MIGHTIFIER TERMS OF SERVICE
Thank you for signing up to the Mightifier service (“Service”). The Service is offered by the Mighty United Oy (“Mightifier”, “we”, “our”, “us”), a limited liability company incorporated and existing under the laws of Finland.
The Service is offered and intended for schools and other public or private educational entities (“Entity”, “you”, “your”) as a supportive tool for teaching. The contracting party of Mightifier in relation to the Service is always the Entity. If you are a teacher signing up for the Service on behalf of an Entity, you hereby warrant and represent that you are in a position and have the right to enter into this agreement on behalf of the Entity.
2. Use of the Service
The Service is an online service. The Service enables you to help students, employees or other users (“User”) to master their social and emotional skills through learning to give each other positive feedback based on their peers’ character strengths. The Service can be used as part of classroom activities to inter alia assign tasks to the students and give them feedback. Mightifier operates the Service, and therefore acts as a service provider for the Entities. We may also provide the Entities using our Service certain supportive and instructional material to support your use of the Service.
The Entity or other member such as a teacher representing the Entity sings up the Users to the Service and decides to start a feedback round in the Service and monitor the Users’ progress. The Entities or the teachers representing them can use the Service to carry out positive feedback sessions and monitor class wellbeing progress. The users’ wellbeing is tracked via specific regular questions relating to class atmosphere, excitement of going to school and experiences of bullying. To log on to the Service, the Entity or the teacher representing them needs to create a group consisting of the students (Users) in the class as well as profiles for the students. In creating these groups and profiles, certain personal information may need to be entered into the Service.
You may not misuse or otherwise abuse the Service. You may not try to interfere with functions of the Service, and you must at all time use the Service according to our instructions and guidance given from time to time. You must also abide by any and all applicable laws and not use the Services for any unlawful purposes. We may at any time cease or terminate providing the Services if you do not follow these Terms, our instructions or guidance, or applicable laws. We may also cease or terminate providing the Services in order to investigate an alleged infringement.
We are constantly developing and improving the Service. We may add or remove certain functions or features as well as stop providing the Service entirely or for the time being. If we stop providing the Service or any function thereof, we will reasonably try to give you a prior notice of such termination. You may also at any time stop using the Service, or terminate your relationship with us completely. If you wish to terminate your relationship with us completely and have your information removed from the Service, you may do so by contacting us in writing at the following email address:
You initiate, manage and control the use of the Service and the Service is intended and provided for your use and benefit. You are the data controller in relation to any personal information of the students that is processed and collected in relation to your use of the Service. You are responsible for ensuring that you have the necessary legal grounds and consents to collect, share, transfer, use and disclose personal information of your students in connection with the Services. Where necessary due to local applicable laws, you shall also inform and obtain consents from the students’ legal guardians for the processing of the students’ personal information in the Service.
- General Data Protection Regulation of the European Union (“GDPR”)
The regulation on the protection of natural persons with regard to the processing of personal data and on the free movement of such data given by the European Parliament and Council (679/2016) (“Regulation” or “GDPR”) applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system.
The Regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in European Union, regardless of whether the processing takes place in European Union or not. The Regulation is directly applicable in European Union and is applied in all EU member states as from 25.5.2018. Mightifier has taken into account the GDPR obligations along with the other requirements set out in the General Data Protection Regulation.
The Regulation governs the processing of personal data and sets obligations for controllers and processors. Mightifier’s customer Entity using the Service for its educational purposes shall be regarded as the controller of the personal data collected by the Service for that purpose. As a result, the customer shall be responsible for complying with any and all obligations under the applicable laws attributable to the controller of personal data. Mightifier processes all personal data collected solely for the controller under the terms and conditions agreed between Mightifier and the controller.
As the controller of the users’ data, you are responsible for ensuring that you have the necessary legal grounds and consents to collect, share, transfer, use and disclose personal information of your students in connection with the Services. As the regulation requires, you agree that you shall inform and obtain consents from the legal guardians of the users under the age of 16 for the processing of the students’ personal information in the Service.
- Children’s Online Privacy Protection Act (“COPPA”)
The Service is intended to be used with children, including those who are under 13 years old. The Children’s Online Privacy Protection Act of 1998 (“COPPA”), 15 U.S.C. §§ 6501–6506, 16 C.F.R. § 312, requires that we obtain your verifiable consent to our collection, use and disclosure of the personal information we collect from your students who are under 13 (collectively, “Students Under 13”). Upon your request, you may review the types of personal information that we collect from Students Under 13, review the personal information we collect from Students Under 13, request deletion of the personal information we collect from Students Under 13, and request prevention of our further use or online collection of the personal information of Students Under 13.
- Family Educational Rights and Privacy Act (“FERPA”)
If you are an educational agency or organization or acting on behalf of an educational agency or organization to which regulations under the Family Educational Rights and Privacy Act of 1974 (“FERPA”), 20 U.S.C. § 1232g; 34 C.F.R. § 99, apply, you agree that: (i) you will comply with FERPA, including providing any required notices or access to information; and (ii) to the extent Mightifier receives information subject to FERPA in its role as a data processor that Mightifier acts as a “school official,” as defined in 34 CFR § 99.31(a)(1)(i).
4. Intellectual Property Rights
All title, copyright, trademark, ownership and any and all other intellectual property rights relating to the Service, whether the Service is separate of combined with any other products or services, are sole and exclusive property of Mightifier or its licensors. Any modifications or alterations to the Service shall be automatically vested in and transferred to Mightifier. No intellectual property rights to the Service are intended to or can be interpreted to transfer to you when you sign up to or use the Service.
You are only granted a limited, non-exclusive, and non-transferable right to use the Service internally for teaching purposes described herein. You may not modify, reproduce, copy, reverse-engineer, emulate or dismantle the Service or any part thereof (including but not limited to any code, images or material), nor take down or delete any legal or proprietary notices in the Service. You may not use marks, brands or logos of the Service for you own business purposes, unless we have consented to such use in writing.
You own the rights to the materials you upload to the Service. Mightifier will nonetheless automatically receive a worldwide, perpetual, royalty-free, unlimited and unrestricted right to use such material for Mightifier’s own business purposes in aggregated mode.
You acknowledge that the Service may include third party material not owned by Mightifier. We are in no way responsible for any such material. We may inspect such third-party material to ensure its legality or refuse incorporating such material, but this does not mean that we have fully inspected such material or warrant that any such material is accurate or error-free.
6. Disclaimer of warranties
The Service is provided on “as is” and “as available” basis. We do not warrant or represent that the Service will function error free or without any interruptions. We make no express warranties for the Service and disclaim to the fullest extent allowed by applicable law any and all implied and express warranties and conditions arising under applicable laws or regulations, if any, including without limitation implied warranties and conditions of fitness for a particular purpose or non-infringement.
7. Limitation of liability
To the fullest extent allowed by applicable laws, Mightifier disclaims all liability for any and all loss or damage caused, whether arising out of your use of the Service or directly caused by the Service. Mightifier especially disclaims any and all indirect, incidental, special and consequential damages arising out of or relating to the Service, which shall apply whether a claim is in contract, tort (including negligence), breach of warranty or condition, misrepresentation (whether negligent or otherwise) or otherwise at law, even if Mightifier is advised of the possibility of such damages or such damages are reasonably foreseeable. Where and to the extent our liability for direct damages cannot be disclaimed, our total liability for the Service shall at all times be limited to the amount equivalent of EUR 1,000 (one thousand Euros).
We may change these Terms at any time. We will inform you of such changes and ask your acceptance to the changes as we asked your acceptance to these Terms. If you do not accept the changes, you may not use the Service anymore.
These Terms shall be governed by the laws of Finland without regard to its choice of law provisions. Any dispute, controversy or claim arising out of or in connection with these Terms or the Service shall first and foremost be resolved by negotiations between the Entity and Mightifier. If the negotiations prove unsuccessful, shall the matter be finally resolved in the district court of Helsinki, Finland.
Mightifier’s failure to act with respect to your breach of these Terms does not waive Mightifier’s right to act with respect to similar or subsequent breaches.
If any of the provisions of these Terms, or part thereof, are found invalid or unenforceable, such provisions will be enforced to the maximum extent permissible and the other provisions will remain in force.
The headings in these Terms are for convenience only, and do not affect the interpretation of these Terms.
CHANGES TO THE TERMS OF SERVICE
May 24th, 2018 – The TOS was updated according to the General Data Protection Regulation of the European Union.
This Policy is effective from the date below
May 24th, 2018
If you have questions, concerns or other feedback, please contact us.
Appendix A: Direct Notice
Personal Information We Collect About Students Under 13
We collect personal information about Students Under 13 directly from Students Under 13, as well as from teachers, school administrators and other school officials. The types of information that we collect from Students Under 13 will vary based on how teachers use the Service, but may include such information as first name, class and positive strength-based feedback messages written for another child in the class or received from another child in the class.
How We Disclose Personal Information of Students Under 13
We do not sell personal information of Students Under 13 and Students Under 13 may not make their personal information publicly available through our Service. In general, we may disclose personal information of Students Under 13 to provide our Service, to comply with the law, and to protect Mightifier and other users of our services. For example, we may share personal information of Students Under 13 with the following entities:
- Mightifier employees. Only employees who need to in order to make the Service available and develop it further, have access to Students’ personal information. All other employees may have access to the data in an aggregated form.
- Service Providers. We may disclose personal information of Students Under 13 to our vendors, service providers, agents, or others who perform functions on our behalf.
We may also disclose personal information of Students Under 13 in the following ways:
- Business Transfers. We may disclose personal information of Students Under 13 to another entity if we are acquired by or merged with another company, if substantially all our assets are transferred to another company, or as part of a bankruptcy proceeding.
- In Response to Legal Process. We may disclose personal information of Students Under 13 in order to comply with the applicable laws, a judicial proceeding, subpoena, court order, or other legal process.
We may also disclose non-personal aggregated or de-identified information about Students Under 13 for marketing, advertising, research, or similar purposes.
Your Rights to Review, Delete, and Control Our Use of the Personal Information of Students Under 13
You have a right to review the personal information of Students Under 13 we have collected about such students, to delete it, and to tell us to no longer use it. You may contact us at the contact information provided below to request access to or deletion of the personal information of Students Under 13 or cancellation of any accounts of Students Under 13. The database holding all personal data of service users has backups that predate the current moment by 30 days, after this no personal data of the service users can be reconstructed by any means. The system backups are needed to restore data in case of involuntary data loss, or system failure. We will not use the non-personal aggregate or de-identified information about Students Under 13 for any marketing purposes if you tell us to stop using the personal information of Students Under 13 we have collected via the Service.
For more information about COPPA and the rights of your Students Under 13 to online privacy, visit http://www.coppa.org/comply.htm.
The operator of the Service and the company responsible for the personal information of Students Under 13 is:
The Mighty United Ltd.
FI-00170 Helsinki, FINLAND
Tel. +358 400 885221