Terms for the use of edurio services and website

Welcome to the website of Edurio Ltd (“Edurio”) at www.edurio.com (“Website”).

The following terms for the use of the Edurio services and the Website (“Terms”) govern issues regarding the use of the Website and related matters, including access to and use of the content and the services included in the Website (“Services”).

By using Edurio’s Website and its associated domains, you agree to comply with these Terms, all applicable laws and regulations, and any other legal notices or conditions or guidelines posted on the Website which we may update without notice.

1. Definitions

1.1. User – any person accessing the Edurio platform;

1.2. Respondent – a User accessing the Edurio platform to answer a survey;

1.3. Workspace – a virtual workspace that represents either an individual educator or an education institution or any other institution. A user can use a workspace only if they have a user account that has access to that workspace.

1.4. Account – a user account through which the User can access workspaces and workspace functionality. Depending on granted functionality, Users access their accounts with either a username or email and password, or with a single login code. Each account has separate functionality in the workspace depending on the workspace and the active package;

1.5. Workspace administrator – an account type which depending on its permission can manage the workspace;

1.6.  Workspace holder – the person that has been granted rights by Edurio to use services of a workspace to do data gathering and data analysis.

Creation and Use of an Account

2.1. To access the Service, each individual User Account has to be linked to a Workspace. Users may also be Respondents who are linked to a Workspace but do not manage the Workspace.

2.2. The types of Accounts may be modified or updated from time to time. Each type of Account  has differing levels of access, ability to create and view surveys, and visibility of results.

2.3. Workspaces are created by Edurio and managed by an Administrator. The Administrator is responsible for managing the Workspace, administering surveys and may access the results. By accessing and administering an Account, its Administrator confirms that he or she is acting with the knowledge and authority of the respective Workspace holder. Administrators have responsibility to maintain the Workspace in their care and to inform Users of the proper use of the Services.

2.4. Access to the Account is performed by using a username and an appropriate password created for this purpose, individual hyperlink or code. This password, individual hyperlink or code is intended only for the User’s access to the Services, including access to the results of the surveys conducted or organised by the User. Transfer of the password, individual hyperlink or code to any third party is not permitted. The Workspace Administrator shall manage passwords for Users linked to their respective accounts.

2.5. All Users are responsible for complying with these Terms and using the Edurio Services for the purposes for which they are intended and in compliance with all relevant institutional rules and applicable laws. Edurio maintains the right to terminate access to its Services for non-compliance but does not have the duty to monitor the behaviour of individual Users.

2.6. In order to ensure utmost objectivity within the Services when providing results of the surveys and data gathered during the course of the surveys, Edurio endures necessary and reasonable activities in order to ensure the anonymity of data received during the User’s surveys, limiting as much as possible the prospects for the User to identify or recognise Respondents that have participated in the User’s surveys.

2.7. By completing a survey, Respondents consent to have their responses added to the survey results and viewed and analysed by the respective Workspace Holder that has ordered the survey. The Respondent will be duly informed by the Workspace Holder about the degree of anonymity of the individual response; unless Respondent is informed otherwise, Respondents’ identities are not linked to individual responses in the survey results accessed by the Workspace Holder. The Respondent shall not complete the survey if he or she does not agree to have responses processed by the Workspace Holder in this way.

2.8. If a Respondent accesses the survey using individual username, hyperlink, code or other individually assigned identifier, the respective identifier will be linked to Respondents individual responses in Edurio information systems. The access to this information is limited and unless the Respondent is informed otherwise will only be processed to provide technical support to the Respondent.

3. Privacy Policy

3.1. In the course of providing the Services and/or during creation or use of an Account, Edurio could access personally identifiable information about the User (“User Data”). In providing its Services, Edurio shall comply with all applicable laws, including Regulation 2016/679 – the General Data Protection Regulation (“Regulation”) as well as the UK General Data Protection Regulation (“UK GDPR”).

3.2. Acting in its capacity as a data controller or processor for processing done for its own administrative processes, Edurio undertakes processing of the User’s Data for the purposes specified in these Terms, including the creation of the User’s account, and/or performing the duties and obligations specified in these Terms. No automated decision-making, including profiling, is made with respect to the User Data.

3.3. Edurio carries out processing of the User Data based on an agreement with the Workspace holder or its representative, as well as on the basis of the legitimate interests of Edurio (including but not limited to the legitimate interests to ensure service development, improve services and to protect the legal interests of Edurio). Edurio is entitled to process the User data to create and maintain an Account; to provide User support services; to ensure that survey participants receive information about surveys prepared by the User; to ensure that the User may access survey results, and to carry out analysis of the Services for development of changes and improvements to the Website and the Services.

3.3.1. Edurio is the Processor and the Workspace holder is the Controller of the following User data:

• The name, surname and e-mail address of the user insofar as this data is linked to the User’s account;
• The survey responses submitted by the User on Edurio website;
• Any other data transferred to Edurio by the Controller, including demographic data the Controller holds on the User. This demographic data may be linked to survey responses submitted by the User for the purposes of enabling survey result filters.

3.3.2. Edurio is the Controller of the following User data:

• The name, surname and e-mail address of the user insofar as this data is linked to the User’s account, where that has been determined by an agreement between Edurio and the Workspace holder or its representative.
• Any personal data provided by the User by directly contacting Edurio;– Data received by Edurio for the purposes of enabling third party authorisation tools when those are used by the User in order to access their User account;
• Data processed by Edurio in accordance with Edurio Cookies policy;
• Information about date and time the User has accessed the Edurio platform as well as information on User’s actions performed in the ”Results” section of their Edurio account.

3.4. The User is entitled to request a copy of their data, as well as demand that the processing of their User Data for the purposes outlined in 3.3. be terminated, restricted or modified, and their data deleted.  Such a request may, however, lead to a limitation or termination of use of the Services available to the User. The User may additionally exercise their right to data portability by requesting their data to be transmitted to another controller.

3.5. User data shall be processed and stored as long as it is necessary for the purposes of providing the Services chosen by the Workspace holder and/or the User and for the purposes of ensuring the security and integrity of the Edurio information systems and/or as long as the User uses the Edurio User account, unless the User exercises their right to be forgotten, in which case the User Data will be deleted as soon as technically possible.

3.5.1. User Data will not be deleted, even upon such a request by the User, where retention of such User Data is required under the Regulation or UK GDPR and/or applicable law.

3.5.2. Edurio shall regularly review the necessity of User Data, deleting such data once it’s no longer necessary for the provision of its Services and/or for ensuring the security and integrity of the Edurio platform.

3.5.3. When Edurio no longer needs User Data for purposes of the provision of Services, Edurio will retain Personal Data in backup copies of the Edurio information systems for 12-24 months for the purpose of ensuring the security and integrity of Edurio’s web platform and database.

3.5.4.The User data set forth in Clause 3.3.1. of these Terms are to be deleted at the request of the Workspace holder. User’s requests to delete these data shall be addressed to the Workspace holder. However should the User address such a request to Edurio, it shall be immediately forwarded to the Workspace holder for further instructions.

3.6. Edurio does not transfer nor sell User Data, nor the results of analysis and evaluations made on the basis of User Data, to third parties. For the purposes of research, statistics and marketing of the Services and to improve the Services, User Data may be used in an anonymised form.

3.7. Edurio has implemented and shall continue to maintain and execute appropriate technical and organisational measures to ensure processing of User Data in accordance with the Regulation or UK GDPR and applicable law, as well as protecting User Data from accidental, unauthorised or illegal access, disclosure, tampering or loss.

3.8. Data processing takes place within the territory of the European Union and/or European Economic Area.

3.9. Acting in its capacity as data processor, at the direction of the User, Edurio conducts processing of data of persons that participate in the surveys prepared and communicated by the User and/or the surveys prepared and communicated by Edurio at the User’s request. This processing is carried out in compliance with the technical and organisational standards required by the Regulation or , and includes informing the participants about User’s survey and providing the necessary information about the topic and goals of the User’s prepared survey, as well as to compile the results of the survey and render them available in the Website at the corresponding section of the User’s account.

3.10.  The User recognises and confirms that:

3.10.1. In the event set forth in Article 3.9 of these Terms, the User acts in the capacity of a data controller and is fully responsible for processing of personal data conducted on its behalf and its compliance to the applicable law.

3.10.2. In respect to the processing of personal data of participants in the surveys prepared and communicated by the User and/or surveys prepared and communicated by Edurio at the User’s  request, the User has sufficient and appropriate legal basis for the processing of such personal data in relation to use of the Services, as well as sufficiently informed such persons about the purpose and legal basis of personal data processing and ensured compliance to other applicable law.

3.10.3. The User acknowledges that measures taken by Edurio in respect to the protection of personal data processing are appropriate to protect personal data and prevent their unlawful processing.

3.11. In the event set forth in Article 3.9 of these Terms, the User has the obligation to timely notify Edurio in writing about any circumstances or issues that must be ensured in respect of processing of the particular personal data. In case if compliance with such circumstances or issues is not possible in the provision of the Services and/or is contrary to the obligations and conditions provided in these Terms, Edurio is entitled to immediately cease provision of the Services.

3.12. Access to User’s account  using third party authorisation tools:

3.12.1. Edurio User’s account may be accessed by third party account authorisation data such as Google or Facebook, e-klase or MyKoob.

3.12.2. Edurio is not responsible for data processing activities carried out by the third parties referred to in  the Article 13.12.1. of these Terms;

3.12.3. Edurio only receives and processes the minimal amount of data necessary to identify the User from the third parties listed in Clause 3.12.1. of these Terms;

3.12.4. The processing activities referred to in Clause 3.12.3. of these Terms are only carried out by Edurio if the User has made a decision to access their User account using the third party authorisation tools listed in Clause 3.12.1. of these Terms.

3.12.5. Edurio is under no obligation to provide all Users access to their User accounts with the use of the third party authorisation tools listed in Clause 3.12.1. of these Terms.

3.13. The User acknowledges and agrees to the use of following sub processors by Edurio:

3.13.1. Amazon Web Services (AWS) for the storage and processing of all personal data. All AWS servers used by Edurio are located in European Union, Ireland.

3.13.2. Google Inc. services for communication and short – term storage of personal data insofar as necessary for the provision of services in accordance with the agreement between Edurio and the Organisation.

3.13.3. Twilio Inc. Sendgrid e-mail delivery service for distributing survey access links directly to each respondent by Edurio insofar as necessary for the provision of services in accordance with the agreement between Edurio and the Organisation.

3.14. All communications relating to the exercise of the User’s rights outlined in the above section pertaining to their User Data, including the right to object, request rectification, restriction or erasure of such data, as well as request data portability, must be addressed electronically to edurio@edurio.com, or by post to 27 Old Gloucester Street, London, WC1N 3AX, United Kingdom. The User has a right, irrespective of the exercise of the above rights, to lodge a complaint with the supervisory authority.

4. Ownership of Content

4.1. All contents of the Website without any exceptions or limitations, that is, all information, data, texts, logos, icons, images, as well as the design and presentation of the Website, or any other audiovisual or audio content found therein, databases and software, are the property of Edurio or companies related to it or is being used in accordance to permissions of third parties that grant the intellectual property rights in order to use such intellectual property. Aforementioned content is protected by law, including, but not limited to:

4.1.1. Any trademarks noticeable in the Website, logos and/or distinguishing marks are the property or registered trademarks of Edurio or companies associated with the service.

4.1.2. The Edurio platform and computer software used in the Website and for the provision of the Services are the property of Edurio or companies related to it.

4.2. The User may not fully or partly reproduce, distribute, publicly disclose, modify or download and, in general, in any way use (images, texts, graphical designs, indexes, forms, etc.), content of the Website, as well as any of the databases or software, that are necessary for the visualisation and functioning of the Website, without the prior written consent of Edurio. This prohibition does not preclude the creation and downloading of User reports summarising survey results.

4.3. Modifying, adaptation, issuing of licence to third parties, decoding of source code, decompilation or any other harm to the software or platform is not permitted.

5. Suspension of Access

5.1. Any User may terminate the relevant Account at any time.

5.2. Edurio has the right to terminate or limit the use of the User Account and/or the Services without any compensation or previous warning in the following circumstances:

5.2.1. If the User in any way infringes or Edurio has valid reasons to consider that the User infringes or could infringe any of the Terms; or

5.2.2. If the User in any way uses or Edurio has valid reasons to consider that the User uses or could use the Services in illegal or inappropriate manner; or

5.2.3. In the event that a User account is not accessed for more than 12 months, Edurio may cease maintaining the particular account and all the information and data included therein, and delete of such information and data from systems used by Edurio. This does not include information and data that Edurio is required to store by law, or if such information and data is included in backup copies of Edurio information systems and it is not feasible to delete User Data from such backup copies.

5.2.4. In other circumstances that are specified in these Terms.

6. Changes and Updates

6.1. Edurio is entitled to change and update the content of the Website and any of its elements that are included in the design and configuration of the Website. If any changes are made to the Terms, they will be reflected in the updated version of the Terms.

6.2. Edurio carries out all necessary measures to ensure that the content and the services included in the Website are precise and up to date. Nevertheless, Edurio cannot guarantee that the content of the Website is always going to be updated.

6.3. Edurio continuously carries out substantive and technical changes and improvements to the Services, ensuring the diversity of use and compatibility of the Services to the desires and needs of the Users. Edurio is entitled exclusively in its discretion at any time to add or remove any functionalities or functions of the Services available in the Website.

6.4. Edurio is entitled from time to time to make any changes and/or amendments to the Terms.

6.5. In the event that the User does not consent to changes and/or amendments to the Terms or Services, the User may not continue using the Services and Edurio is entitled to immediately delete the account of the particular User and any content or other kind of information associated with this account. Continuing use of Edurio Services confirms that the User has agreed to these changes and/or amendments and that they are binding to the User.

7. Disclaimers and Limitations of Liability

7.1. This Website and all services related thereto are provided “as is.”

7.2. Any hyperlinks that could appear in the Website and that lead to third party websites are placed there only with the purpose of providing general recommendations, in order to enable access to other sources of information that User could be interested in. Edurio is not responsible for the terms of use, confidentiality and other terms or conditions of these websites, therefore all users are invited to review the particular terms, as they could differ to the terms applicable to the Website.

7.3. Subject to any requirements under the applicable law, Edurio is not responsible for the contents of links, damages or errors that could arise to the user’s computer system (hardware and software) from viruses when accessing or using the hyperlinks.

7.4. Edurio uses technological tools to avoid damage caused by computer viruses and other disruptions and to ensure the constant provision and quality of the Services. In any case, Edurio is not liable for possible damage or disruptions in User’s computer (hardware or software), that could be caused by a virus or other disruption after accessing or using the Website.

7.5. Edurio does not guarantee that the use of Website and provision of the Services shall be without interruptions and without errors. Edurio is not liable for interruptions in availability of the Website and the Services that are connected to technical errors, natural catastrophes and other natural disasters and for any damage or recovery of damages that are not reasonably foreseeable.

7.6. Subject to any exceptions stated under law, Edurio is not liable for any expenses, losses or damage (direct, indirect, specific, accidental, consequential, punitive, including, but not limited to, financial loss and loss of profit), that have arisen in any way in connection to the use of the Website and/or the Services.

7.7. In any case, the total liability for any claims arising out of these Terms, including any indirect guarantees, is limited to the amount of payment that the particular User has paid Edurio for the using of the Services, if such payment has been applied.

7.8. Edurio does not provide any confirmations or guarantees that the use of the Website and/or the Services complies with the desires and needs of the User. The Website and the Services are provided “as is.” Edurio and its related entities give no confirmations nor guarantees about their compliance to User’s needs and/or goals, and assume no liability in the event if the User’s desires do not match the actual Services provided.

7.9. If the User for any reason is not satisfied with the operations, functionality or security of the Website and/or the Services, the only and exclusive remedy for the User is ceasing the use of the Website and/or the Services.

8. Contracting Entity, Governing Law, Survival

8.1. The Website and the Services are provided by Edurio Ltd, company number 09672862, registered office at 27 Old Gloucester Street, London, WC1N 3AX, United Kingdom.

8.2. Use of the Website and the Services as well as these Terms are governed by the laws of England and Wales. Settlement of all related disputes is under the sole jurisdiction of the courts of England and Wales unless the User has contracted with Edurio SIA or Edurio Ltd Branch in Latvia, in which case use of the Website and the Services shall be governed by the laws of Latvia and all disputes related thereto shall be subject to the jurisdiction of the courts of Latvia.

8.3. If any provision of these Terms is held invalid, becomes null and void or inapplicable, it does not by any means affect the validity, legality and applicability of any other provisions that remain in force.

9. Support

9.1. In order to learn more about the Services and their functions, ask questions about the Terms or to receive assistance regarding an Account or the Services, please contact us at edurio@edurio.com.

Effective as of May 25.05.2018