STUDENT ALLY PRIVACY POLICY

&

DEFINITIONS

Effective Date:  01/01/2021

  1. PRIVACY POLICY INTRODUCTION

2.1       All Users are required to review and acknowledge the terms of this Privacy Policy.  All Users acknowledge said review and agreement to these terms through the activation or use of any Service provided by Student Ally, or the accessing of any Student Ally Service or website, as detailed herein.  If you do not agree to this Privacy Policy, you must not use any Student Ally Service or access any Student Ally Service or website.

2.2       All Users, regardless of state, territory, or country of residence, acknowledge, agree, and authorize Student Ally to obtain, retain, transfer, and store User Information on Student Ally’s data storage devices and/or on third party data storage devices that Student contracts for with third parties specifically for the purpose of storing such information.

2.3       This Privacy Policy pertains only to information provided to Student Ally through your use of Student Ally Services, or provided to Student Ally by your Affiliated Educational Institution, as authorized and detailed in the Student Ally Terms and Conditions.  This Privacy Policy does not pertain to any information obtained by or provided to other entitles, including but not limited to your Affiliated Educational Institutions, Emergency Service Providers, your Affiliated Educational Institution, or any other third party.  This Privacy Policy also does not apply to any information you provide, or which is provided to you, by any person, entity, firm, professional, or institution through any link or representation on any Student Ally Service or Site.  This Privacy Policy does not apply to any services provided to you by other entities, including Affiliated Educational Institutions, or entitles to whom Student Ally Services include, incorporate, or otherwise provide links or directory access to you, all of which are provided for convenience purposes only, and do not represent any affiliation or agency with Student Ally.

2.4       This Privacy Policy applies during all times in which you are a User of any Student Ally Service, access any Student Ally Service, or visit any Student Ally affiliated website, including but not limited to www.studentally.com.  This Privacy Policy survives the cancelation, termination, or expiration of any User License, as detailed in the Student Ally Terms and Conditions. 

  1. NO ADVERTISERS and NO DIRECT MARKETING

3.1       Student Ally does not sell or provide User information to advertisers, ever.  You will also not see any third-party advertisements on Student Ally’s Mobile Services.  No advertisers and no direct marketing of third-party services.  Student Ally may, from time to time, offer Users free merchandise or special discounts on Student Ally, Affiliated Educational Institution merchandise to reward User’s for performance or engagement with Student Ally Services.  No User profiling or tracking, whether on any Student Ally Service or third party site is used for such purposes. 

  1. DATA TYPES, USES, & AUTHORIZATIONS

4.1       Student Ally collects User Data in connection with the use of Student Ally Services, as detailed in the Student Ally Terms and Conditions to which this Privacy Policy is appended and incorporated by reference.  Such data is collected for purposes of providing Users with Services that are of value to Users, and which further Student Ally’s social and commercial objectives to better the Services provided to you.  For purposes of this document, User Data falls into the following categories:  User Directory Information, User Profile Information, User Orientation Information, Anonymous User Performance Data, User Private GPS History Information, User Alert Location Data, and User Misconduct Event Information.  Student Ally compartmentalizes data in this manner for the purpose of providing Users with optimal privacy protections for specific data, while simultaneously allowing users to enjoy use of the Student Ally Services which rely upon the open sharing of information, such as initiating Emergency Alerts and building Ally Lists and Emergency Contact Lists.

4.2       User Directory Information:  User Directory Information includes User name, date of birth, email address at User’s Affiliated Educational Institution (.edu email), identity of the User’s Affiliated Educational Institution, User’s Student ID photograph, Employee ID photograph, or other photograph added by User (hereinafter “User ID Photograph”), enrollment or employment status (e.g. freshman, sophomore, junior, senior, or an equivalent “graduation year” identifier, graduate student, or non-student employee).

4.3       User Directory Information Uses & Authorizations:  User Directory Information is used for purposes of creating, and originating individual Student Ally User Accounts, which are licensed to specifically identified Users.  Student Ally User Accounts cannot be created by the general public, and may only be initiated by Student Ally or an Affiliated Educational Institution.  Therefore, Users understand and agree that Directory Information on enrolled participants in educational programs may be provided to Student Ally by Affiliated Educational Institutions for the purpose of creating, originating, and licensing User Accounts.  Users’ Directory Information is also used to identify and engage with Specific User Accounts, and therefore, Users understand and agree that User Director Information may be visible to Student Ally, Affiliated Educational Institutions, and Users within the Student Ally System and through Student Ally Services.

4.4       User NCAA Status:  User NCAA Status identifies whether a User is enrolled in an athletic program with their Affiliated Educational Institution that is affiliated, governed, or otherwise covered by the NCAA or the NCAA Rules.

4.5       User NCAA Status Uses & Authorizations:  User NCAA Status is used to identify those Users who require additional and/or targeted Education and Training Programing to comply with NCAA rules for college athletes.  Users understand and agree that this Status may be provided to Student Ally by the User’s Affiliated Educational Institution and that this Status will be visible and accessible to Student Ally and the User’s Affiliated Educational Institution.  This Status is not shared with, disseminated, accessible, or otherwise visible to other Users or to other Affiliated Educational Institutions in which the User is not enrolled.

4.6       User Profile Information:  User Profile Information shall include all User Directory Information, in addition to the following: User telephone number, User account settings, and any other information that Users add to their User Profile on any Student Ally Service.

4.7       User Profile Information Uses & Authorizations:  User Profile Information is used as additional identifying and distinguishing information for specific User Accounts for the purpose of making those accounts visible and identifiable to Student Ally, Affiliated Educational Institutions, and other Users on Student Ally Services.  User Profile Information is also used to provide contact information to Emergency Services and other Users within the Student Ally Services, when such Users and Services are initiated and activated by Users, as addressed within the Student Ally Terms and Conditions and the User Initiated Alert Location and Profile Data sections of this Privacy Policy.  Users understand and agree that User Profile Information may be used for these purposes, and may be visible to Student Ally, Affiliated Educational Institutions, and to the User’s “Allies” and/or “Emergency Contacts” and/or Emergency Service Providers, and that User Profile Information may be used by such persons and entities to contact Users, including but not limited to through their mobile devices, via their cellular or internet service providers, SMS, email or other means not controlled by Student Ally or their Affiliated Educational Institution, and that regular data, messaging, telephone or other rates may apply.

4.8       User Orientation Information:  Student Ally Services include Education and Training Programing, which is comprised, in part, of informational videos and training quizzes.  User Orientation Information includes User’s Orientation Status (e.g. complete or incomplete), as well as more specific information regarding the User’s performance on questions and quizzes.

4.9       User Orientation Information Uses & Authorizations:  User Orientation Information is used, and Users hereby understand and agree that it may be used, by Student Ally and the User’s Affiliated Educational Institution to ensure that Users have completed Orientation and achieved passing scores on quizzes.  Specific performance data, beyond Orientation status, is also used internally by Student Ally for purposes of assessing and improving its Educational and Training Programing, assessing areas of Users’ under performance, and for assessing additional areas for further programing development.  This information may also be used by the specific User’s Affiliated Educational Institution for purposes consistent with that Affiliated Educational Institution’s educational, social, and safety objectives, and for other such purposes deemed proper and appropriate by the Affiliated Educational Institution.

4.10     Anonymous User Performance Data:  Data regarding User’s completion of Education and Training Programing, as well as User’s performance in and scores on quizzes, becomes Anonymous User Performance Data upon its aggregation (i.e. the compilation of one User’s performance data with the performance data of other User’s) and its anonymization (i.e. the removal of any User personal or identifying information). 

4.11     Anonymous User Performance Data Uses & Authorizations:  Anonymous User Performance Data is used, and User’s understand and hereby agree that it may be used, by Student Ally and Affiliated Educational Institutions for purposes of assessing and analyzing the performance of students and institutions in relation to one another, and for purposes of using such analysis to improve or develop new programing.

4.12     User-Initiated Alert Location & Profile Data:  Student Ally Services include the ability for User’s to communicate with other User’s, Affiliated Educational Institutions, or third parties designated as Allies, Emergency Contacts, Guardian Angels, and/or such other terms as may be used from time to time for these purposes.  User’s may communicate in this manner through the user of Alert functions, including but not limited to Geo-Timers, Geo-Links, Guardian Angels, Watch An Ally, Standard Timers, Safe Zones, Emergency Alerts, and such other terms or similar functions as may be used from time to time for these purposes.  These Alert functions communicate User-Initiated Alert Location and Profile Data, which includes User’s current GPS location, User’s activation of certain Alert functions, User’s Alert function settings, User’s telephone number, User’s ID Photograph.

4.13     User-Initiated Alert Location & Profile Data Uses & Authorizations:  User-Initiated Alert Location and Profile Data is used to allow Users to communicate their location and other relevant information with other Users, Emergency Service Providers, their Affiliated Educational Institution, and other third parties selected by the User.  Student Ally does not use, share, or otherwise disseminate this data for any purpose other than to allow Users to communicate such information as they deem fit.  Student Ally does not, and cannot, control the use of this information by any persons or entities to which the User chooses to provide this information.  In connection with its Services, Student Ally relies upon third parties to provide certain features and functionality, which may include but is not limited to location services provided by cellular providers, internal GPS functionality on User’s mobile devices, Wi-Fi, internet services providers, Bluetooth connectivity or functionality, existing global positioning system management and infrastructure, Google Maps, Apple Maps, and/or other third-party map/GPS providers.  Student Ally does not control and cannot control these third-parties, and is not responsible for any actions of these third parties, including but not limited to such parties privacy policies, data storage policies, or user agreements.  Users are encouraged to familiarize themselves with any such third-party policies as part of their use of any such devices, systems, cellular networks, and Student Ally Services.  User’s understand and hereby agree to such use of User Initiated Alert Location and Profile Data in accordance with this Privacy Policy and Student Ally Terms and Conditions.

4.14     User Misconduct Event Information:  Student Ally Services include the ability for User’s to communicate Misconduct Event Reports to Student Ally and Affiliated Educational Institutions.  User Misconduct Event Information includes all information, statements, evidence, arguments, communications, or any information of any time provided by any User, third party, institution, or any person involved in the reporting, investigating, and resolution, including any Affiliated Educational Institution’s finding of fault or lack of fault or disciplinary action taken, and any appeal of any such finding or action, decision on appeal.  User Misconduct Event Information shall further include any and all information of any type obtained during an investigation of any user Misconduct Event, which information if incorporated into the User Misconduct Event file, maintained by Student Ally and an Affiliated Educational Institution. 

4.15     User Misconduct Event Information Uses & Authorizations:  User Misconduct Event Information is used by Student Ally and Affiliated Educational Institutions for purposes of analyzing, investigating, and resolving User Misconduct Event Reports.  To the extent possible, Student Ally seeks to limit the dissemination of this information, consistent with its obligations to perform satisfactory investigations in association with Affiliated Educational Institutions.  Student Ally and/or your Affiliated Educational Institution may share or make visible User Misconduct Event Information with other Users, Affiliated Educational Institutions, or third-parties which are involved in, suspected to be involved in, or suspected to have relevant information regarding a User Misconduct Event.  For purposes of individual and community safety, as well as for such purposes as are required or permitted by law, this information may also be shared with Emergency Service Providers, law enforcement agencies, professional service providers, medical providers, therapists, or such other entities deemed necessary for such dissemination by Student Ally or an Affiliated Educational Institution for a legal or safety related purpose.  With the exception of such uses during the investigation, response, and resolution of User Misconduct Events, Student Ally will not share or disseminate this information to any third parties.  To the greatest extent permitted, consistent with its obligations to perform satisfactory investigations, Student Ally will aim to preserve the privacy of all such information, as well as the identity of any and all Users and any and all involved parties or entities.  With the exception of the users and parties identified in this Privacy Policy and the Student Ally Terms and Conditions, Student Ally will not produce this information to any other person or party absent a duly executed authorization for release, court order, or other similar legal compulsion by a judicial, executive, or governmental authority.  Users understand and hereby agree to the use of all such information in accordance with this Privacy Policy and the Student Ally Terms and Conditions.

4.16     Anonymous User Misconduct Event Information: Anonymous User Misconduct Event Information is User Misconduct Event Information in which all information regarding the identity of any individual Users, involved persons, entities, or third parties has been removed.

4.17     Anonymous User Misconduct Event Information Uses & Authorizations: Anonymous User Misconduct Event Information may be used internally by Student Ally for purposes of training and improving reporting, investigation, and resolution of Misconduct Events.  Anonymous User Misconduct Event Information may also be sued for analytical and statistical purposes by Student Ally and Affiliated Educational Institutions, and may be reported to local law enforcement, Emergency Services Providers, or other governmental agencies as necessary, including but not limited for purposes of compliance with Department of Education Regulations, Office of Civil Rights Requests, and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, U.S.C. § 1092 et seq. and affiliated regulations at 34 C.F.R. 668.46 et seq.  Users understand and hereby agree to the use of all such information in accordance with this Privacy Policy and the Student Ally Terms and Conditions.  Users understand and hereby agree to the use of all such information in accordance with this Privacy Policy and the Student Ally Terms and Conditions.

4.18     User Analytical Data:  Data regarding a User’s activation, deactivation, use, lack of use, or other engagement of any type with any features, functions, pages, portions, or other components of any Student Ally Service. 

4.19     User Analytical Data Uses & Authorizations:  User Analytical Data is used in an aggregated and anonymized form internally by Student Ally and Affiliated Educational Institutions for purposes of analyzing and understanding User engagement with Student Ally Services, for the purpose of updating, improving, monitoring, maintaining, and otherwise modifying Services to meet User needs, demands, or other desires, and to otherwise improve User education, safety, and participation.  User Analytical Data may also be used by Student Ally and Affiliated Educational Institutions and may be shared with third parties or other Users in connection with a User Misconduct Event report and investigation, or in connection with Emergency Service Provider requests.  User Analytical Data may also be used in an aggregated and anonymized form, and may be shared with third parties in such aggregated and anonymized form, by Student Ally in connection with its social and commercial objectives.   Users understand and hereby agree to the use of all such information in accordance with this Privacy Policy and the Student Ally Terms and Conditions.

4.20     User Private and Encrypted GPS History Information:  User Location Data regarding the GPS location of User’s mobile devices upon which the Student Ally Application has been activated and registered by User, beginning from the time of User’s activation of the Student Ally Application until the expiration of User’s status as a “User” of Student Ally Services.  User Private GPS History Information is dependent on User’s mobile device, location functionality, cellular, Wi-Fi, or other network capability, global positioning systems, and individual settings.  Location information may vary in strength or accuracy from time to time, location to location, and depending on a variety of other conditions, including but not limited to weather, surrounding structures, altitude, subterranean structures, device conditions, battery or power availability, and any other such conditions that affect such functionality during use of mobile device technology.  Student Ally relies upon the third party devices and GPS infrastructure for collection of this information, and therefore cannot guarantee any specific level of accuracy or reliability beyond what such third parties provide.  

4.21     User Private and Encrypted GPS History Information Uses & Authorizations:  User Private GPS History Information is not used, accessible, or otherwise within the control of Student Ally or any Affiliated Educational Institution.  User Private Encrypted GPS History Information is collected by Student Ally via Users’ mobile devices, and remains on those devices in an interim fashion if the User’s device is not connected with or accessing a Student Ally Service, and upon connection or access, such information is uploaded to a database where it is stored in an encrypted format, such that it may only be decrypted and viewed/accessed through entry of the User’s unique personal password, which User’s must keep secure and private.  Absent the User’s authority, consent, and authorization to access the Private and Encrypted GPs History Information, such information is inaccessible by Student Ally and therefore cannot be viewed, accessed, provided, decrypted, disseminated, or otherwise provided to any person, party, or entity.  Student Ally has no means or mechanism available for the decryption of User Private and Encrypted GPS History Data, except for the User’s explicit authority, consent, and authorization to access the data, which authority, consent, and authorization may only be provided by the User with the User’s explicit consent and approval.  At all times prior to the execution of such authorization, User Private and Encrypted GPS History Data remains within the sole control of the User, and is such that only that User has the authority and ability to release their Private Encrypted GPS History Information to Student Ally.  Users can elect to share their GPS History Information with Student Ally and Affiliated Educational Institutions through submission of such information by specific authorization in the context of a User Misconduct Event Report and Investigation.  In the event that a User elects to share their Private Encrypted GPS History Information with Student Ally, User’s must provide a unique and individual password for such purposes.  After User’s authorization of such information to be provided to Student Ally, User Private Encrypted GPS History Data will be transferred from the encrypted storage device upon which such information is stored in its encrypted form, shall be transferred to Student Ally’s data storage mechanisms, and shall be stored on those mechanisms in a secure but unencrypted fashion for use by Student Ally and Affiliated Educational Institutions in connection with the reporting, investigation, and resolution of User Misconduct Events.  Once such information has been provided to Student Ally by the User’s authorization, such information will be accessible by Student Ally and User’s Affiliated Educational Institution, and may be used by Student Ally and the Affiliated Educational Institution during the investigation of the User Misconduct Event, during which such information may be shared with other Users, Affiliated Educational Institutions, involved third-parties, Emergency Service Providers, and such other third persons as may be required to conduct a complete and satisfactory investigation and resolution of the Misconduct Event.  To the greatest extent possible, consistent with their investigative obligations, Student Ally and Affiliated Educational Institutions will seek to limit the disclosure of such information to any other persons, parties, or entities only as is deemed necessary at the discretion of Student Ally and the involved Affiliated Educational Institution.  Once such information has been provided to Student Ally by the User’s authorization, such information will be accessible by Student Ally and User’s Affiliated Educational Institution, and will be maintained in accordance with the terms of this Privacy Policy and the associated Terms and Conditions.  Other than as provided for explicitly in the Privacy Policy and Terms and Conditions, after User has authorized the decryption and submission of their Private GPS History Information to Student Ally, Student Ally will not disseminate, produce, or otherwise provide User’s Private GPS History Information to any third parties without a signed authorization for such disclosure by the User, a court order, or other demand to produce such information under authority of law.  Users understand that, once such information is provided to Student Ally, it may become available to law enforcement or other governmental authorities, including in connection with any criminal or other investigations, upon execution of a warrant, subpoena, or other proper and legal demand for such information, and in the event of any civil actions, may be available to parties upon the execution of a proper subpoena and/or court order demanding the production of such information.  To the extent possible, permissible, or otherwise reasonable under the circumstances of any demand, Student Ally will seek to quash such subpoenas and to defend all such information from production consistent with the law, and Student Ally’s social and commercial objectives.  Users can also elect NOT TO provide their Private Encrypted GPS History Information with Student Ally or Affiliated Educational Institutions, in which case all such information will remain in its encrypted an inaccessible format, unless and until such time as the User decides to allow for decryption.  In the event that Users elect to provide and authorize decryption of their Private GPS History Information in connection with a User Misconduct Event, this information will not be available or visible to the User, in whole or in part, during the course of the investigation of the User Misconduct Event, except at the discretion of Student Ally and the User’s Affiliated Educational Institution, and only for such purposes are necessary and consistent with the proper investigation and resolution of such User Misconduct Events.  Users understand and hereby agree to the use of all such information in accordance with this Privacy Policy and the Student Ally Terms and Conditions.

  1. THIRD PARTY DATA COLLECTION:

5.1       Student Ally is not responsible for any third-party data collection that occurs during your use of any Student Ally Service, including but not limited to any data collection by any device manufacturer, Wi-Fi, internet, GPS, or other service provider, Google Maps, Apple Maps, or any other third parties.  Student Ally does not track users across any third-party sites or seek to collect data on Users other than as explicitly provided for in this Privacy Policy.  Users understand and hereby agree to the use of all such information in accordance with this Privacy Policy and the Student Ally Terms and Conditions.

5.2       Student Ally Services may, from time to time, includes links, websites, phone numbers, email addresses, physical addresses, or other information upon which Users can act to be connected with third parties. Student Ally does not control such third parties, third party systems, or third party websites, and is not responsible for the contents, data policies, privacy policies, or actions of any such third parties.  All Users are instructed to familiarize themselves with all such policies of all third-parties, and to ensure their understanding and agreement to such third-party policies prior to engaging any third party or sharing any personal information with any third party, downloading any file, application, email, or otherwise taking any action that may expose User’s personal information or User’s devices, computer, or other system to viruses, malware, or other electronically dangerous programs or mechanisms.

  1. DATA STORAGE & FERPA AUTHORIZATIONS

6.1       Data Storage & FERPA Authorization:  All information provided to Student Ally in connection with any Student Ally Services, whether shared by the User directory or by the User’s Affiliated Educational Institution, shall be stored by Student Ally on its database and/or on secure third-party cloud databases contracted by Student Ally specifically for these purposes (hereinafter the “Authorized Data Storage”).  You hereby authorize your Educational Institution to share such User Profile Information as may be necessary to create licensed User Accounts, or for such other purposes as necessary and authorized in this Privacy Policy and the Terms and Conditions.   FERPA AUTHORIZATION:  To the extent that any User information is subject to the Family Educational Rights and Privacy Act (FERPA), or any employment agreement, applicable union contract, or any other private agreement or government act, regulation, or law, you are hereby notified that such information will be shared with Student Ally for the purpose of providing the Services outlined in these Terms and Conditions, and you hereby explicitly consent to the sharing of this information for these purposes in accordance with the requirements of FERPA, and all such other agreements, acts, regulations, or applicable laws.

6.2       Student Ally maintains technical, physical, organizational, and human resource related safeguards to protect User Information from unlawful, unauthorized, unintentional, or accidental disclosure, dissemination, deletion, destruction, loss, or use.  Student Ally’s organizational, employment, and technical measures are designed to limit the flow of information both within the Student Ally System and externally to it.  To the greatest extent possible, Student Ally aims to limit the visibility, disclosure, and dissemination of User Information, consistent with its obligations to delivery the Services addressed the Terms and Conditions to which this Privacy Policy is appended.  Student Ally uses commercially available resources, including encryption, firewalls, and system infrastructure to manage the protection of information, assessing the likelihood and severity of potential exposure, the reasonable cost of such measures, and the impact of such measures on the ability to make information sufficiently available to ensure the continued and smooth operation of the Student Ally Services.

  1. DATA RETENTION

7.1       Student Ally may retain all Information, including archived versions of information provided to Student Ally from time to time, as detailed herein, for such periods of time as are required under law and are consistent with our commercial purposes.  This time periods include the entire duration of any User License term, as well as all reasonable time periods afterwards, including such time as is necessary to conduct audits, resolve disputes, enforce agreements, comply and enforce the Student Ally Terms and Conditions, and any other agreements with any Affiliated Educational Institution, and to otherwise maintain proper security, fraud prevention, protection, and compliance with all legal and contractual obligations.  Users understand and hereby agree to the retention of all such information in accordance with this Privacy Policy and the Student Ally Terms and Conditions.

  1. ACCESS AND UPDATES TO PERSONAL INFORMATION

8.1       Users may review, access, and update some User Information maintained or stored by Student Ally, for such purposes as are consistent with Student Ally’s providing of Services, as detailed in the Student Ally Terms and Conditions.  Some information, for example, User Name and .edu email address, cannot be altered by the User directly.  Any requests to update or change such information, including updating such information for purposes of maintaining the accuracy thereof, as detailed in the Student Ally Terms and Conditions, must be submitted to [email protected].  Some information, including but not limited to, User Private GPS History information, User Analytical Data, is not accessible to Users except as addressed in this Privacy Policy and Terms and Conditions.

  1. CALIFORNIA USER DATA ADDENDUM

9.1       Users who are California Residents may be entitled to certain rights under the California Consumer Privacy Act.  To the extent that such California laws apply to Student Ally, Student Ally hereby informs all such Users that Student Ally uses User Information of those types and for those purposes as disclosed in this Privacy Policy and the Student Ally Terms and Conditions.  Student ally further informs all such Users that Student Ally does not disclose User Information to third parties for direct marketing purposes.  With regard to any additional provisions of the California Consumer Privacy Act, Student Ally advises such Users that information regarding the collection, use, correction, deletion of User Information is provided within this Privacy Policy, and any inquiries about this Policy, including the compliance of any section with the California Consumer Privacy Act should be submitted to the Contact Information identified for Student Ally in the Terms and Conditions to which this Privacy Policy is appended.

  1. EUROPEAN USER DATA ADDENDUM

10.1     Student Ally is a Delaware company with its principal place of business in Rhode Island.  Student Ally’s clients are Affiliated Educational Institutions, which are American corporations with principal places of business in the United States of America.  Accordingly, Student Ally does not do business in European Nations, explicitly rejects that it is subject to European Law, and explicitly denies that any use of Student Ally Services within European Nations, or the use of any Student Ally Services by a User who is a resident of any European Nation, or the inclusion of any provisions in this Privacy Policy and the Student Ally Terms and Conditions regarding European law, this European User Data Addenda, or the General Data Protection Regulation of the European Union, operate or act in any way as a waiver of any of rights or defenses Student Ally’s rights, or as acceptance of any European authority or the provisions of any European law.  Subject to the foregoing, the following rights are provided under this European User Data Addenda to Users who are residents of the European Union Nations (European Users), to whom the General Data Protection Regulations of the European Union apply, and only to the extent explicitly required by such European Authority, and permitted under the laws of the United States and its applicable states and territories:

10.2     Access To Data – European Users may request copies of User Data maintained by Student Ally, and unless such Data is privileged and protected as proprietary, in connection with Student Ally’s Services, patents, copyrights, trade secrets, or other intellectual property, or is ineligible for disclosure to the User at such time, due to an ongoing User Misconduct Event Report and Investigation, copies of such User Data will be provided to Users.  

10.3     Transfer of Data:  European Users who request copies of User Data, and obtain such copies, have the right and ability to request that such copies or data be transferred to alternative storage devices.

10.4     Notice of Informed Disclosure:  European Users may be informed of the collection and use of their User Data, and European Users are hereby so informed by means of this Privacy Policy and the Student Ally Terms and Conditions.

10.5     Requests for Deletion:  European Users may have the right to request that User Information be deleted or erased at such times as its retention is no longer necessary or required for the purposes outlined in this Privacy Policy and the Student Ally Terms and Conditions.  Such requests for deletion may be made at any time, and deletion of data will be made as soon as reasonably possible, in light of the requirements and provisions for the preservation of data addressed in this Privacy Policy and the Student Ally Terms and Conditions, and is further dependent on Student Ally’s legal requirements under US law.  European Users are hereby further advised that the deletion of User Information may make some Student Ally Services unavailable or undeliverable, and Users requesting such deletion hereby understand and agree that their request alters those portions of the Student Ally Terms and Conditions related to the delivery of Services that rely upon that data.

10.6     Correction of Information:  All Users, including European Users, have the right and the obligation to request that User Information be corrected if it is inaccurate or incomplete.  Requests for such corrections can be emailed to [email protected].

10.7     Right to Opt-Out of Services:  European Users have the right to opt-out of certain Services, and may opt-out of such Services at any time by means of Application settings and/or User preferences, or by choosing not to engage certain Services.

10.8     Automated Decision Making:  European Users may have the right to insist on human decision-makers, and to reject automated decision-making processes, in connection with significant legal decisions which have significant impacts on Users.

10.9     Complaint:  Users have the right to file complaints with any appropriate governing authorities, with Student Ally, and with any Affiliated Educational Institution.  All complaints intended to be filed with Student Ally should be submitted to the Contact Information identified for Student Ally in the Terms and Conditions to which this Privacy Policy is appended.

  1. MODIFICATION AND UPDATES TO THIS POLICY

11.1     Student Ally may update and/or modify this Privacy Policy from time to time.  In the event of a significant change which results in a substantive reduction of the Users’ rights, Student Ally will provide notice to Users via email or through the Student Ally Mobile Application, and User’s shall have the opportunity to acknowledge and accept such changes in accordance with the provisions of the notice of modification provided at the time of the change, which means of acceptance include but are not limited to continued use of Student Ally Service following receipt of the notice of modification.  With regard to all changes, including such other changes as may be made but not deemed to be significant or substantively reduce Users’ rights, such changes shall be posted to this location, and are visible to all Users.  All prior versions of Student Ally Privacy Policies are maintained in Student Ally’s Archives and are available to User’s upon their request.

  1. MISCELLANEOUS PROVISIONS

12.1     Contact Information:  Users may contact Student Ally regarding any questions concerning this Privacy Policy or the Student Ally Terms and Conditions at the following address.

[email protected]

12.2  Incorporation of Terms and Conditions of Use & Temporary User License Agreement by Reference:  Student Ally’s Terms and Conditions of Use & Temporary User License Agreement are appended to the Student Ally Privacy Policy, and to the extent that one is viewed in the absence of the other, this provision serves as notice that the Privacy Policy and the Terms and Conditions of Use & Temporary Use License Agreement hereby incorporate each other by reference as if the terms of one were fully set forth within the other so that they operate together as a single document.