Dear Digication Community,

We’ll be releasing an important update of several policies on January 1st, 2021.

The updates we’ll be introducing are focused on strengthening user privacy and making user rights more explicit and transparent. We’ve also edited the language used in our policies to update some terms and to reflect changes in technology, our platform, and our subscription models since the prior versions were created. Our commitment to user privacy, user content ownership, and keeping Digication an advertising-free space remain unchanged. 

The new and updated versions of these policies are available for you to review. Users will not need to explicitly agree to the new policies until their official effective date, January 1st, 2021.

New Digication users created after January 1st, 2021 will be prompted to accept these new policies when they sign in for the first time. Existing users will receive a notification of release around December 1st, 2021. Any existing users logging in after January 1st, 2021 will be prompted to accept these updated policies.

Please follow the links below to review the updated policies. We have also included a detailed list of all changes below. 

Terms of Use: www.digication.com/terms2021

Privacy Policy: www.digication.com/privacy2021

GDPR: www.digication.com/gdpr

Privacy Shield Framework: www.digication.com/privacyshield

We've published new disclosures and assurances required under the Privacy Shield Framework (https://www.privacyshield.gov/) in order to comply with data protection certification requirements when transferring personal data from the European Union and Switzerland to the United States.

COPPA:

While our compliance with COPPA (https://www.ftc.gov/tips-advice/business-center/privacy-and-security/children's-privacy) regulations is not new, we're improving our tracking of user confirmations that they are at least 13 years old in order to protect the privacy of children using our platform.

Thank you,

Your Friends at Digication

 

 

Terms of Use 

Note 

In the introductory note we made the following text changes: 

• “e-portfolio” to “ePortfolio”
• “Digi[cation]” to “Digication”
• We corrected the description of the acceptance process. The original text “If you do not agree to these Terms, please click on the "I Do Not Accept These Terms" or exit our Website now.” was changed to “If you do not agree to these Terms, please exit our Website now.”

 

1. Your Rights to Access and Use the Service  

In this section we made the following text changes: 

• “Subscriber” to “Organization”
• “User Content” to “User Generated Content”
• We updated language surrounding users’ need to provide their own internet connection when using Digication. The original text “You are solely responsible for establishing, maintaining, and operating, at your own expense, a connection to the internet (the speed of which may have a significant impact on the responsiveness of Digication), including all computer hardware and software, modems, telephone access lines, and all long distance telephone charges.” was changed to “You are solely responsible for establishing, maintaining, and operating, at your own expense, a connection to the internet (the speed of which may have a significant impact on the responsiveness of Digication), including all computer hardware and software, modems, internet service and data charges, telephone access lines, and all long distance telephone charges.”

 

2. Privacy

No changes were made in this section.

 

3. Our Intellectual Property Rights 

In this section we made the following text change: 

• “User Content” to “User Generated Content”

 

4. Changes to Digication, Terms of Use, Privacy Policy, Etc. 

• In this section, we updated the process for notifying users of changes in Digication. The original text “We may add to, update, delete from or modify Digication at any time in our sole discretion. We also reserve the right, at any time and from time to time, for any reason and in our sole discretion, to change these Terms or our Privacy Policy. We will post or display notices of changes on our Website, and provide a single communication to notify the Subscriber of changes.” was changed to “We may add to, update, delete from or modify Digication at any time in our sole discretion. We also reserve the right, at any time and from time to time, for any reason and in our sole discretion, to change these Terms or our Privacy Policy. We will post or display notices of changes on our Website, and provide a single communication to notify users of significant changes.”

 

5. Your Obligations and Acknowledgements 

In this section we made the following text changes: 

• “Subscriber” to “Organization”  
• We updated the text to include the login process for Organizations using Single Sign-on authentication as well as users with native Digication logins. The original text “You and all other Users select or are assigned a unique user identification code and password to access and use Digication. This user identification code and password, and any other codes or passwords assigned or selected to access particular features of Digication, are collectively referred to herein as "IDs." IDs are unique to each User.“ was changed to “Users are given one or more methods of authentication to access and use Digication. You may access Digication via a number of Single-Sign-On (SSO) methods chosen by your Organization. You may also have a username and password stored natively in your Digication account. This username and password, and any other codes or passwords assigned or selected via SSO to access particular features of Digication, are collectively referred to herein as "IDs." IDs are unique to each User.”
• We updated the text to reflect changes in Digication’s subscription models. The original text “If your Subscriber purchases a subscription to Digication on your behalf, your access and use of Digication is also subject to and contingent upon your Subscriber’s compliance with the payment and other provisions of the agreement between us and your Subscriber.” was changed to “If your Organization purchases a subscription to Digication on your behalf, your access and use of Digication may be subject to and contingent upon your Organization’s compliance with the payment and other provisions of the agreement between us and your Organization.”
• We updated the text to clarify that all users are responsible for their own actions while using Digication, regardless of who has paid for the account. The original text “You are liable and fully responsible for your activity, behavior, use and conduct on our Website, and you are also liable and fully responsible for your access and use of Digication and the activities and conduct of anyone else that accesses Digication using your IDs.” was changed to: “Whether your account is purchased by an organization or purchased by yourself, you are liable and fully responsible for your activity, behavior, use and conduct on our Website, and you are also liable and fully responsible for your access and use of Digication and the activities and conduct of anyone else that accesses Digication using your IDs.”

 

6. User Generated Content

In this section we made the following text changes: 

• “Subscriber” to “Organization”
• “User Content” to “User Generated Content”
• We rearranged a sentence for clarity. The original text “You will grant Digication all necessary rights to store, display and distribute (but not to sell) your User Generated Content in accordance with your and your Organization’s (if your use of Digication is in connection with an Organization) instructions and permissions in the course of our operation of Digication, by posting your User Generated Content on Digication.” was changed to “By posting your User Generated Content on Digication, you grant Digication all necessary rights to store, display and distribute (but not to sell) your User Generated Content in accordance with the permission settings set forth by you and your Organization (if your use of Digication is in connection with an Organization).”

 

7. Advertised and/or Linked Websites

In this section, we made the following text changes: 

• “webpage” to “website”
• We also added language to convey that Digication does not place advertisements on our platform, correction of a term. Added text: “Digication does not place advertisements on our platform.” 

 

8. Copyright Complaints  

In this section we made the following text changes: 

• “Subscriber” to “Organization”
• We updated Digication’s corporate mailing address.
• We reorganized the text for readability by moving the statement “Repeat infringers will be blocked from accessing and using Digication.” to a more appropriate place within the section.

 

9. Children’s Privacy

In this section we made the following text changes: 

• “school” to “organization”
• We updated this section to include the minimum age to use the service in the EU. Added text: “(iii) if you are located in the European Union you represent and warrant to us that you are 16 years of age or older.”

 

10. Warranty Disclaimer

In this section we made the following text change: 

• “User Content” to “User Generated Content”

 

11. Limitation of Damages

In this section we made the following text change: 

• “User Content” to “User Generated Content”

 

12. Limitation of Liability

In this section we made the following text change: 

• “Subscriber” to “Organization”

 

13. Indemnity

In this section we made the following text change: 

• “User Content” to “User Generated Content”

 

14. Choice of Law and Venue

No changes were made in this section.

 

15. Limitation on Actions

No changes were made in this section.

 

16. Definitions 

In this section we made the following text changes: 

• “Subscriber” to “Organization”
• “User Content” to “User Generated Content”
• “e-portfolio” to “ePortfolio”
• Within the definition of Organization, “are” to “may be”
• We updated Digication’s corporate mailing address.

 

Privacy Policy

In the introduction we made a correction to a reference to a later section of the document

• “Paragraph 9” was changed to “Section 9”

 

1. What Information Do We Collect and Why?

In this section we made the following text changes:

• We updated information regarding conditions relating to age when using Digication in the United States and the EU and contact information. The original text “When you register to use Digication, we require you to give us, if you have not already done so, personal information, including your name, email address, and age range and the name, address and nature of the organization (school, company, etc.) you are affiliated with.” was changed to “When you as an individual register to use Digication, we require you to give us, if you have not already done so, personal information, including your name, email address,  and the name, address and nature of the organization (school, company, etc.) with which you are affiliated. You will also be required to confirm that you are 13 years of age or older (16 if you are located in the European Union) or that you have the permission of a guardian to register for Digication if you are under 13 years of age.”
• “organization's master account” to “organization's subscription”
• We added text in the third paragraph: “If you are located in the European Union you must be 16 years of age or older to register for Digication.”
• We corrected language describing the account setup and initial login process. The original text “We use the email address you provide to us during registration to confirm your username and password and to provide you with a link to use to log onto Digication, activate your account and thereafter use Digication. You are, of course, responsible for maintaining the confidentiality and security of your user name and password.” was changed to “Unless your organization utilizes a single-sign on login method to authenticate their users, we use the email address you or your organization provide to us during registration to confirm your username and password and to provide you with a link to use to log onto Digication, activate your account and thereafter use Digication. You are responsible for maintaining the confidentiality and security of your username and password.”
• We added to our text regarding what information we do or do not provide to 3rd parties. We added the text “We may also track and analyze non-identifying and aggregate usage and volume statistical information from visitors to our website and users of Digication, and provide this information to third parties.” and “Except as we explicitly state at the time we request the information, or as provided for in our Terms of Use and Customer Subscription Terms, we do not disclose your personal information to third parties outside of Digication.” 
• We updated the language surrounding our need to occasionally contact users. The original text “We may from time to time send you information regarding your account, updates to Digication and other administrative information regarding Digication, and may from time to time send you other information regarding Digication and the products and services of our third party partners.” was changed to “We may from time to time send you information regarding your account, updates to Digication, and administrative or other information regarding Digication.” 
• We corrected a reference to a section of the document, “paragraph 5” was changed to “section 5”.

 

2. What are Cookies? How and Why do we use cookies on our site?

No changes were made in this section.

 

3. What about links to other systems and services?

No changes were made in this section.

 

 4. Security

• This section was updated to reflect changes in technology and reorganized slightly for clarity. The original text “Digication has security measures in place to help prevent the loss, misuse, or alteration of data under our control. Your account information is password protected. We also have reasonable physical, electronic and procedural safeguards to protect your personal information. We employ industry standard Secure Socket Layer (SSL) technology to protect information using both server authentication and data encryption to help ensure that your data is safe, secure, and available only to you. We use an additional security method based on dynamic data and encoded session identifications, and have our website hosted in a secure server environment that uses a firewall and other advanced technology to prevent interference or access from outside intruders. Finally, we require that a unique user name and password be entered each time a user logs on. These safeguards help prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of data.” was changed to “Digication has security measures in place to help prevent the loss, misuse, or alteration of data under our control. We have reasonable physical, electronic and procedural safeguards to protect your personal information. Our platform is hosted in a secure server environment that uses firewalls and other advanced technology to prevent interference or access from outside intruders. The use of industry standard Transport Layer Security (TLS) protocol protects information in transit. Strong authentication mechanisms and encryption of data at rest helps to ensure that your data is safe, secure, and available only to you. Your account information is password protected, and we require that a unique username and password be entered each time a user logs on. These safeguards help prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of data.”

 

5. Opt out policy

• In this section we updated the text to add additional information about receiving and opting-out of notifications. The original text “Once you register for Digication, you may not opt out of receiving information concerning your account, updates to Digication or other administrative information regarding Digication, but may still at any time opt out of receiving other promotional information concerning Digication or the products and services of our third party partners by emailing unsubscribe@digication.com at any time.” was changed to
  “Once you register for Digication, you may not opt out of receiving critical information concerning your account, updates to Digication or other administrative information regarding Digication, but may still at any time opt out of receiving other promotional information concerning Digication or the products and services of our third party partners by emailing unsubscribe@digication.com at any time. You may also opt out of notifications generated by activity related to your account by adjusting the notifications settings for your account.”

 

6. Correcting and Updating your information

• In this section we updated language referring to an individual account utilized under an Organization’s subscription. The original text “Note: If you register for Digication on behalf of an organization, you may need to first contact us to update or remove your personal information.” was changed to “Note: If you register for Digication through an organization’s Enterprise Plan, you may need to first contact us to update or remove your personal information.”

 

7. European Union Data Protection

• The information included in this section has been extensively expanded, corrected and reorganized as a separate document. 
• The original text has been condensed to an introduction with a link to our full GDPR policy. The new text is:
  “If you reside in the European Union, upon registration you are required to give explicit consent that the personal information you have provided may be transferred and stored in countries outside the European Union, including the United States. If you fail to provide this consent, you will not be permitted to register for and access Digication.

General Data Protection Regulation 

 

The GDPR is a comprehensive European Union (EU) data privacy law. Along with standardizing user data privacy across the EU member states, the GDPR places requirements on some organizations that handle EU residents’ personal data, regardless of where the organizations themselves are located. 

Digication’s GDPR notice can be viewed here: www.digication.com/gdpr.”

 

8. Privacy Shield Framework

• We added this section with the text: “Digication complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. Please see our Privacy Shield notice for more information: www.digication.com/privacyshield.”

 

9. Additional information

• In this section, we clarified the timing for our response to questions. The original text “We will endeavor to reply to you within two business days to begin our investigation into any concerns about privacy or use of data that you bring to our attention.” was changed to “We will endeavor to reply to you within two business days of receipt of your communication to begin our investigation into any concerns about privacy or use of data that you bring to our attention.”

 

GDPR Privacy Notice 

The changes and additions to our GDPR policy were extensive and for those who are interested, we recommend reviewing the entire text at www.digication.com/gdpr. 

Below is a summary of the changes and additions:

We added a table of contents to assist users in navigating the GDPR policy. 

 

1. Introduction 

We expanded the introduction to further explain the purpose of the privacy notice, to state the conditions under which the GDPR applies, to explain the reasons why the notice may be updated in the future and to state the date of the current version.

 

1.1 Not familiar with the GDPR? 

We added this section to link to additional information about the GDPR.

 

1.2 Who are we and what is our role?

We added this section to identify Digication and to explain Digication’s role in relation to users’ personal data.

 

2. What kind of personal data does Digication store about our users?

 

2.1 General

We added this section to include language to explicitly convey the special categories of personal data Digication does not collect about our users and to caution users about being mindful when adding and sharing content through their ePortfolios.

 

2.2 User Account data

We corrected, expanded and reorganized this section.

 

2.3 Support tickets

We added language to state that support tickets that users may submit to Digication may also contain personal data.

 

2.4 Additional Contact Details

We added language to include information collected through other means, such as inquiry forms from our website.

 

3. Why does Digication store this data and what legal basis do we rely on?

3.1. General

We added language to explain the legal basis under which Digication stores and processes data.

 

3.2 User Account Data 

We expanded language explaining that Digication uses personal data provided by users or their organizations in order to provide the service and allow organizations to manage user accounts.

 

3.3 Support tickets

We added language stating that support tickets may contain personal data and explaining how support tickets are used.

 

3.4 Automated decision-making

We added language to explain what automated decision-making is and that Digication does not use automated decision-making in regard to user accounts. 

 

4. Where is Digication data stored and how is it protected?

We expanded this section to include language regarding our service providers.

 

5. How long does Digication store user data?

We added more details to explain our retention periods for user account data and also the circumstances in which we may not be able to comply with a data request.

 

6. Does Digication share user data with third parties

 

6.1 Necessary Third-party Services

We added this section to explain the circumstances under which we must share user account data with some third parties in order to provide the service, and to explicitly state that Digication does not sell, distribute or share user data with third parties for any marketing or sales purposes.

 

6.2 Optional Third-party Services

We added this section to explain how users can opt-out of sharing their account data with optional third party services.

 

7. How is data destroyed?

We updated this section to correct the timeframe in which we delete accounts marked for deletion.

 

8. Your data protection rights under the GDPR

 

8.1 General

We added this section to explain some of our users’ rights in regard to their personal account data.

 

8.2 No fee usually required

We added this section to make it explicit that users do not usually have to pay a fee to make a data request and the circumstances under which we might charge a fee or refuse a request.

 

8.3 What we may need from you

We added this section to explain our need to authenticate users who submit data requests.

 

8.4 How can I make a request regarding my personal data?

We updated this section to explain in more detail the process through which a user should make a data request.

 

9. GDPR Definitions

We added this section to provide simplified versions of some GDPR specific terms and to link to full definitions