Common use of Data Collection and Use Clause in Contracts

Data Collection and Use. Licensee acknowledges and agrees that the online Products are publicly available offerings of Xxxxxxx Xxxxx’x SaaS-based subscriptions that are provided in a multi- tenant, shared database architecture, and that individualized client-dedicated infrastructure and/or processing is not part of the Product or services. Licensee understands and agrees that certain limited Licensee Data is typically required and used to enable Product and service provisioning and functionality, that such information is stored by Licensor in centrally organized data center facilities, and that certain services and functionality of the Products and associated services are provisioned through utilization of third-party provider services engaged by Licensor to deliver and support the Product and services to all of Licensor’s enterprise customers. Licensor reserves the right to collect and use information provided by Licensee and/or its Authorized End Users to process and provision the Rosetta Stone Product and associated services. Licensor also reserves the right to collect and analyze data relating to use of the Rosetta Stone Product in accordance with Xxxxxxx Xxxxx’x Online Interactive Product Privacy Policy and Xxxxxxx Xxxxx’x Standard Data Processing Addendum, incorporated and made part by this reference (see below for a link to the current version of these documents). Data may be used by Rosetta Stone in annonymized or aggregate form to assess, improve and/or develop the Rosetta Stone Product and/or services, to assess compliance with the terms and conditions of this Agreement, and for any lawful purposes. A. If Licensee is a US school, US school district or US state of federal agency, and Licensee Data includes personally identifiable information about a student protected under the Family Educational Rights and Privacy Act of 1974, as amended (20 U.S.C. § 1232g et seq.) or other applicable state student educational records privacy law (“FERPA Protected Data”), Licensor covenants and agrees that shall use and process such FERPA Protected Data in compliance with FERPA and such applicable state student records privacy law. Licensee agrees that Licensor shall be considered a “School Official” for its institution for purposes of the performance of services under this Agreement in accordance with FERPA, and shall provide reasonable assistance to Licensor with respect to Licensor’s compliance obligations thereunder. In addition to any other terms entered into between Licensee and Licensor with respect to Licensor’s handling of Licensee FERPA Protected Data, Licensor shall process such FERPA Protected Data in accordance with the Rosetta Stone Student Records Privacy and Security Statement available at: xxx.xxxxxxxxxxxx.xxx/xxxxxxx-xxxxxxx and incorporated herein. SECTIONS B AND C BELOW DO NOT APPLY TO US K-12 EDUCATIONAL INSTITUTIONS. B. If Licensee purchases the Rosetta Stone Products and services under an Order Form with Rosetta Stone Ltd., the terms of the Rosetta Stone (US) Data Processing Addendum available at xxx.xxxxxxxxxxxx.xxx/XX-XX-XXX and fully incorporated by reference, shall apply. C. If Licensee purchases the Rosetta Stone Products and services under an Order Form with a Rosetta Stone EU Affiliate Entity, the terms of the Rosetta Stone (EU) Data Processing Addendum available at xxx.xxxxxxxxxxxx.xxx/XX-XX-XXX and fully incorporated by reference, shall apply. D. Xxxxxxx Xxxxx reserves the right to collect and retain data generated through the use by Licensee and Authorized Users of the Xxxxxxx Xxxxx Product, from which all personally identifiable information and attributes about such data has been removed (“De-identified Data”). De-identified Data as defined herein shall not be deemed subject to legal restrictions, and Rosetta Stone may use and disclose De-identified Data for any lawful purposes, including, without limitation, benchmarking, development of best practices, improvement or development of Rosetta Stone products and services, and/or research and statistical purposes, without obligation of any kind to Licensee or Authorized End Users. All De-Identified Data collected by Xxxxxxx Xxxxx in connection with Licensee or its Authorized End Users’ use of the Rosetta Stone shall be the property of Xxxxxxx Xxxxx. Rosetta Stone will not use or publish such De-Identified Data in any way that associates or identifies Licensee or any Authorized End User as the source of that data without the prior written consent of Licensee and/or the applicable Authorized End User.

Data Collection and Use. Licensee acknowledges and agrees that the online Products are publicly available offerings of Xxxxxxx Xxxxx’x SaaS-based subscriptions that are provided in a multi- multi-tenant, shared database architecture, and that individualized client-dedicated infrastructure and/or processing is not part of the Product or services. Licensee understands and agrees that certain limited Licensee Data is typically required and used to enable Product and service provisioning and functionality, that such information is stored by Licensor in centrally organized data center facilities, and that certain services and functionality of the Products and associated services are provisioned through utilization of third-party provider services engaged by Licensor to deliver and support the Product and services to all of Licensor’s enterprise customers. Licensor reserves the right to collect and use information provided by Licensee and/or its Authorized End Users to process and provision the Rosetta Stone Product and associated services. Licensor also reserves the right to collect and analyze data relating to use of the Rosetta Stone Product in accordance with Xxxxxxx Xxxxx’x Online Interactive Product Privacy Policy and Xxxxxxx Xxxxx’x Standard Data Processing Addendum, incorporated and made part by this reference (see below for a link to the current version of these documents). Data may be used by Rosetta Stone in annonymized anonymized or aggregate form to assess, improve and/or develop the Rosetta Stone Product and/or services, to assess compliance with the terms and conditions of this Agreement, and for any other lawful purposes. A. If Licensee is a US school, US school district or US state of federal agency, and Licensee Data includes personally identifiable information about a student protected under the Family Educational Rights and Privacy Act of 1974, as amended (20 U.S.C. § 1232g et seq.) or other applicable state student educational records privacy law (“FERPA Protected Data”), Licensor covenants and agrees that Licensor shall use and process such FERPA Protected Data in compliance with FERPA and such applicable state student records privacy law. Licensee agrees that Licensor shall be considered a “School Official” for its institution for purposes of the performance of services under this Agreement in accordance with FERPA, and shall provide reasonable assistance to Licensor with respect to Licensor’s compliance obligations thereunder. In addition to any other terms entered into between Licensee and Licensor with respect to Licensor’s handling of Licensee FERPA Protected Data, Licensor shall process such FERPA Protected Data in accordance with the Rosetta Stone Student Records Privacy and Security Statement available at: xxx.xxxxxxxxxxxx.xxx/xxxxxxx-xxxxxxx and incorporated herein. SECTIONS SECTION B AND C BELOW DO DOES NOT APPLY TO US K-12 EDUCATIONAL INSTITUTIONS. B. If Licensee purchases the Rosetta Stone Products and services under an Order Form with Rosetta Stone Ltd., the The terms of the Rosetta Stone (US) Data Processing Addendum available at xxx.xxxxxxxxxxxx.xxx/XX-XX-XXX xxxxx://xxxxxxxxx.xxxxxxxxxxxx.xxx/CDN/us/pdfs/agreements/xxxxxxx-xxxxx-data-processing-addendum- for-ee-customers.pdf and fully incorporated by reference, shall applyapply to Licensee’s purchase(s) of the Products and services. C. If Licensee purchases the Rosetta Stone Products and services under an Order Form with a Rosetta Stone EU Affiliate Entity, the terms of the Rosetta Stone (EU) Data Processing Addendum available at xxx.xxxxxxxxxxxx.xxx/XX-XX-XXX and fully incorporated by reference, shall apply. D. Xxxxxxx Xxxxx reserves the right to collect and retain data generated through the use by Licensee and Authorized Users of the Xxxxxxx Xxxxx Product, from which all personally identifiable information and attributes about such data has been removed (“De-identified Data”). De-identified Data as defined herein shall not be deemed subject to legal restrictions, and Rosetta Stone may use and disclose De-identified Data for any lawful purposes, including, without limitation, benchmarking, development of best practices, improvement or development of Rosetta Stone products Products and services, and/or research and statistical purposes, without obligation of any kind to Licensee or Authorized End Users. All De-Identified Data collected by Xxxxxxx Xxxxx in connection with Licensee or its Authorized End Users’ use of the Rosetta Stone shall Product may be retained and used by Xxxxxxx Xxxxx for the property of term and thereafter, provided however, that Xxxxxxx Xxxxx. Rosetta Stone Xxxxx will not use or publish such De-Identified Data in any way that associates or identifies Licensee or any Authorized End User as the source of that data without the prior written consent of Licensee and/or the applicable Authorized End User.

Data Collection and Use. Licensee acknowledges and agrees that the online Products are publicly available offerings of Xxxxxxx Xxxxx’x SaaS-based subscriptions that are provided in a multi- multi-tenant, shared database architecture, and that individualized client-dedicated infrastructure and/or processing is not part of the Product or services. Licensee understands and agrees that certain limited Licensee Data is typically required and used to enable Product and service provisioning and functionality, that such information is stored by Licensor in centrally organized data center facilities, and that certain services and functionality of the Products and associated services are provisioned through utilization of third-party provider services engaged by Licensor to deliver and support the Product and services to all of Licensor’s enterprise customers. Licensor reserves the right to collect and use information provided by Licensee and/or its Authorized End Users to process and provision the Rosetta Stone Product and associated services. Licensor also reserves the right to collect and analyze data relating to use of the Rosetta Stone Product in accordance with Xxxxxxx Xxxxx’x Online Interactive Product Privacy Policy and Xxxxxxx Xxxxx’x Standard Data Processing Addendum, incorporated and made part by this reference (see below for a link to the current version of these documents). Data may be used by Rosetta Stone in annonymized anonymized or aggregate form to assess, improve and/or develop the Rosetta Stone Product and/or services, to assess compliance with the terms and conditions of this Agreement, and for any other lawful purposes. A. If Licensee is a US school, US school district or US state of federal agency, and Licensee Data includes personally identifiable information about a student protected under the Family Educational Rights and Privacy Act of 1974, as amended (20 U.S.C. § 1232g et seq.) or other applicable state student educational records privacy law (“FERPA Protected Data”), Licensor covenants and agrees that Licensor shall use and process such FERPA Protected Data in compliance with FERPA and such applicable state student records privacy law. Licensee agrees that Licensor shall be considered a “School Official” for its institution for purposes of the performance of services under this Agreement in accordance with FERPA, and shall provide reasonable assistance to Licensor with respect to Licensor’s compliance obligations thereunder. In addition to any other terms entered into between Licensee and Licensor with respect to Licensor’s handling of Licensee FERPA Protected Data, Licensor shall process such FERPA Protected Data in accordance with the Rosetta Stone Student Records Privacy and Security Statement available at: xxx.xxxxxxxxxxxx.xxx/xxxxxxx-xxxxxxx and incorporated herein. SECTIONS SECTION B AND C BELOW DO DOES NOT APPLY TO US K-12 EDUCATIONAL INSTITUTIONS. B. If Licensee purchases the Rosetta Stone Products and services under an Order Form with Rosetta Stone Ltd., the The terms of the Rosetta Stone (US) Data Processing Addendum available at xxx.xxxxxxxxxxxx.xxx/XX-XX-XXX xxxxx://xxxxxxxxx.xxxxxxxxxxxx.xxx/CDN/us/pdfs/agreements/xxxxxxx-xxxxx-data-processing-addendum-fo r-ee-customers.pdf and fully incorporated by reference, shall applyapply to Licensee’s purchase(s) of the Products and services. C. If Licensee purchases the Rosetta Stone Products and services under an Order Form with a Rosetta Stone EU Affiliate Entity, the terms of the Rosetta Stone (EU) Data Processing Addendum available at xxx.xxxxxxxxxxxx.xxx/XX-XX-XXX and fully incorporated by reference, shall apply. D. Xxxxxxx Xxxxx reserves the right to collect and retain data generated through the use by Licensee and Authorized Users of the Xxxxxxx Xxxxx Product, from which all personally identifiable information and attributes about such data has been removed (“De-identified Data”). De-identified Data as defined herein shall not be deemed subject to legal restrictions, and Rosetta Stone may use and disclose De-identified Data for any lawful purposes, including, without limitation, benchmarking, development of best practices, improvement or development of Rosetta Stone products Products and services, and/or research and statistical purposes, without obligation of any kind to Licensee or Authorized End Users. All De-Identified Data collected by Xxxxxxx Xxxxx in connection with Licensee or its Authorized End Users’ use of the Rosetta Stone shall Product may be retained and used by Xxxxxxx Xxxxx for the property of term and thereafter, provided however, that Xxxxxxx Xxxxx. Rosetta Stone Xxxxx will not use or publish such De-Identified Data in any way that associates or identifies Licensee or any Authorized End User as the source of that data without the prior written consent of Licensee and/or the applicable Authorized End User.

Data Collection and Use. Licensee acknowledges and agrees that the online Products are publicly available offerings of Xxxxxxx Xxxxx’x SaaS-based subscriptions that are provided in a multi- multi-tenant, shared database architecture, and that individualized client-dedicated infrastructure and/or processing is not part of the Product or services. Licensee understands and agrees that certain limited Licensee Data is typically required and used to enable Product and service provisioning and functionality, that such information is stored by Licensor in centrally organized data center facilities, and that certain services and functionality of the Products and associated services are provisioned through utilization of third-party provider services engaged by Licensor to deliver and support the Product and services to all of Licensor’s enterprise customers. Licensor reserves the right to collect and use information provided by Licensee and/or its Authorized End Users to process and provision the Rosetta Stone Product and associated services. Licensor also reserves the right to collect and analyze data relating to use of the Rosetta Stone Product in accordance with Xxxxxxx Xxxxx’x Online Interactive Product Privacy Policy and Xxxxxxx Xxxxx’x Standard Data Processing Addendum, incorporated and made part by this reference (see below for a link to the current version of these documents). Data may be used by Rosetta Stone in annonymized anonymized or aggregate form to assess, improve and/or develop the Rosetta Stone Product and/or services, to assess compliance with the terms and conditions of this Agreement, and for any other lawful purposes. A. If Licensee is a US school, US school district or US state of federal agency, and Licensee Data includes personally identifiable information about a student protected under the Family Educational Rights and Privacy Act of 1974, as amended (20 U.S.C. § 1232g et seq.) or other applicable state student educational records privacy law (“FERPA Protected Data”), Licensor covenants and agrees that Licensor shall use and process such FERPA Protected Data in compliance with FERPA and such applicable state student records privacy law. Licensee agrees that Licensor shall be considered a “School Official” for its institution for purposes of the performance of services under this Agreement in accordance with FERPA, and shall provide reasonable assistance to Licensor with respect to Licensor’s compliance obligations thereunder. In addition to any other terms entered into between Licensee and Licensor with respect to Licensor’s handling of Licensee FERPA Protected Data, Licensor shall process such FERPA Protected Data in accordance with the Rosetta Stone Student Records Privacy and Security Statement available at: xxx.xxxxxxxxxxxx.xxx/xxxxxxx-xxxxxxx and incorporated herein. SECTIONS SECTION B AND C BELOW DO DOES NOT APPLY TO US K-12 EDUCATIONAL INSTITUTIONS. B. If Licensee purchases the Rosetta Stone Products and services under an Order Form with Rosetta Stone Ltd., the The terms of the Rosetta Stone (US) Data Processing Addendum available at xxx.xxxxxxxxxxxx.xxx/XX-XX-XXX xxxxx://xxxxxxxxx.xxxxxxxxxxxx.xxx/CDN/us/pdfs/agreements/xxxxxxx-xxxxx-data-processing-addendum-fo r-ee-customers.pdf and fully incorporated by reference, shall apply. C. If Licensee purchases apply to Licensee’s purchase(s) of the Rosetta Stone Products and services under an Order Form with a Rosetta Stone EU Affiliate Entity, the terms of the Rosetta Stone (EU) Data Processing Addendum available at xxx.xxxxxxxxxxxx.xxx/XX-XX-XXX and fully incorporated by reference, shall applyservices. D. C. Xxxxxxx Xxxxx reserves the right to collect and retain data generated through the use by Licensee and Authorized Users of the Xxxxxxx Xxxxx Product, from which all personally identifiable information and attributes about such data has been removed (“De-identified Data”). De-identified Data as defined herein shall not be deemed subject to legal restrictions, and Rosetta Stone may use and disclose De-identified Data for any lawful purposes, including, without limitation, benchmarking, development of best practices, improvement or development of Rosetta Stone products and services, and/or research and statistical purposes, without obligation of any kind to Licensee or Authorized End Users. All De-Identified Data collected by Xxxxxxx Xxxxx in connection with Licensee or its Authorized End Users’ use of the Rosetta Stone shall Product may be retained and used by Xxxxxxx Xxxxx for the property of term and thereafter, provided however, that Xxxxxxx Xxxxx. Rosetta Stone Xxxxx will not use or publish such De-Identified Data in any way that associates or identifies Licensee or any Authorized End User as the source of that data without the prior written consent of Licensee and/or the applicable Authorized End User.