[Last Updated Date: September 13, 2022]
1.1. LesPlan Educational Services Ltd. respects the privacy of its subscribers and all users who visit this site, and protects that privacy as vigorously as possible. We do not sell, rent, or loan email address lists or any other customer information to any organization for any purpose.
2. Who may use the Website?
2.1. By registering for and/or using the Website in any manner, including but not limited to visiting or browsing the Website, you agree to these Terms. If you do not agree, or do not have all requisite authority and consent to be bound by the Terms (as further described below), you may not access or use the Website in any way.
2.2. Types of Users. The Website is available to several different types of Users, who will have different types of accounts with different tools, functionalities, and restrictions. For example, the Website may be accessed by educators and instructors (collectively, “Teachers”) teaching a class (“Class”) in which the Website is a part of the curriculum, and by the students enrolled in such classes (“Students”).
2.3. Eligibility. By registering for or using the Website in any way, you represent and warrant that you meet all eligibility criteria set forth in these Terms. We may, in our sole discretion, refuse to offer the Services to any person or entity at any time.
2.4. Modifications. Please regularly check the Website to view the then-current Privacy and Terms. When changes are made, LesPlan will make a new copy of the Privacy and Terms available on the Website, and we will update the “Last Updated” date at the top of the Privacy and Terms. We will notify Users directly of any changes through a notification in the message box that appears on the User Dashboard after logging in, and by direct email.
3. How may the Website be used?
3.1. Use of the Website. The Website, and the information, data, and content made available on the Website (“Content”) are protected by copyright and other intellectual property and proprietary rights laws throughout the world. Subject to the Terms, LesPlan grants you a limited license to access, view, download, print, or reproduce certain portions of the Website, as designated by LesPlan, for the sole purpose of using the Services for your (or your Students’ or School’s) educational, non-commercial purposes.
4. How is the Website accessed?
4.1. In order to access certain features of the Website, you must have a registered account (“Account”). Accounts are categorized as “Student,” “Teacher,” and “Coordinator.”
4.2. Eligibility. If you are under age 18, you may only register for and use the Services under the supervision of an adult, in which case the adult shall be deemed the User and shall be responsible for any and all activities.
4.3. Registration Data. In registering for an Account on the Website, you (a) agree to provide all necessary information about yourself and your School (“Registration Data”) – this includes your first and last name, email address, school name, school district, and province; (b) represent and warrant that all Registration Data is true, current, and complete; and (c) agree to maintain and promptly update the Registration Data to keep it true, current, and complete.
4.4. Responsibility. You are responsible for all activities that occur under your Account. You agree not to create or access an Account using a false identity or any false or inaccurate information, or on behalf of someone other than yourself.
4.5 Changes in Eligibility. In the event that you are no longer (a) employed by your School (or another School through which you receive Services) or (b) otherwise authorized to view or use Student records, you (i) must notify LesPlan immediately of such change and (ii) are not permitted to continue to view or use your Account.
4.6. Teacher and Coordinator Accounts. Currently, LesPlan offers two different types of Accounts on the Services for educational professionals receiving the Services on behalf of a School: “Teacher” Accounts and “Coordinator” Accounts. Coordinator Accounts enable the User to invite teachers to or delete teachers from the School.
4.7. Creating Student Accounts from an Educator Account. Using your Coordinator or Teacher Account, you may create individual Student Accounts following the instructions on the Website.
4.8. Student Accounts. “Student” Accounts are for use by Students who are using the Website through a specific School in connection with a Class taught by a Teacher. To create a Student Account, a Teacher, Parent or Administrator must enter the student’s first name and last initial, or an anonymous identifier such as Student1, Student2, etc. The Website generates a unique username and password for each student name entered that may be used to access the Website.
4.9. Individual Users. By accessing or using the Website in any way, you are representing that you have the authority and permission to enter into the Terms on your own behalf and to use the Services as contemplated hereunder, including without limitation any consent necessary to use the Services in connection with any Student with whom you use the Services.
5. User Content.
5.1. License to User Content. You retain full copyright to all of the content You create on the Website.
5.2. Responsibility. You acknowledge that you, and not LesPlan, are entirely responsible for all User Content you create on the Website.
5.3. No Obligation to Monitor Content. You acknowledge that LesPlan has no obligation to review, monitor, or pre-screen User Content on the Website, although LesPlan reserves the right in its sole discretion to review, monitor, pre-screen, refuse, modify, or remove any Content (a) that violates any law or regulation; (b) that violates these Terms; (c) that otherwise creates or may create liability for LesPlan; or (d) for any other reason LesPlan determines in its sole discretion. Except as expressly set forth in these Terms, LesPlan does not approve, endorse or make any representations or warranties with respect to User Content or Student Data.
5.4. Security. Although LesPlan takes security very seriously and works very hard on behalf of Student, Teacher and School privacy, including by using various industry standard measures to protect Content on the Services, no method of transmission or electronic storage on the Internet is 100% secure. Therefore, LesPlan cannot guarantee the security of any User Content. Except as expressly set forth herein or otherwise agreed to by LesPlan in writing, (a) LesPlan has no obligation to store any User Content and (b) LesPlan has no responsibility or liability for (i) the deletion or accuracy of any Content, including User Content, (ii) the failure to store, transmit or receive transmission of Content, including User Content, or (iii) the security, privacy, storage or transmission of other communications originating with or involving use of the Website.
6. Student Data.
6.1. General. “Student Data” includes all data that personally identifies a student. The Student Data collected by the Website is limited to the student’s first name and last initial (which may be replaced by anonymous names such as Student1, Student2, etc.), and students’ quiz results and written responses. LesPlan does not collect and does not use Student Data in any way for any purpose other than to create student accounts.
6.2. Disclosure of Student Data by Schools, Teachers and Coordinators. Teachers and Coordinators using the Website are solely responsible for ensuring that you and your School are compliant with all applicable laws and regulations related to your disclosure of Student Data and other Student information (“Student Records”) to LesPlan in connection with the Services.
6.3. Storage and Processing of Data. LesPlan will store and process all Student Data in accordance with industry standard practices. This includes appropriate administrative, physical and technical safeguards to secure Student Data from unauthorized access, disclosure, and use. LesPlan shall conduct periodic risk assessments and use commercially reasonable efforts to remediate identified security vulnerabilities. LesPlan will also have an incident response plan and will promptly notify the relevant School and School Board in the event of a security or privacy incident or breach of personal information involving such School’s Users directly via email or other appropriate methods of communication (phone call).
6.4. Protection of Student Data by LesPlan. No Sale or Trade of Student Data. Minimal Student Data is collected and stored on the Website. LesPlan will not (a) sell or trade Student Data; (b) use any Student Data to advertise or market to Students or their parents or legal guardians; or (c) use Student Data except as expressly stated herein.
6.5. School Requests. LesPlan will make Student Data available upon a verified request by the School, Teacher, Parent or Coordinator who provided such Student Data or who would otherwise have verified authority to receive such Student Data.
6.6. Data Mining. Minimal Student Data is collected and stored on the Website. LesPlan does not scan Student Data for the purpose of advertising or marketing to Students or their parents or legal guardian (also known as “Data Mining”).
6.7. Return/Destruction of Student Data. Minimal Student Data is collected and stored on the Website. At the end of every school year, or during the school year at the request of the School, Student, or Student’s parent or legal guardian, all Student Data is permanently deleted from the Website.
7.1. Use of the Website requires payment from Schools or Teachers. There is no charge for Student access to the Website.
7.2. Payment Terms. If you subscribe to the Services, you agree to pay the then-current applicable fee listed on the Website or otherwise agreed to in writing by LesPlan. LesPlan will bill your payment method submitted on the date of activation or thereabouts.
8. Proprietary Rights.
8.1. Services. Except with respect to your User Content, you agree that LesPlan owns all rights, title and interest in the Website. LesPlan’s name and other related logos, service marks, and trade names used on or in connection with the Website are the trademarks and intellectual property of LesPlan and may not be used without LesPlan’s permission. Other trademarks, service marks and trade names that may appear on or in the Website are the property of their respective owners.
8.2. Ownership of Content. Except with respect to your User Content and Student Data, you agree that you have no right or title in or to any Content that appears on or in the Website. LesPlan does not claim ownership of User Content or Student Data.
9. Third-Party Websites.
9.1. The Services may contain links to third-party websites (“Third-Party Websites”). Such Third-Party Websites are not under the control of LesPlan. Although LesPlan makes reasonable efforts to curate the Content it makes available on the Services, LesPlan is not responsible for any Third-Party Websites and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, or their products or services. You use all links in Third-Party Websites at your own risk.
10. Contact Information.
Please contact LesPlan Educational Services Ltd., #1-4144 Wilkinson Road, Victoria, BC, V8Z 5A7, with any questions or concerns.