TADnet Terms of Service, Refund Policy, Honor Code

ThinkAndDoNet Terms of Service

Last Updated: September 13, 2023

Welcome, and thank you for your interest in ThinkAndDoNet (also “The Data Tank”, TADnet”, “we”, or “us”). These Terms of Service apply to our website at www.thinkanddonet.org, along with our related websites, hosted applications, mobile or other downloadable applications (collectively, the “TADnet Site”), and other services provided by us (collectively with the TADnet Site, the “Service”). These Terms of Service are a legally binding contract regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CREATING AN TADNET SITE ACCOUNT (“ACCOUNT”) OR DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY FOR THE SERVICE (THE “PRIVACY POLICY”) AND OTHER POLICIES AND ADDITIONAL TERMS WE REFERENCE BELOW (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE TO USE THE SERVICE (AS OUTLINED IN THESE TERMS), OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND TADNET’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY AND BETWEEN TADNET AND YOU TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE. Except for certain kinds of disputes as described in Section 18 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND TADNET EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. TADnet Service Overview.

1.1

TADnet is a mission-driven online community and course provider. Through the Service, you may:

• communicate and network among members;
• browse courses (“Courses”), programs comprising a series of related courses (“Programs”), and other content (collectively with Courses and Programs, “Offerings”) offered by TADnet, our Members (as defined below), The Data Tank, Inc. (the parent company of edX) and The Data Tank, Inc.’s subsidiaries (together with The Data Tank, Inc., “The Data Tank”), The Data Tank’s partners, and other, non-Member institutions;
• create an Account;
• sign up to receive more information about certain Offerings offered through the Service;
• purchase (or otherwise enroll in and have access to) certain of the Offerings offered through the Service, including a recurring subscription to certain Offerings; and
• participate in certain of the Offerings offered through the Service, including engaging with course content, taking tests, obtaining your results and certificates of achievement, and providing feedback following an Offering.

1.2

“Members” means the individuals, organziations, educational institutions or other entities that create Offerings using tools provided by TADnet and offer those Offerings directly to you through the Service. If you are enrolled in the paid or verified track of a Course offered through the Service (the “Certificate Track”), your satisfactory completion of such Course, as determined in our or a Member’s sole discretion, may result in you being awarded a verified certificate of achievement (a “Certificate”) confirming your successful completion of the Course. If you earn a Certificate for each Course in a Program offered through the Service, you will be eligible to receive a Certificate for the Program as well. Unless otherwise determined by TADnet, no Certificates are awarded for learners enrolled in the unpaid track (“Audit Track”) of a Course unless stated in the course description.

1.3

Other Offerings are viewable on the TADnet Site but are provided by educational, corporate, or non-profit partners that are not Members and/or are offered in partnership with The Data Tank. Signing up to receive more information about, enrolling in, or participating in such Offerings may take place on third-party sites (or, in some cases, sites operated by The Data Tank) that are not subject to these Terms.

2. Eligibility.

You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service complies with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

3. Accounts and Registration.

To access most features of the Service, you must register for an Account. When you register for an Account, you will be required to provide us with some information about yourself, such as your name, email address, date of birth, country or region of residence, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a username and password. You are solely responsible for maintaining the confidentiality of your Account and password, which includes not sharing your password or letting anyone else access or compromise your Account and restricting access to the Service from your compatible mobile device(s) and computer(s). You accept responsibility for all activities that occur under your Account. If you believe that your Account is no longer secure, then you should immediately notify us at info@datatank.org.

4. Degree Offerings.

4.1

You may elect to enroll in degree or other credit-bearing programs offered by our Members through the Service (collectively, “Degree Offerings”). Members, and not TADnet alone, are the providers of the distance education within these Degree Offerings and make all decisions regarding admissions, academic/curriculum content, student instruction, degree conferrals, financial aid, and refunds. When you enroll in any Degree Offering, you may be subject to Member policies and practices (whether set forth in a student handbook or otherwise), required to abide by such policies and practices, and subject to disciplinary action for your failure to do so. These Terms do not limit any terms, conditions, policies, and/or practices established by the Member offering any Degree Offering, and any conflict between these Terms and the terms, conditions, policies, and/or practices specific to the Degree Offering of any Member shall be resolved strictly in favor of such terms, conditions, policies, and/or practices. Nothing in these Terms is intended or shall be deemed to supersede any Member’s terms, conditions, policies, and/or practices applicable to you for any Degree Offering.

4.2

Depending on the Degree Offering, tuition and fee payments for a Degree Offering may be collected by TADnet or by the applicable Member. You are encouraged to conduct your own research and determine whether the cost of any Degree Offering is right for you based on your career, personal, financial, and other goals. Members typically control the costs (e.g., tuition and fees) associated with their Degree Offerings and those costs may be subject to change for future academic terms or other relevant time periods. Refunds may be available for paid Services as described in our Refund Policy below or as described in any terms and conditions made available by a Member with respect to a particular Degree Offering.

4.3

Professional licensure and certification requirements may vary by state and country, and job requirements vary by employer. TADnet does not guarantee licensure, certification, or qualification for any profession or job based on your completion of a Degree Offering through the Service. You are advised to research, understand, and comply with the requirements in the applicable state and/or country in which you work or intend to work, and to investigate whether the Degree Offering in which you intend to enroll meets your academic and/or professional needs before enrolling. You should also consult any materials made available by the Member about its Degree Offering(s) with respect to licensure or certification for a particular field or occupation.

5. General Payment Terms.

Certain features of the Service may require you to pay fees. You are responsible for paying all fees charged by or for TADnet and applicable taxes in a timely manner with a payment mechanism associated with the applicable product or service. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged and, as applicable, any other terms and conditions associated with your purchase (e.g., expiration dates for course entitlements). Unless otherwise specifically provided for in these Terms, all fees are in EU Euros and are non-refundable, except as provided in our Refund Policy or as required by law.

5.1

Price. TADnet reserves the right to determine pricing for the Service. TADnet will make reasonable efforts to keep pricing information published on the Service up to date. TADnet may change the fees for any feature of the Service, including additional fees or charges, if TADnet gives you advance notice of changes before they apply. TADnet, at its sole discretion, may make promotional offers with different features and different pricing available to any of TADnet’s business partners or customers. These promotional offers, unless made to you, will not apply to you, and we reserve the right to revoke a promotional offer in the event that we determine you are not eligible. Unless otherwise indicated, the fees charged by TADnet or any of its third-party payment processors for the Service are inclusive of all value added taxes, goods and services taxes, duties, levies, or charges, as determined and applicable based on the tax laws in your country.

5.2

Authorization. You authorize TADnet to charge all sums for any purchases you make within the Service as described in these Terms or otherwise published by TADnet, including all applicable taxes, to the payment method specified in your Account. If you pay any fees with a credit card, then TADnet may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

5.3 Subscription Offerings.

1. This Section 5.3 sets forth additional terms that apply to your use of our Subscription Offerings (as defined below). By subscribing to a Subscription Offering, you agree to the additional terms in this Section. For clarity, to the extent you have access to any subscription-based plan through a TADnet for Business arrangement, such access is not subject to this Section and is instead governed by the agreement between TADnet and the subscribing organization.
2. The Service may include certain subscription-based plans with automatically recurring payments for periodic charges, which enable subscribers to enroll in the Certificate Track of the Offerings included within such plan (each, a “Subscription Offering”). TADnet may offer some Subscription Offerings with a one-time free trial period. For each Subscription Offering, the duration of any free trial period, the duration of the subscription period, and the fee for the Subscription Offering (the “Subscription Fee”) will be specified at the time you subscribe.
3. Your paid subscription to a Subscription Offering (i) will begin on the date when you first purchase your subscription (for clarity, automatically after any applicable free trial period) (the “Subscription Billing Date”) and continue for the duration of the subscription period (such period, the “Initial Subscription Period”), and (ii) will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a “Subscription Period”), unless you cancel your subscription or we terminate your subscription or the Subscription Offering.
4. If you subscribe to a Subscription Offering, then you authorize TADnet or its third-party payment processors to periodically charge, on a going-forward basis and until your cancellation or our termination of your subscription or the Subscription Offering, all sums that have accrued on or before the payment due date. For each Subscription Offering to which you are subscribed, your Account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your subscription for all applicable Subscription Fees for the next Subscription Period. TADnet or its third-party payment processor will bill such charges to the payment method associated with your Account or that you otherwise provide to us. You will promptly update your Account information with any changes to your payment method (for example, a change in your billing address or credit card expiration date) that may occur.
5. You may cancel a subscription to a Subscription Offering by selecting “Orders and subscriptions” and then “Manage my subscription” within your Account settings, which will redirect you to TADnet’s payment processor for Subscription Offerings, where you can click “Cancel plan” for the applicable subscription. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID THE CHARGE FOR THE NEXT SUBSCRIPTION PERIOD. FOR SUBSCRIPTION OFFERINGS WITH A FREE TRIAL PERIOD, YOUR CANCELLATION MUST BE RECEIVED BEFORE THE END OF THE FREE TRIAL PERIOD IN ORDER TO AVOID THE INITIAL SUBSCRIPTION FEE. For more info on canceling a subscription, visit the TADnet Help Center.
6. If you cancel a subscription to a Subscription Offering before the end of the applicable free trial, you will have access to Certificate Track of the Offerings within the Subscription Offering until the end of the free trial period. After that point, TADnet reserves the right to (i) unenroll you from all applicable Offering(s) within such Subscription Offering, which may result in you losing any progress you made in such Offering(s) to the extent you opt to re-enroll in the Offering via a new subscription or otherwise or (ii) change your enrollment in such Offering(s) from the Certificate Track to the Audit Track. If you cancel your subscription to a Subscription Offering after any applicable free trial, you will have access to Certificate Track of the Offerings within the Subscription Offering until the end of the then-current Subscription Period. After that point, TADnet reserves the right to change your enrollment in such Offering(s) from the Certificate Track to the Audit Track.

5.4 Delinquent Accounts.

1. TADnet may suspend or terminate access to the Service, including fee-based portions of the Service, for any Account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent Account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.
2. If your payment method is not valid at the time a Subscription Fee is due and you do not resolve the issues with payment during any applicable grace period that may be provided by TADnet, then TADnet reserves the right to suspend your subscription to the applicable Subscription Offering(s) and (i) unenroll you entirely from all applicable Offering(s) within such Subscription Offering, which may result in you losing any progress you made in such Offering(s), to the extent you opt to re-enroll in the Offering via subscription or otherwise or (ii) change your enrollment in such Offering(s) from the Certificate Track to the Audit Track.

6. Licenses.

6.1

Limited License. Subject to your complete and ongoing compliance with these Terms, TADnet grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile or other downloadable application associated with the Service (whether installed by you or pre-installed on your mobile device by the device manufacturer or a wireless telephone provider) on a mobile device that you own or control; and (b) access and use the Service. For Materials (as defined in Section 7 (Ownership; Proprietary Rights)) included within an Offering, the foregoing license is limited to your use of the Materials in connection with such Offering.

6.2

License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.

6.3

Feedback. We respect and appreciate feedback from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant TADnet an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We have no obligation to provide you with attribution for any Feedback you provide to us.

7. Ownership; Proprietary Rights.

7.1

The Service is owned and operated by TADnet. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by TADnet (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of TADnet, or their third-party licensors (including, as applicable, Members). Except as expressly authorized by TADnet (including as set forth in Section 6 (Licenses) of these Terms) or directly by the applicable copyright holder, you may not make use of the Materials. There are no implied licenses in these Terms and TADnet reserves all rights to the Materials not granted expressly in these Terms.

8. Third-Party Terms.

8.1

Third-Party Services and Linked Websites.

1. TADnet may provide tools through the Service that enable you to export information, including User Content (as defined in Section 9.1 (User Content)), to third-party services, including through our implementation of third-party buttons (such as “like” or “share” buttons) from third-party services, such as Twitter or Facebook. By using one of these tools, you hereby authorize TADnet to transfer that information to the applicable third-party service. The Service may also contain links to third-party websites.
2. Third-party services and linked third-party websites are not under the control of edX, or any TADnet Participant (as defined in Section 14.4 (Modification of the Service)), and, to the fullest extent permitted by law, none of TADnet, and any TADnet Participant are responsible for any third-party service’s use of your exported information or any third-party website’s content. TADnet, and the TADnet Participants are not responsible for and do not routinely screen, approve, review, or endorse the contents of or use of any of the products or services that may be offered by such third parties. Please be sure to review the terms of use and privacy policy of any third-party services and websites before you share any User Content or information with such third-party services or websites. Once sharing occurs, none of TADnet, The Data Tank, and any TADnet Participant will have any control over the information that has been shared. If you decide to access any third-party services or linked third-party websites, you do so at your own risk.

8.2 Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

9. User Content.

9.1

User Content Generally. Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit (“Post”) content to the Service, including messages, reviews, photos, video, or audio (including sound or voice recordings and musical recordings embodied in the video or audio), images, folders, data, text, and any other works of authorship or other works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in these Terms.

9.2

Limited License Grant to TADnet and Members. By Posting User Content to or via the Service, you grant TADnet and, with respect to each Offering, the relevant Member(s), a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content Posted or otherwise used on external services via the Service. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from TADnet’s exercise of the license set forth in this Section 9.2 (Limited License Grant to TADnet and Members).

9.3

Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and have granted non-exclusive rights to a Performing Rights Organization (“PRO”), then you must notify your PRO of the royalty-free license you grant through these Terms to TADnet. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher or a PRO, then you must obtain the consent of that music publisher or PRO to grant the royalty-free license(s) set forth in these Terms or have that music publisher or PRO enter into these Terms with TADnet. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant TADnet the licenses in these Terms to such work(s). If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Service complies with any contractual obligations you have to your record label, including if you create any new recordings through the Service that may be claimed by your label. Finally, if you wish to perform a cover song and Post it to the Service, you are responsible for securing all rights in and to the underlying musical work before Posting your recording or performance of that musical work to the Service.

9.4

You Must Have Rights to the Content You Post; User Content Representations and Warranties. You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. TADnet disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:

1. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize TADnet and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by TADnet, the Service, and these Terms;
2. your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause TADnet to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and
3. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

9.5

User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. TADnet may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and you acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against TADnet with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, TADnet does not permit infringing activities on the Service.

9.6

Monitoring Content. TADnet does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that TADnet reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time TADnet chooses to monitor the content, then TADnet still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with the Privacy Policy. TADnet may block, filter, mute, remove or disable access to any User Content uploaded to or transmitted through the Service without any liability to the user who Posted such User Content to the Service or to any other users of the Service.

10. Communications.

10.1

Push Notifications. When you install our app on your mobile device, you agree (or may be asked to agree) to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device’s “settings” page.

10.2

Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

11. Prohibited Conduct.

BY USING THE SERVICE, YOU AGREE NOT TO:

1. use the community or Service for any illegal purpose or in violation of any local, state, national, or international law;
2. post content related to partisan political activities;
3. harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service;
4. violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
5. access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by TADnet;
6. interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
7. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) collecting personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
8. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Account without permission, or falsifying your age or date of birth;
9. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 7 (Ownership; Proprietary Rights) or any right or ability to view, access, or use any Materials; or
10. attempt to do any of the acts described in this Section 11 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 11 (Prohibited Conduct).

12. Intellectual Property Rights Protection.

12.1

Respect of Third-Party Rights. TADnet respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.

12.2

DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our Designated Agent at the following address:

TADnet
Attn: Data Protection Officer
Cantersteen 10
B-1000, Brussels, Belgium
Email: info@datatank.org

12.3

Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
2. a description of the copyrighted work or other intellectual property right that you claim has been infringed;
3. a description of the material that you claim is infringing and where it is located on the Service;
4. your mailing address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner’s behalf.

Your Notification of Claimed Infringement may be shared by TADnet with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to TADnet making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.

12.4

Repeat Infringers. TADnet’s policy is to: (a) remove or disable access to material that TADnet believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the Account of and block access to the Service by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. TADnet will terminate the Account of any user that is determined by TADnet to be repeat infringers. TADnet reserves the right, however, to suspend or terminate Accounts of users in our sole discretion.

12.5

Counter Notification. If you receive a notification from TADnet that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide TADnet with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to TADnet’s Designated Agent through one of the methods identified in Section 12.2 (DMCA Notification), and include substantially the following information:

1. your physical or electronic signature;
2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. your name, mailing address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which TADnet may be found, and that you will accept service of process from the person who provided notification under Section 12.2 (DMCA Notification) above or an agent of that person.

A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.

12.6

Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to TADnet in response to a Notification of Claimed Infringement, then TADnet will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that TADnet will replace the removed User Content or cease disabling access to it in 10 business days, and TADnet will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless TADnet’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on TADnet’s system or network.

12.7

False Notifications of Claimed Infringement or Counter Notifications. The USA Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (a) that material or activity is infringing, or (b) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of TADnet relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” TADnet reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

13.

Modification of Terms.

We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should request deletion of your Account and related personal information by clicking the button labeled “Delete my account” in your Account settings and discontinue your use of the Service. Please read the Privacy Policy carefully for more information about Account deletion. Except as expressly permitted in this Section 13 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

14. Term, Termination, and Modification of the Service.

14.1

Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 14.2 (Termination).

14.2

Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, TADnet may, at its sole discretion, terminate these Terms and/or your Account, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your Account and these Terms at any time by requesting deletion of your Account by clicking the button labeled “Delete my account” in your Account settings and discontinuing your use of the Service. Please read the Privacy Policy carefully for more information about Account deletion. For more info, visit the TADnet Help Center or contact us at info@datatank.org.

14.3

Effect of Termination. Upon termination of these Terms: (a) your license and all corresponding rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your Account or the Service; (c) you must pay TADnet any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 6.3 (Feedback), 7 (Ownership; Proprietary Rights), 9 (User Content), 14.3 (Effect of Termination), 15 (Indemnity), 16 (Disclaimers; No Warranties by TADnet), 17 (Limitation of Liability), 18 (Dispute Resolution and Arbitration), and 19 (Miscellaneous) will survive. You are solely responsible for retaining copies of any User Content you Post to the Service because you may lose access rights to any User Content you Posted to the Service upon termination of your Account. If your Account has been terminated for a breach of these Terms, then you are prohibited from creating a new Account using a different name, email address or other forms of Account verification.

14.4

Modification of the Service. TADnet and the TADnet Participants (as defined below) reserve the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. TADnet will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service. “TADnet Participants” means the colleges, universities, and other institutions providing Offerings or other products or services through the Service, including the course instructors, and their staff.

15. Indemnity.

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify TADnet, its affiliates, the TADnet Participants and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “TADnet Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

16.

Disclaimers; No Warranties by TADnet.

16.1

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TADNET, The Data Tank, THE TADNET PARTICIPANTS, AND THE OTHER ENTITIES PROVIDING OFFERINGS VIEWABLE ON THE TADNET SITE BUT NOT OFFERED THROUGH THE SERVICE (THE “OTHER PROVIDERS”) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. TADNET, The Data Tank, THE TADNET PARTICIPANTS, AND THE OTHER PROVIDERS DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND TADNET, The Data Tank, THE TADNET PARTICIPANTS, AND THE OTHER PROVIDERS DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. COURSE CONTENT MAY CHANGE AND COURSES MAY NOT REMAIN AVAILABLE.

16.2

No Other Enrollment. Except as described in Section 4 (Degree Offerings) above, nothing in these Terms or otherwise with respect to your participation in any Offering from a Member through the Service results in you being: (a) an applicant for admission to, or enrolled in, any degree or other credit- or credential-bearing program of such Member; and (b) entitled to use any of the resources of such Member beyond the Offerings provided via the Service or eligible to receive student privileges or benefits provided to students enrolled in degree or other credit- or credential-bearing programs of the Member.

16.3

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE, TADNET ENTITIES, OR OTHER PROVIDERS OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE TADNET ENTITIES, OTHER PROVIDERS, OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE (AND ANY PORTION(S) THEREOF) AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

16.4

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 16 (DISCLAIMERS; NO WARRANTIES BY TADNET) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. TADnet does not disclaim any warranty or other right that TADnet is prohibited from disclaiming under applicable law.

17. Limitation of Liability.

17.1

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE TADNET ENTITIES OR OTHER PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY TADNET ENTITY OR ANY OTHER PROVIDER HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

17.2

EXCEPT AS PROVIDED IN SECTIONS 18.5 (COMMENCING ARBITRATION) AND 18.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE TADNET ENTITIES AND THE OTHER PROVIDERS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO TADNET FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (B) US $100.

17.3

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

18. Dispute Resolution and Arbitration.

18.1

Generally. Except as described in Section 18.2 (Exceptions) and 18.3 (Opt-Out), you and TADnet agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TADNET ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

18.2

Exceptions. Although we are agreeing to arbitrate most disputes between you and us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

18.3

Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 18 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to TADnet, Attention: Data Protection Officer – Arbitration Opt-Out, Cantersteen 10, B-1000, Brussels, Belgium that specifies: your full legal name, the email address associated with your Account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once TADnet receives your Opt-Out Notice, this Section 18 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 19.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

18.4

Arbitrator. This arbitration agreement, and any arbitration between you and us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879.

18.5

Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). TADnet’s address for Notice is: TADnet LLC, Attention: TADnet, Cantersteen 10, B-1000, Brussels, Belgium. The Notice of Arbitration must: (a) identify the name and email address of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or TADnet may commence an arbitration proceeding. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in USA Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to the AAA.

18.6

Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your residence unless we agree otherwise or, if the claim is for Euro 10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence. During the arbitration, the amount of any settlement offer made by you or TADnet must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

18.7

Arbitration Relief. Except as provided in Section 18.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by TADnet before an arbitrator was selected, TADnet will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) Euro 10,000. The arbitrator’s award shall be final and binding on all parties, except (i) for judicial review expressly permitted by law or (ii) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.

18.8

No Class Actions. YOU AND TADNET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and TADnet agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

18.9

Modification to this Arbitration Provision. If TADnet makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to TADnet’s address for Notice of Arbitration, in which case your Account will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.

18.10

Enforceability. If Section 18.8 (No Class Actions) or the entirety of this Section 18 (Dispute Resolution and Arbitration) is found to be unenforceable, or if TADnet receives an Opt-Out Notice from you, then the entirety of this Section 18 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 19.2 (Governing Law) will govern any action arising out of or related to these Terms.

18.11

Consumer Protection. You may have rights under applicable consumer protection laws that cannot be excluded, restricted, or modified by these Terms. Nothing in these Terms is intended to supersede your statutory rights as a consumer.

19. Miscellaneous.

19.1

General Terms. These Terms, including the Privacy Policy and Honor Code (as defined below) and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and TADnet regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

19.2

Governing Law. These Terms are governed by the laws of Belgium and the European Union, unless specifically mentioned, without regard to conflict of law principles. You and TADnet submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Brussels, Belgium for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Belgium, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

19.3

Privacy Policy. Please read the Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Privacy Policy will be reviewed and updated from time to time. When we do make material changes, we will give notice via the TADnet Site or by otherwise notifying you. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

19.4

Honor Code. Please read the Honor Code (the “Honor Code”) carefully for our policies regarding academic integrity and academic misconduct. The Honor Code is incorporated by this reference into, and made a part of, these Terms.

19.5

Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

19.6

Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in Section 10 (Communications) and the Privacy Policy. Please read the Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

19.7

Contact Information. The Service is offered by TADnet LLC, located at 7900 Harkins Road, Lanham, MD 20706. You may contact us by sending correspondence to that address or by emailing us at info@datatank.org.

19.8

Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, CA 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

19.9

No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

19.10

International Use. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

19.11

Sanctions. You hereby represent and warrant that you are not: (a) currently the subject or target of any EU or USA sanctions or included on any government’s sanctions list(s); or (b) prohibited from accessing or paying for the Service due to EU or USA sanctions laws or regulations applicable to your location or country of residence.

20.

Notice Regarding Apple.

This Section 20 (Notice Regarding Apple) only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and TADnet only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

Refund Policy

Last Updated: September 14, 2023

Purchases through the Service may be eligible for a refund for a period of time. The general refund policies for some Offering types are described below; provided, however, that certain Offerings may have different refund policies that apply (e.g., no refunds permitted), which will be presented to you at the point of purchase. Refunds will be credited to the payment account used for the purchase and may take up to two billing cycles to process. For clarity, to the extent you have access to any Offering through an TADnet for Business arrangement whereby payment for the Offering is made on your behalf through the entity sponsoring your access, such access is not subject to this Refund Policy and is instead governed by the agreement between TADnet and the purchasing organization.

Notwithstanding anything to the contrary below, please note that we have no obligation to offer you a refund after you earn a Certificate for an Offering or if you complete a Course but are unsatisfied with your final grade, in each case, regardless of whether your refund request was received during the applicable refund period. Please also be aware that we treat violations of our Terms of Service and Honor Code very seriously, and we reserve the right to refuse your refund request if we terminate your access to the Service (or any portion(s) thereof) for violation of our Terms or any of our policies, even if your request is made in accordance with the applicable refund policy for the Offering.

If the applicable refund period for a purchase has passed or refunds are otherwise not available for an Offering and you believe a refund is warranted (e.g., as required under local law), please submit a support ticket via the Contact us form.

For more information about our refund process, please visit the TADnet Help Center.

1. One-time Purchases

• Certificate Track: With respect to your enrollment in the Certificate Track of any Course offered with the option to enroll in either the Certificate Track or the Audit Track, refunds are available for a period of 14 days after your payment or 14 days after the Course starts, whichever occurs later; provided, however, that no refunds are available more than 6 months after your payment. During such refund period, the refund process will be initiated automatically when you withdraw from the Course or unenroll from the Certificate Track by clicking on the unenroll link on the learner dashboard.
• Program Bundles: With respect to your purchase of a Program bundle (i.e., a one-time, upfront purchase of enrollment entitlements that enable you to enroll in the Certificate Track of all Courses within a Program):
  • refunds for unused entitlements are available for a period of 6 months after your payment; and
  • refunds for used entitlements (i.e., you use an entitlement to enroll in a Course) are available for a period of 14 days after your enrollment or 14 days after the Course starts, whichever occurs later; provided, however, that no refunds are available more than 6 months after your payment.

Please email billing@datatank.org to request a refund. For more information about Program bundles, please visit the TADnet Help Center.

• Professional Education Courses: With respect to your enrollment in a Professional Education course (i.e., a Course offered on the TADnet Site without an Audit Track), refunds are available for a period of 2 days after your payment or 2 days after the course starts, whichever occurs later; provided, however, that no refunds are available more than 6 months after your payment. Please email info@datatank.org to request a refund.

For more information about refund options for one-time purchases (for example, changing to another course session), please visit the TADnet Help Center.

2. Month-to-Month Subscription Offerings

TADnet does not offer refunds for payments made for month-to-month Subscription Offerings.

As noted in Section 5.3 (Subscription Offerings) of the Terms, to avoid being charged after a free trial period, you must cancel your subscription before your free trial ends

3. Degree Offerings

With respect to any Degree Offering, the Member offering such Degree Offering establishes and administers the refund policies and communicates such policies to students enrolled in the Degree Offering.

4. Other Products and Services

Except as described in this Refund Policy or as explicitly stated at the point of purchase, TADnet has no obligation to provide refunds, vouchers, or entitlements for any other product or service through the Service.

Honor Code

Effective Date: October 28, 2019

Collaboration Policy

By enrolling in a course on TADnet, you are joining a special worldwide community of learners. The aspiration of TADnet is to provide anyone with an internet connection access to courses from the best universities and institutions in the world and to provide our learners the best educational experience internet technology enables. You are a part of the community that will help TADnet achieve this goal. TADnet depends upon your motivation to learn the material and to do so with honesty and academic integrity. In order to participate in TADnet, you must agree to the Honor Code below and any additional terms specific to a course or program. This Honor Code, and any additional terms, will be posted on each course website.

Honor Code Pledge

By enrolling in an TADnet course or program, I agree that I will:

• Complete all tests and assignments on my own, unless collaboration on an assignment is explicitly permitted.
• Maintain only one user account, unless TADnet has approved the use of a separate user account in connection with an employer-sponsored or university-sponsored program.
• Not let anyone else use my username and/or password.
• Not engage in any activity that would dishonestly improve my results, or improve or hurt the results of others.
• Not post answers to problems that are being used to assess learner performance.

Violations

If you are found in violation of the Terms of Service or Honor Code, you may be subject to one or more of the following actions:

• Receiving a zero or no credit for an assignment;
• Having any certificate earned in the course or program withheld or revoked;
• Being unenrolled from a course or program; or
• Termination of your use of the TADnet Site.
• Additional actions may be taken at the sole discretion of TADnet and TADnet Member course providers.

No refunds will be issued in the case of any corrective action for such violations.

Honor Code violations will be determined at the sole discretion of TADnet Members. You will be notified if a determination has been made that you have violated this Honor Code and you will be informed of the corresponding action to be taken as a result of the violation.

Changing the Honor Code

Please note that we review and may make changes to this Honor Code from time to time. Any changes to this Honor Code will be effective immediately upon posting on this page, with an updated effective date. By accessing the TADnet Site after any changes have been made, you signify your agreement on a prospective basis to the modified Honor Code and any changes contained therein. Be sure to return to this page periodically to ensure familiarity with the most current version of this Honor Code.

TADnet Privacy Policy

Last updated September 13, 2023

The ThinkAndDoNet (also “TADnet,” “we,” or “us” in this Privacy Policy) cares about the confidentiality and security of your information. TADnet operates the TADnet Site, which consists of content and pages located within the thinkanddonet.org web domain and TADnet mobile applications.

The TADnet Site allows you to:

• Communicate and network with the data community;
• Browse courses and programs offered by TADnet, our Members (as defined below), The Data Tank (the parent organization of TADnet) (together “The Data Tank”), The Data Tank’s partners, and other, non-Member institutions;
• Create a TADnet account;
• Sign up to receive more information about some courses and programs on the TADnet Site;
• Enroll in some of the courses on the TADnet Site; and
• Participate in some of the courses on the TADnet Site, including engaging with course content, taking tests, obtaining your results and any certificates, and providing feedback following a course.

Some courses available on the TADnet Site may be offered by our Members. This term refers to individuals, organizations or educational institutions or other leading global entities that create courses and/or programs using tools provided by TADnet and offer those courses directly to you through the TADnet Site.

Other courses and programs are viewable on the TADnet Site but are provided by educational institutions, corporate, and non-profit partners that are not Members and/or are offered in partnership with The Data Tank. Signing up to receive more information about, enrolling in, or participating in these courses or programs may take place on third-party sites (or, in some cases, sites operated by The Data Tank) that are not subject to this Privacy Policy. The privacy policies explaining how your Personal Information (as defined below) will be collected, used, and disclosed when you enroll and participate in those courses and programs, and your rights over your Personal Information, will be made available to you when you visit the relevant site, begin the enrollment process, or start the course or program, as applicable.

This Privacy Policy describes how TADnet collects, uses, and shares your Personal Information when you interact with the TADnet Site or when someone interacts with the site on your behalf (e.g., the Learning & Development administrator for the institution sponsoring your enrollment). The term “Personal Information” (as used throughout this Privacy Policy) is information that relates to an individual who can be directly or indirectly identified.

This Privacy Policy also describes how TADnet uses your Personal Information when you interact with TADnet on certain other sites (e.g., on social media sites). Finally, it describes how Members collect, use, and share your Personal Information when you enroll in courses offered by those Members on the TADnet Site.

If you do not agree with the terms of this Privacy Policy, please do not access, browse, or create an account on the TADnet Site, enroll in any courses, or complete any form requesting additional information about offerings on the TADnet Site. Any version of this Privacy Policy in a language other than English is provided for convenience, and the English language version is the authoritative version if there is any conflict.

1. CONTENTS OF THIS PRIVACY POLICY
2. INFORMATION TADNET COLLECTS FROM AND ABOUT YOU (INCLUDING PERSONAL INFORMATION)

A. Browsing the TADnet Site and courses, creating an TADnet account, signing up to receive more information about courses, and communicating with and inside TADnet

TADnet collects information from you when you create an TADnet account and/or sign up to receive more information about courses offered on the TADnet Site. For example, we require your name, username, email address and country of residence when you create an account. (You can voluntarily choose to share additional information in your profile, but this is not required.) We also require your contact details when you sign up to receive more information about courses, otherwise we cannot send you this information, and we collect information from you when you send messages to us (whether on the TADnet Site or on other platforms, e.g., social media sites). You may unsubscribe from TADnet promotional emails at any time by clicking “unsubscribe” on the emails you receive from us.

TADnet also automatically collects information about your visit to the TADnet Site when you browse courses on the TADnet Site, as explained in our Cookie Policy.

Some courses or programs are viewable on the TADnet Site but are offered in partnership with other providers, including The Data Tank. When you sign up to receive more information about these courses or programs, you supply your Personal Information directly to that provider or otherwise direct TADnet to share your information with that provider. In those cases, the privacy policies explaining the Personal Information that the provider collects, and how the provider uses it, will be made available to you when you sign up. If you later choose to unsubscribe from receiving promotional messages about these courses or programs, you must do so directly with the course provider by clicking “unsubscribe” on the email you receive from that provider. Providers of other courses or programs for which you have signed up to receive information will continue to send you communications unless and until you unsubscribe directly with that provider.

B. Enrolling in courses

TADnet collects information from you when you enroll in courses on the TADnet Site. For example, if you enroll in any course on the TADnet Site that requires payment to access the course and/or be eligible for a Verified Certificate of Achievement, we require Personal Information to enable you to pay for that course, so that our third-party vendor can process payment. A Verified Certificate of Achievement (“Certificate”) is a virtual certificate that shows that you have successfully completed your TADnet course or program or other product or service. You can also provide additional information if you wish to apply for financial assistance to pay for a course.

Note that TADnet does not itself collect or store financial account numbers or identification issued by a governmental entity, employer, or other authority. Instead, if you choose to make a purchase on the TADnet Site, you will be directed to TADnet’s third-party payment processor. If you do not wish to submit the required payment information, then you will not be able to move forward with your purchase.

TADnet also automatically collects information about your visit to the TADnet Site when you enroll in courses on the TADnet Site, as explained in the Cookie Policy.

When you enroll in a course on the TADnet Site, the Member that offers the course will receive Personal Information from your TADnet account profile.

As set out above, enrollment for some courses and programs viewable on the TADnet Site takes place on other sites, including those operated by The Data Tank. In those cases, this Privacy Policy does not apply. The course or program provider’s privacy policy will be made available to you when you begin the enrollment or application process.

C. Participating in courses

TADnet collects information from you when you participate in courses offered on the TADnet Site. For example, we collect the information that you submit as part of your participation in the course, that you include in messages to TADnet (including messages to learner support), that you provide in user surveys, or that you provide on public forums, webinars and other interactive experiences on the TADnet Site. We also require Personal Information when you participate in remote proctoring or other course facilitation processes, so that TADnet’s third-party vendor can monitor and assess the integrity of your course activity, or when you earn a Certificate (the certificate will have your name on it).

TADnet also collects usage information about your participation in courses, as explained in the Cookie Policy.

When you participate in a course, the Member that offers the course will receive Personal Information about your activity and performance in the course.

As set out above, participation for some courses and programs viewable on the TADnet Site takes place on other sites, including those operated by The Data Tank. In those cases, this Privacy Policy does not apply. The course or program provider’s privacy policy will be made available to you when you begin your participation in the course or program.

D. Information Collected from Other Sources

Where permitted by law, we collect or receive information about you from Members, your employer or potential employer, third parties to which you indicate that you would like to learn more about a course or program offered on the TADnet Site, organizations that are our partners, companies to which you’ve provided your information for professional or continuing education opportunities, or The Data Tank (collectively “Other Sources”) in order to update or supplement the information that you provide or that we collect automatically when you visit the TADnet Site. We use this information to help us maintain the accuracy of the information we collect, to target our communications so that we can inform you of products, services or other offers that may be of interest to you, and for internal business analysis or other business purposes. We collect Personal Information from Other Sources with your consent where such consent is required or, otherwise, for the purposes of our legitimate interests, as further described below in How TADNet uses your Personal Information.

E. Children’s Information

We do not direct the TADnet Site to, nor do we knowingly collect any Personal Information via the TADnet Site from, children under the age of 13. If you learn that a child has provided us with Personal Information in violation of this Privacy Policy, you may notify us at info@datatank.org.

1. HOW TADNET USES YOUR PERSONAL INFORMATION

TADnet uses information, including Personal Information, to carry out the following purposes:

1. Operate and improve the TADnet Site — We use information we collect for this purpose, including creating and improving features that support the TADnet community and enable TADnet Site usage at scale. This also includes personalizing the TADnet Site, so your learning experience is tailored to your interests and needs. We do this to meet our legitimate business interests in offering the most useful and helpful experience for our learners.
2. Create, administer, provide, and teach courses — We use information we collect for this purpose, including creating and improving the delivery of massive open online courses and programs on the TADnet Site. This also includes personalizing courses, so your learning experience is tailored to your interests and needs, assessing your performance, and awarding Certificates. We do this to meet our legitimate business interests in offering the most useful courses possible.
3. Offer and improve products and services — We use information we collect for this purpose, including enabling you to navigate the TADnet Site, to enroll and participate in courses and programs on the TADnet Site, to learn effectively in such courses and programs, to purchase or obtain products and services on the TADnet Site such as Certificates, and to invite you to participate in market research. We offer products and services on the basis that it is necessary to fulfill our contractual obligations to you under the Terms of Service and improve our products and services to meet our legitimate interests in offering the highest-quality online courses and programs available.
4. Develop and maintain the security and performance of the TADnet Site — We use information we collect for this purpose, including tracking TADnet Site outages and creating software solutions, detecting violations of the Honor Code and Terms of Service, and monitoring uses, misuses, and potential misuses of the TADnet Site. We do this to meet our legal obligations to keep Personal Information secure and to meet our legitimate business interests in keeping the TADnet Site available at all times.
5. Communicate with you — As permitted by law, we use information we collect for this purpose, including answering your course and platform questions and notifying you of course and TADnet Site maintenance and updates. We do this on the basis of our legitimate interests in keeping learners up to date about our platform and responding to learner questions.
6. Promote courses and programs — As permitted by law, we use information we collect for this purpose, including developing and providing promotional and advertising materials that may be useful, relevant, valuable or otherwise of interest to you. We send marketing and advertising to you about course offerings, programs, news, and related products and services of TADnet or TADnet affiliates (including The Data Tank), as well as communications about products or services of selected business partners that may be of interest to you. Where required by law, we only send you marketing that you have asked for or that you have given your consent to receive. In other cases, we send marketing to meet our legitimate business interests to promote our business.
7. Support scientific research including, for example, in the areas of cognitive science and education — We use the information about your participation in courses for this purpose, including collaborating to enable and conduct research about how learners access and master course materials online, with the goal of improving course outcomes. We do this to meet our legitimate interests in supporting scientific and educational research.
8. Track TADnet Site usage against goals and mission — We use information we collect for this purpose, including performing analytics to evaluate access to and performance in courses and course-related products and services and to report aggregate usage information (not Personal Information) to business partners and external audiences. We do this on the basis of our legitimate interests in completing and furthering our goals and the mission of the TADnet Site.
9. Exercise, enforce, and comply with legal rights and obligations — In some circumstances, we use information we collect for this purpose, including responding to subpoenas, court orders, or other legal process; and investigating, preventing, or taking action regarding illegal activities, suspected fraud, security or technical issues, or to protect the rights, property, or safety of TADnet, our Members, The Data Tank, or others, and as otherwise required by applicable law. We do this to comply with applicable law (including laws requiring us to keep Personal Information secure), or to meet our legitimate interests in preventing illegal activity, and/or protecting our rights and those of others.

TADnet may also seek your consent for additional uses of information, including Personal Information, and in such cases will use your Personal Information only for the purpose described to you. All use of Personal Information is subject to applicable law.

2. HOW TADNET SHARES YOUR PERSONAL INFORMATION

TADnet shares the information we collect about you, including Personal Information, with other entities or individuals in the following circumstances:

2. With Members — Members receive your Personal Information when you enroll or participate in their courses or programs, as described in Section V below.
3. With service providers, contractors, and other third parties that help carry out the uses described above — We share your information with third parties that provide business, professional, or technical support functions for us. These service providers are only given access to your information to the extent necessary to process your information and/or provide services to TADnet, and they are prohibited from using or sharing your information for any other purposes. They also are required to handle Personal Information in a confidential manner and maintain reasonable security practices. In some cases, the TADnet Site and individual courses are integrated with services or content provided by third parties not affiliated with TADnet (“Third-Party Content”). Third-Party Content linked to or embedded on the TADnet Site is governed by the privacy policies of those third parties. Your use of Third-Party Content is subject to each site’s privacy policy, which may be different from ours. We have no control over the information that is collected, stored, or used by Third-Party Content. For more information about exercising your choices regarding personalized ads offered through our advertising partners, please see our Cookie Policy.
4. With other learners in courses that you take and with other visitors to the TADnet Site, to create an interactive learning environment, support class participation, and share course information — This includes sharing comments, coursework, or other information or content that you submit to a portion of the TADnet Site designed for viewing by other class members or for public communication. This also includes providing opportunities for you to communicate with other users who may have similar interests or educational goals, for instance, recommending specific study partners or connecting potential student mentees and mentors. In such cases, TADnet may use all information collected about you to determine who might be interested in communicating with you but will only provide others your username (for clarity, no disclosure of your real name or email address).
5. With employers, government programs, institutions, or other enterprises that sponsor your enrollment in a course for training or other educational purposes — If an entity pays for or otherwise sponsors your Certificate or course participation, TADnet will share information with the entity as needed to confirm your enrollment, participation, progress, and completion status in that course.
6. With affiliates of TADnet, including The Data Tank — All Personal Information shared by TADnet with The Data Tank will be used consistent with this Privacy Policy.
7. For legal or safety reasons — We access or share your information to satisfy any applicable law, regulation, legal process, or governmental request; in connection with an investigation on matters related to public safety; as permitted by law; or otherwise as required by law. We disclose your information to protect the security of the TADnet Site and our servers, network systems, and databases. We also disclose your information, as necessary, if we believe that there has been a violation of our Honor Code or Terms of Service (including investigation of potential violations thereof), any other legal document or contract related to the TADnet Site, or the rights of any third party.
8. To detect, prevent, or otherwise address fraud, security or other technical issues.
9. Pursuant to a sale or transfer of business or assets — TADnet may sell or purchase assets during the normal course of our business. If another entity acquires us or any of our assets, information we have collected about you may be transferred to such entity. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third parties. Should such a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use your information in a manner that is consistent with this Privacy Policy.

TADnet may also seek your consent for additional disclosures of information, including Personal Information, and will share it only as described to you or as described in this Privacy Policy. In addition, TADnet may de-identify or aggregate your Personal Information and share it with the public and with third parties, including, but not limited to, researchers and business partners.

We may transfer Personal Information from your location to other countries, including Australia, Canada, the European Economic Area, Mexico, South Africa, the United Kingdom, and the United States, where our employees and/or servers are located. Where your Personal Information is transferred outside of the country where you are located, such information is adequately protected by an adequacy decision by EU authorities, Standard Contractual Clauses, or a service provider’s Binding Corporate Rules. A copy of the relevant mechanism can be provided for your review on request to info@datatank.org.

3. HOW MEMBERS COLLECT, USE AND SHARE YOUR PERSONAL INFORMATION

Members receive your Personal Information after you enroll in a course or program offered by that Member or otherwise with your express consent. If you enroll in a course, the Member that offers that course will receive Personal Information from your TADnet account profile. During your participation in a course, the Member that offers that course will receive the information that TADnet collects about your activity and performance in that course.

Members use your Personal Information for the following purposes:

3. Create, administer, provide, and teach courses;
4. Offer and improve products and services;
5. Communicate with you;
6. Promote courses and programs;
7. Support scientific research including, for example, in the areas of cognitive science and education; and
8. Exercise, enforce, and comply with legal rights and obligations.

Members share your Personal Information in the following ways:

3. With service providers, contractors, and other third parties;
4. With other learners in courses that you take and with other visitors to the TADnet Site, to create an interactive learning environment, support class participation, and share course information;
5. With their affiliates;
6. For legal or safety reasons;
7. To detect, prevent, or otherwise address fraud, security or other technical issues; and
8. Pursuant to a sale or transfer of business or assets.

Members may also seek your consent for additional use or sharing of information, including Personal Information, and will use/share it only for the purpose described to you. All use and sharing of Personal Information is subject to applicable law. Members may de-identify or aggregate your Personal Information and share it with the public and with third parties, including but not limited to researchers and business partners.

4. HOW TO MANAGE YOUR PERSONAL INFORMATION

You can manage your Personal Information through learner features on the TADnet Site and requests to the TADnet learner support team. If your request involves information controlled by a Member, TADnet will, as applicable, notify the appropriate Member to address your request. TADnet will provide support to the extent required by applicable law (e.g., for learners in the European Union, United Kingdom, South Africa, Brazil, the People’s Republic of China, California, Virginia, Colorado, Connecticut and other locations) and more broadly when possible, as a courtesy in our sole discretion. TADnet will notify you in the event that TADnet is unable to meet a request that is not legally required. Similarly, Members will only be obligated to comply with requests to the extent legally required but may choose to comply with other requests in their sole discretion. If you believe your rights regarding your Personal Information have been infringed upon, please contact us at info@data.org. Individuals with unresolved concerns may have the right to lodge a complaint with their applicable data protection authority.

If you have requested information about and/or enrolled in courses or programs offered on third-party sites or by providers that are not Members, including courses or programs offered by The Data Tank, the privacy policies relevant to those courses or programs describe how to exercise your rights over your Personal Information.

1. Access and correct your Personal Information

Much of your Personal Information is available in your TADnet account. Your name, email address, and other identifiable profile information is editable through your TADnet Account Settings except as noted below. Your account dashboard lists all current and archived courses in which you have enrolled and includes links to any Certificates you may have earned. You may download copies of your earned Certificates directly from your TADnet account. Please contact TADnet learner support to request any corrections to your Personal Information.

Please note that usernames cannot be changed. This is an TADnet system restriction. Because usernames identify you in courses and elsewhere on the TADnet Site, TADnet encourages you to use discretion in choosing your username. If you want to protect your identity, do not use your real name or a name identifiable to you as your username. Also, TADnet does not track or index every time or every place on the TADnet Site when or where a learner may volunteer Personal Information, so neither TADnet nor Members will be able to help you locate or manage all such instances. TADnet encourages you to use discretion before volunteering Personal Information on the TADnet Site.

• Restrict or object to the processing of Personal Information

If you want to manage emails and other communications TADnet sends to you, you may update your preferences in your TADnet account dashboard, follow the steps described in links at the bottom of email messages, or contact TADnet learner support. If you exercise your right to unsubscribe from promotional emails or other communications from TADnet, you will continue to receive promotional emails and other communications from providers that you have not yet exercised this right in relation to, unless and until you unsubscribe directly with that provider. To unsubscribe from marketing messages you receive after requesting information about a program or course offered by a non-Member provider, including The Data Tank, please follow the links at the bottom of those email messages.

You may object to, or request that TADnet or a Member cease, use of your Personal Information for other purposes by contacting the TADnet learner support team. Please note that if you choose to restrict TADnet’s or a Member’s ability to process Personal Information, and the processing is otherwise required to provide you with various services and products offered on the TADnet Site, you may not be able to establish an TADnet user account or enroll in a course, and TADnet or a Member may not be able to provide you with those services or products.

• Delete account and Personal Information

To request deletion of your TADnet account and Personal Information, you should click the button labeled “Delete my account” in your TADnet account settings. Because this is a permanent action and cannot be reversed, TADnet may ask you to complete an authentication process that aims to confirm your authority to manage the TADnet account affected by your request.

With respect to your TADnet account, TADnet will permanently:

4. deactivate your TADnet account,
5. remove the active profile,
6. retire your username, and
7. remove you from TADnet email lists.

With respect to your Personal Information, TADnet will permanently remove your TADnet account profile Personal Information from the TADnet Site.

As noted above, to the extent that TADnet associates the information that TADnet collects directly or indirectly with an individual (for example, you), the association is based on Personal Information in your TADnet account profile. By erasing the Personal Information in your TADnet account profile, the remaining information about your activity on the TADnet Site will no longer be associated with you. These changes will be applied to data stores that are used for operation of the TADnet Site including course administration by Members. If you enrolled in any courses or programs on the TADnet Site, TADnet will share your request for deletion with the Member(s) that offered those courses or programs.

We retain some data for a further period for the purposes described in Section VI.D below. We also do not track or index every time or every place on the TADnet Site when or where a learner may volunteer Personal Information, so neither TADnet nor Members will be able to help you locate or manage all such instances. TADnet encourages you to think carefully before voluntarily sharing Personal Information on the TADnet Site.

• Data retention

TADnet will retain your Personal Information for as long as your account is active or as needed to: provide you with services you have requested; maintain a record of your transactions for financial reporting, audit, and compliance purposes; or comply with TADnet’s legal obligations, resolve disputes, enforce our agreements, and as otherwise permitted by applicable law. If you enroll in a Member’s course, such Member will also retain your Personal Information for as long as needed to provide you with services you have requested; to maintain a record of your transactions for financial reporting, audit, and compliance purposes; and to comply with its legal obligations, resolve disputes, enforce its agreements, and as otherwise permitted by applicable law. Upon your request that TADnet deactivate your account and delete your information, TADnet will, within 30 days of your request, follow the process described in Section VI.C above, including, without limitation, archiving your course data (in a manner and to the extent permitted under applicable law) to serve its mission to enable scientific research on cognitive science and education. These archives will be used to produce encrypted research data packages for Members, and each such Member may also keep and use course data for scientific research.

5. NOTICE FOR CALIFORNIA CONSUMERS

Categories of Personal Information that We Collect and Disclose

As required by the California Consumer Privacy Act (“CCPA”), below are the categories of Personal Information about California consumers that we collect and disclose for a business purpose.

We collect and disclose for a business purpose the following categories of Personal Information:

5. Contact Information and Identifiers, including real name, alias, postal address, unique personal identifier, online identifier, IP address, email address, phone number, account name, or other similar identifiers.
6. Commercial Information, including records of products and services purchased and purchasing history.
7. Customer Records, including paper and electronic customer records containing Personal Information, such as name, signature, address, telephone number, physical characteristics (profile photograph), education, employment, employment history, financial information relevant to your payments, or medical information relevant to your participation in a course or program offered on the TADnet Site.
8. Usage Data, including internet or other electronic network activity information, such as information about how you interact with our services or advertisements.
9. Audio, electronic, visual, thermal, olfactory or similar information, including audio/video recordings of class sessions.
10. Biometric information, including facial recognition used for identity verification, where required by the Member, and remote proctoring.
11. Employment History, including professional or employment-related information.
12. Education Information, including information about education history or background.
13. Protected Classifications, characteristics of protected classifications under California or federal law such as race, color, sex, age, gender identity, national origin, disability and citizenship status.
14. Inferences drawn from any of the information identified above reflecting your preferences and characteristics.

Categories of Sources of Personal Information

The categories of sources of Personal Information we collect are described in the information that TADNet collects from you above.

Purposes for Collecting and Disclosing Personal Information

We collect and disclose the Personal Information identified above for the following purposes:

5. Operate and improve the TADnet Site;
6. Create, administer, provide, personalize, and teach courses;
7. Offer and improve products and services;
8. Develop and maintain the security and performance of the TADnet Site;
9. Communicate with you, including answering your course and platform questions and notifying you of course and TADnet Site maintenance and updates;
10. Promote courses and programs, including developing and providing promotional and advertising materials that may be useful, relevant, valuable or otherwise of interest to you, on behalf of TADnet and our business partners;
11. Support scientific research including, for example, in the areas of cognitive science and education;
12. Track TADnet Site usage against our goals and mission;
13. Exercise, enforce, and comply with legal rights and obligations, including our Terms of Service and Honor Code; and
14. For other purposes for which we provide specific notice at the time the information is collected.

TADnet may also seek your consent for additional uses of information, including Personal Information.

Categories of Third Parties to Which Personal Information is Disclosed

We disclose the categories of Personal Information identified above to the following categories of third parties:

5. Members (all categories of Personal Information),
6. Third-party providers that serve business, professional or technical support functions (all categories of Personal Information),
7. The Data Tank (parent organization of TADnet) (all categories of Personal Information),
8. Your employer or sponsor, or their designee (Contact Information and Identifiers, Customer Records, Employment History, Education Information),
9. Potential employers (Contact Information and Identifiers, Customer Records, Employment History, Education Information), or
10. Third parties for legal matters or safety purposes (all categories of Personal Information).

Data Retention Periods

TADnet will retain your Personal Information for as long as your account is active or as needed to: provide you with services you have requested; maintain a record of your transactions for financial reporting, audit, and compliance purposes; or comply with TADnet’s legal obligations, resolve disputes, enforce our agreements, and as otherwise permitted by applicable law. Upon your request that TADnet deactivate your account and delete your information, TADnet will, within 30 days of your request, follow the process described in Section VI.C above, including, without limitation, archiving your course data (in a manner and to the extent permitted under applicable law) to serve its mission to enable scientific research on cognitive science and education. These archives will be used to produce encrypted research data packages for Members, and each such Member may also keep and use course data for scientific research.

California Consumer Rights

California law gives California consumers the right to make the following requests:

5. The right to opt-out of the sale or sharing of your Personal Information.
6. The right to request a copy of the Personal Information that we have collected about you in the prior 12 months.
7. The right to request deletion of the Personal Information that we have collected from you, subject to certain exemptions (for example, where the information is used by us to detect security incidents, debugging or to comply with a legal obligation).
8. The right to correct inaccurate Personal Information that we maintain about you.
9. The right to request more details about the Personal Information we collect and how and why we use and share it, including the categories of Personal Information we have collected about you, the categories of sources for Personal Information we collect, the business or commercial purposes for collecting Personal Information, and the categories of third parties with which we share Personal Information.

You can submit a copy, deletion, correction or right-to-know request online by following the steps outlined in How to manage your Personal Information above, or by emailing info@datatank.org. To opt out of the sale of your Personal Information or the sharing of your Personal Information for cross-context behavioral advertising, please visit Your Privacy Choices, also linked at the bottom of each page on the TADnet Site.

If you implement browser-based opt-out preference signals, TADnet will opt you out of the sale of your Personal Information and sharing of your Personal Information for cross-context behavioral advertising. You can enable these signals through your browser settings for browsers that offer them. Please refer to your browser for additional information and instructions.

You may authorize another person (your “authorized agent”) to submit a request on your behalf through the methods described above. Your authorized agent should submit proof that you gave the agent signed permission to submit the request. We may still require you to directly verify your identity and directly confirm that you have provided the authorized agent permission to submit the request.

You have the right not to receive discriminatory treatment for the exercise of your CCPA privacy rights, subject to certain limitations. We do not discriminate if you exercise your rights under the CCPA. TADnet does not use or disclose your sensitive Personal Information for purposes other than those set forth in the CCPA.

California’s Shine the Light Law. If you are a California resident and do not want TADnet to disclose your information to third parties (including to The Data Tank or Members) for their direct marketing purposes, you may opt out by contacting TADnet learner support.

6. STORAGE & SECURITY

TADnet stores information, including Personal Information, on its own servers and on servers of companies that TADnet hires to provide services. Each Member also stores information, including Personal Information, on its own servers and/or on servers of companies that the Member hires to provide services. In each case, information may be stored in the European Union and in possibly, although not preferred, other countries where TADnet or a Member operates, and in countries where TADnet and each Member’s respective service providers operate. If you are in the European Union, Switzerland, or other regions with laws governing data collection and use, you acknowledge that TADnet and each Member may transfer, process and store your Personal Information in the United States and other countries, the privacy laws of which may be considered less strict than those of your region.

TADnet controls its own copy of information collected through the TADnet Site and has an information security program designed to protect information in its possession or control. This is done through a variety of privacy and security policies, processes, and procedures. TADnet uses administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the information that it collects, receives, stores, or transmits. Nonetheless, no method of transmission over the Internet, or method of electronic storage, is 100% secure; and therefore, TADnet cannot guarantee its absolute security. While TADnet works hard to ensure the integrity and security of its network and systems, TADnet cannot guarantee that its security measures will prevent unauthorized persons from illegally accessing or obtaining information.

If TADnet learns of a security breach involving its copy of your Personal Information, TADnet may attempt to notify you electronically so that you may take appropriate protective steps. By using the TADnet Site or providing Personal Information to TADnet, you agree that TADnet can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the TADnet Site. If a security systems breach occurs, TADnet may post a notice on the TADnet homepage (www.TADnet.org) or elsewhere on the TADnet Site and may send an email to you at the email address associated with your TADnet account. Depending on where you are located, you may have a legal right to receive notice of a security breach, involving your Personal Information, in writing.

If a Member learns of a security breach involving that Member’s copy of your Personal Information, the Member may attempt to notify you electronically so that you may take appropriate protective steps. By enrolling in a Member’s course on the TADnet Site or providing Personal Information to the Member, you agree that the Member can communicate with you electronically regarding security, privacy, and administrative issues relating to your course enrollment and participation. If a security systems breach occurs, the affected Member may post a notice on the TADnet site and/or send an email to you at the email address associated with your enrollment in the Member’s course on the TADnet Site. Depending on where you are located, you may have a legal right to receive notice of a security breach, involving your Personal Information, in writing.

7. PRIVACY POLICY UPDATES

This Privacy Policy will be reviewed and updated from time to time. When we do make material changes, we will give notice via the TADnet Site or by otherwise notifying you. The Privacy Policy will include a “Last Updated” date indicating that you should review the new terms, which will be effective immediately upon posting on this page. By accessing the TADnet Site after any changes have been made, you accept the modified Privacy Policy and any changes contained therein. In case you miss the notification referenced above, be sure to return to this page periodically to ensure familiarity with the most current version of this Privacy Policy.

8. CONTACT INFORMATION

If you have privacy concerns, have disclosed data you would prefer to keep private, or would like to access, delete or correct the Personal Information that TADnet maintains about you, please contact us at info@datatank.org. You may also write to us at: ATTN: Data Protection Officer, TADnet, Cantersteen 10, B-1000, Brussels, Belgium. If your request involves a Member, TADnet will, as appropriate, notify the appropriate Member of your request.

If you reside in the EU, you can contact our EU representative at Data Protection Officer, Cantersteen 10, B-1000, Brussels, Belgium.

Depending on your location, you also may have the right to file a complaint with the data protection regulatory authority in the country where you reside.