all rights to their data and we will never sell or share their personal data with any third parties. We respect the privacy of our Subscribers and Members, and the privacy of their data.

Disclosure:

• We will disclose information relating to or received from our Subscribers and Members, in the following circumstances.
• If it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Terms of Service or Terms of Use, or to comply with certain legal requirements such as, but not limited to, complying with a subpoena.
• If we are directly or indirectly acquired by another company, or merged with another company. In this event, we will notify any Subscriber or Member before information about them is transferred and becomes subject to a different privacy policy.
• Under special circumstances, such as to comply with subpoenas or when a Subscriber or Member’s actions violate the Terms of Service or Terms of Use.

Changes:

We may periodically update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your ManageBac primary account or by placing a prominent notice on our site.

Questions & Contact Information

Any questions about this Privacy Policy should be addressed to info@managebac.com or by mail to: Faria Systems, Inc. 548 Market St #40438, San Francisco, CA 94104 USA.

COPPA Disclosure

Contact Information

Faria Systems Inc.
548 Market St. #40438
San Francisco, CA 94104 USA
Email: info@managebac.com.
Telephone: +1 (866) 297-7022 Fax: +1 (866) 393-2876

Purpose

This COPPA Compliance Policy is designed to afford children under the age of 13 the protections mandated by the Child Online Privacy Protection Act (“COPPA”). This Policy applies only to users under the age of 13, and in addition to our regular Privacy Policy, available at http://www.managebac.com/terms.html

Information Collected

We respect the privacy of children, and do not collect any more personal information than reasonably necessary to enable them to participate in the activities we offer at our Web site.

With respect to our online information collection practices from children under 13 years of age: We collect the following types of personal information directly from children online:

1. E-mail address
2. First and last name
3. Identifiers such as information held in a cookie

Cookies:

1. A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a web site’s computers and stored on your computer’s hard drive.
2. Cookies are required to use the Service.
3. We use cookies to record current session information, but do not use permanent cookies. You are required to log-in to your Eduvo account again after a certain period of inactivity time has elapsed to protect you against others accidentally accessing your account contents.

Please note that parents may consent to the collection and use, discussed below, of the information listed above without necessarily consenting to the disclosure of personal information to third parties.

With respect to the collection by other organizations of personal information from children at our site, we do not have any agreements with outside organizations to collect personal information at our site.

Use and Sharing of Information

The information we collect from children is used:

1. For record keeping
2. To enable them to participate in certain functions of our site, such as use of chat and messaging functions between students and between teachers and students.

We do not have any agreements with outside organizations to collect personal information at our site, and we do not share children’s personal information with anyone other than those who provide support for the internal operations of the Web site and our agents (e.g., contractors who provide fulfillment services or technical support to the Web site). All third parties with whom we share information have agreed to maintain security and integrity of personal information, and have agreed not to use the personal information.

Parental Consent

In order for a child under the age of 13 to use the Web site, we must obtain verifiable parental consent to the information collection practices disclosed in this COPPA Compliance Policy. Such consent is generally to be collected by the School which provides access to the Web site for its students. We may not condition a child’s participation in a service or activity on more disclosure than is reasonably necessary.

Parental Review

Parents can (1) review the information that we have collected from their children online, (2) prevent the further use or maintenance of such information, and (3) direct the deletion of their children’s personal information by:

1. Calling us at the telephone number provided above
2. E-mailing us at the above email address
3. Writing to us at the above address, or
4. Contacting the School

Service Level Agreement

What is the Service Level Agreement?

The Service Level Agreement is our commitment to customers using ManageBac regarding the service we will provide. Please email us or call us at +1 (866) 297-7022 if you have any questions about this agreement.

We support:

1. Setup
2. Configuration
3. Administrator Training
4. Bug Fixes

We guarantee:

1. 99% system uptime
2. A 24-hour max response time for all support requests
3. A pledge to protect privacy and safeguard data with daily local backups
4. SSL-encryption for all sub-domains

We do not support:

1. Network issues (e.g. Internet access failure)
2. Email Administration
3. Administrative Tasks (e.g. Approving your student’s CAS activities)

Questions & Contact Information

Any questions about this Service Level Agreement should be addressed to info@managebac.com or by mail to: Faria Systems, Inc. 548 Market St. #40438, San Francisco, CA 94104 USA.

EU Safe Harbor Privacy Policy

Faria Systems Inc. ("ManageBac") respects individual privacy and values the confidence of its customers, employees, consumers, business partners and others. ManageBac strives to collect, use and disclose personal information in a manner consistent with the laws of the countries in which it does business, and prides itself on upholding the highest ethical standards in its business practices. This Safe Harbor Privacy Policy (the "Policy") sets forth the privacy principles that ManageBac follows with respect to personal information transferred from the European Union (EU) to the United States.

Safe Harbor

The United States Department of Commerce and the European Commission have agreed on a set of data protection principles and frequently asked questions (the "Safe Harbor Principles") to enable U.S. Companies to satisfy the requirement under European Union law that adequate protection be given to personal information transferred from the EU to the United States. Consistent with its commitment to protect personal privacy, ManageBac adheres to the Safe Harbor Principles.

Scope

This Safe Harbor Privacy Policy (the "Policy") applies to all personal information received by ManageBac in the United States from the European Economic Area, in any format including electronic, paper or verbal.

Definitions

For purposes of this Policy, the following definitions shall apply:

"ManageBac" is owned and operated by Faria Systems Inc., a Delaware corporation in the USA.

"Personal information" means any information or set of information that identifies or is used by or on behalf of ManageBac to identify an individual. Personal information does not include information that is encoded or anonymized, or publicly available information that has not been combined with non-public personal information.

"Sensitive" means personal information that reveals race, ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, or trade union membership, or that concerns an individual's health. In addition, ManageBac will treat as sensitive personal information any information received from a third party where that third party treats and identifies the information as sensitive.

Notice

ManageBac enters into service agreements with its clients in the EU which may include the processing and/or storage of information relating to their clients' customers (students, parents and staff). In these agreements, the EU client agrees and recognizes that it is the 'data controller' for the purposes of data protection legislation. This means that our EU clients are responsible for complying with the data protection legislation in the relevant Member State national law before it sends its customer data to ManageBac for processing and/or storage. Any data processed or stored by ManageBac is only disclosed to third parties at the request and direction of its European client as the data controller, or when required by law. Any information that our EU clients identify as sensitive will be treated as such.

ManageBac has a Compliance Manager who is responsible for the internal supervision of ManageBac privacy policies. ManageBac also has technicians to handle data security. ManageBac continuously educates its employees about compliance with the Safe Harbor Principles and has self-assessment procedures in place to ensure its compliance. ManageBac participates in the EU Safe Harbor Privacy Framework as set forth by the United States Department of Commerce.

Information Gathering and Usage:

ManageBac will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.

Enforcement:

ManageBac will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that ManageBac determines is in violation of this policy will be subject to disciplinary action up to and including termination of employment.

Dispute Resolution:

ManageBac participates in the European Data Protection Authorities' Safe Harbor dispute resolution process. If you feel that this company is not abiding by its posted privacy policy or is not in compliance with the Safe Harbor principals, you should first contact ManageBac's Compliance Manager by email at privacy@managebac.com. If you do not receive acknowledgment of your inquiry or your inquiry has not been satisfactorily addressed, you should then contact the European Data Protection Authorities.

You can contact the European Data Protection Authorities' Safe Harbor Dispute Resolution Program in your member state at: http://ec.europa.eu/justice_home/fsj/privacy/nationalcomm/index_en.htm

Client Data Storage:

ManageBac complies with the EU Safe Harbor framework as set forth by the Department of Commerce regarding the collection, use, and retention of data from the European Union.

If you have any questions, comments, or concerns or wish to update, delete or change any personal information submitted on this Site, or have any questions about our Privacy Policy, please notify us through postal mail at:

ManageBac
Privacy Department
548 Market St. #40438
San Francisco, CA 94104

Changes To This Safe Harbor Privacy Policy

This Policy may be amended from time to time, consistent with the requirements of the Safe Harbor Principles. A notice will be posted on ManageBac's web page: http://www.managebac.com.

Effective Date: February 1, 2010