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Terms of Service

TERMS AND CONDITIONS

By using any portion of the website http://youpd.org you accept the following agreement (the “Agreement”) and our Privacy Policy.  If you do not accept this Agreement and the Privacy Policy, do not use this website.

This Agreement and the Privacy Policymay be updated from time to time at the sole discretion of New Visions for Public Schools (“New Visions”).

Who May Register to Log Into This Site?

This site is initially intended for use only by employees of the Departments of Education as well as for non-profit school organizations and partner organizations supporting DOE schools.

A.         Terms and Conditions of Use

            1.         YouPD

The YouPD system provided on our website (“YouPD”) is intended to provide an open forum for sharing and commenting on materials and ideas relating to the mission of improving schools.  YouPD is a proprietary, password-protected service and may be used only by registered users with the express permission of New Visions. 

 a.                    Posting and Licensing Submission.

                  i.      License.  As a registered user of YouPD, you may, at your discretion, post submissions, documents, materials, comments, remarks, suggestions, graphics, or other information (“Submissions”) to YouPD.  If you post a Submission, you agree to license it to the public under the Creative Commons Attribution-Noncommercial-Share Alike License.  A full copy of this license is available at http://creativecommons.org/licenses/by-nc-sa/3.0/legalcodeYou are advised to read this license in its entirety; the summary below is provided simply as an informational overview.  New Visions is not the author of this license, and New Visions does not provide legal advice.  If you are concerned about the rights you are giving up by agreeing to such license, please consult a lawyer. 

Under such license, in sum:

 (a)      You allow others to:

1.       share the Submission – that is, to copy it, distribute it, transmit it, publicly perform it, and make it part of a collection of works; and

2.       adapt (and share the adaptation of) the Submission (for example by translating it or building upon it).  

(b)     With the following conditions:

1.       Others may not use the Submission for commercial purposes.

2.       Others must attribute the Submission in the manner specified by you or the author (if you are not the author but, as discussed below, have obtained the author’s permission to post and license the Submission); others may not do so in any way that suggests that you endorse them or their use of the Submission.  You should provide the following information if you wish it to be included by others when they reuse or distribute the Submission:

a.       The name of the author(s) of the work, or any other individual or entity that you (or the author) want to be included in the attribution (such as a sponsor institute or journal);

b.       The title of the work;

c.       A Uniform Resource Identifier (URI) for the work.  (A URI is a sequence of characters that identifies the work.  A Uniform Resource Locator (URL) (for example, http://www.newvisions.org/) is a form of URI that also provides information about where to locate the work.)

d.       A copyright notice (such as “© 2007 [Author’s Name].  Licensed under Creative Commons Attribution-Noncommercial-Share Alike License v. 3.0.”).

3.       If others alter, transform, or build upon the Submission, they may distribute the resulting work only under the same or similar license to the Creative Commons Attribution-Noncommercial-Share Alike License.  Also, for any reuse or distribution of the Submission itself, they must make clear the license terms of the work.

(c)     Nothing in such license impairs or restricts the author’s moral rights.

If you do not want to grant the public such a license to your Submissions, please do not post any Submissions.

   ii.      Rights to Post and License Submissions

(a)     Generally.  You may post a Submission and license it under the Creative Commons Attribution-Noncommercial-Share Alike License only if you are the copyright owner of such Submission, or have express written permission from the copyright owner of the Submission to do so.  If you post and license a Submission, you are representing to New Visions that you have the rights to that Submission—or the express written permission from the rights holder to do so—and that the Submission does not violate the rights (including copyright or trademark rights) of any other person or entity.  You may wish to consult an attorney before posting and licensing a Submission to make sure that you are not violating any other person’s rights by doing so.  You can also find information about this at http://www.copyright.gov/circs/circ1.html#wccc (under “Who Can Claim Copyright?”).  Generally, if you are the sole creator of a work, on your own time, then you are probably the owner of the copyright in that work and therefore can license it as you wish.  But you should be aware that: 

1.       If you created the work within the scope of your employment, then your employer is considered the author of the work and owns the copyright in the work.  This would include, for example, lesson plans you have created if you are a teacher, or analyses you have developed as a school administrator.  In that case, you must obtain your employer’s express written permission to post the work here and license it to others as described above. 

2.       If you created the work for another individual or entity on a freelance basis (such as, for example, analyses you developed in freelance consulting work for a school), your agreement with that individual or entity may provide that h/she/it owns the copyright in the work.  In that case, you must obtain that individual or entity’s express written permission to post the work here and license it to others as described above.

3.       If you created a part of the work, which as a whole includes work created by other individuals or entities (such as, for example, if you contributed a chapter to a book), you must obtain written permission from those other individuals or entities to post the entire work and license it to others as described above.

4.       If you created the work in its entirety, together with other individuals, such that you and these other individuals intended for all of your contributions to be merged into one work (such as, for example, if you are a teacher who collaborated with other teachers to create a joint lesson plan) you do not need to have express written permission from the other individual copyright owners to post the work here and license it to others as described above.  Again, if your contribution was within the scope of your employment, your employer owns the copyright in it.   

 (b)     Special conditions regarding student work.  You may not post work created by, owned by or derived from any person under the age of 18 without the express written permission of that person and his/her parent or legal guardian. 

iii.      Personally identifiable information.  You may not post a Submission that contains personally identifiable information (including names, addresses, e-mail addresses, telephone numbers, financial information or any other sensitive personal or health information) – either pertaining to you or to someone else.  In particular, even where permission to post student work is granted, you must delete any personally identifiable information contained in such student work before posting it.

b.                   Use of Submissions.  As noted above, the Submissions posted here are licensed under the Creative Commons Attribution-Noncommercial-Share Alike License.  A full copy of this license is available at http://creativecommons.org/licenses/by-nc-sa/3.0/legalcodeYou are advised to read this license in its entirety; the summary below is provided simply as an informational overview.  You may also wish to consult an attorney to determine whether any use you plan to make of a Submission would violate such license. 

Under such license, in sum:

 (a)     You may:

1.       share the Submission – that is, to copy it, distribute it, transmit it, publicly perform it, and make it part of a collection of works; and

2.       adapt (and share the adaptation of) the Submission (for example by translating it or building upon it).

(b)     With the following conditions:

1.       You may not use the Submission for commercial purposes.

2.       You must attribute the Submission in the manner specified by the author or licensor, but not in any way that suggests that they endorse you or your use of the Submission.  In particular, you must include the following information:

a.       The name of the author(s) of the work, or any other individual or entity that the author or licensor indicates should be included in the attribution (such as a sponsor institute or journal);

b.       The title of the work;

c.       As reasonably practicable, the Uniform Resource Identifier (URI) specified for the work.  (A URI is a sequence of characters that identifies the work.  A Uniform Resource Locator (URL) (for example, http://www.newvisions.org/) is a form of URI that also provides information about where to locate the work.)

d.       Any copyright notice for the work (such as “© 2007 [Author’s Name].  Licensed under Creative Commons Attribution-Noncommercial-Share Alike License v. 3.0.”).

3.       If you alter, transform, or build upon the Submission, you may distribute the resulting work only under the same or similar license to the Creative Commons Attribution-Noncommercial-Share Alike License.  Also, for any reuse or distribution of the Submission itself, you must make clear to others the license terms of this work; the easiest way to do so is to include a link to this page and to http://creativecommons.org/licenses/by-nc-sa/3.0/and http://creativecommons.org/licenses/by-nc-sa/3.0/legalcode.

(c)     If you wish to use the Submission in any other manner, you must contact the copyright holder and obtain express and explicit written permission to do so.  Also, nothing in the Creative Commons Attribution-Noncommercial-Share Alike License impairs or restricts the author’s moral rights.

            2.         Other Terms and Conditions of Use

All content included on the website, such as text, graphics, logos, button icons, images, photographs, audio clips, digital downloads, data compilations, and software, is the property of New Visions or its content suppliers (or, as to Submissions to YouPD, of the authors thereof (or of any persons to whom such authors have transferred their copyrights)) and is protected by United States and international copyright laws.  Except as to the YouPD Submissions, the following rules apply:

1.       Users may print out individual pages of the website but cannot copy or download a large portion of the website (e.g., no bots, webcrawlers, spiders, etc. that “harvest” the website).

2.       Users may download, print, distribute and use pages from the website only for informational, non-commercial purposes.

3.       Any copies of such documents or pages must not alter the original website content and must include the New Visions copyright notice: “© 2007, New Visions for Public Schools. All Rights Reserved.”

4.       New Visions reserves the right to terminate the above authorization at any time in its sole discretion.

5.       No one may frame this website or any portion thereof.  Linking to this website is permitted, provided that the link does not falsely imply or suggest that New Visions has endorsed or is affiliated with the linked website.

If you communicate or submit any documents, materials, comments, remarks, suggestions, graphics, or other information to New Visions, other than through YouPD, you give New Visions permission to use them for any purpose whatsoever, commercial or otherwise, without compensation to you or anyone else.  Unless New Visions expressly states to the contrary, New Visions will not be required to treat any such Submissions as confidential. 

B.         Prohibited Uses

New Visions is concerned with protecting the experience of users on this website and the security of users’ data, and with encouraging the responsible, lawful use of this website.  You agree not to use this website for any prohibited purpose.  The following are examples of types of uses of the website that are prohibited:

1.                   Violations of Law.  You may not use this website to commit, or in connection with, criminal or civil violations of federal, state, local, or international laws, regulations, or other governmental requirements, including to infringe the rights (including intellectual property, privacy and publicity rights) of any person.  Wereserve the right to report any activity that may violate any law or regulation to appropriate law enforcement officials, regulators or other third parties, and we may do so without prior notice to you.

2.                   Security Violations.  You may not violate, or attempt to violate, the security of this website.  Any such violations may result in criminal and civil liabilities to you.  Examples of prohibited security violations include, but are not limited to: (a) logging into a server or account that you are not authorized to access, including by using another person’s password without permission; (b) accessing data or content, or taking any action to obtain services, not intended for you or your use; (c) attempting to probe, scan, or test the vulnerability of any system, subsystem or network related to the website; (d) tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures; (e) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the website; and (f) interfering with, intercepting or expropriating any system, data or information, or interfering with service to any user, host, or network including, but not limited to, by means of overloading, “flooding,” “mailbombing,” or “crashing” any system, subsystem or network related to the website.

3.                   Threats.  You may not use this website to transmit materials of a threatening nature, including, but not limited to, threats of death or physical harm, abuse or harassment.

4.                   Offensive or Unlawful Content or Materials.  You may not use this website to post, display, use, distribute or download offensive or unlawful content or materials, including, but not limited to, content or materials that: are libelous, defamatory, obscene, pornographic, indecent, vulgar, or hateful; infringe, misappropriate, or otherwise violate the intellectual property, privacy, publicity or other personal rights of any person; or that you do not have a right to make available under any law, contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

5.                   Spam and Other Marketing Activities.  You may not use this website to engage, or to induce or allow others to engage, in spamming and unethical marketing activities, including, but not limited to: (a) sending unsolicited e-mail that could be expected, in New Visions’ sole discretion, to provoke complaints; (b) sending unsolicited e-mail without identifying in the e-mail a clear and easy means to be excluded from receiving additional e-mail from the originator of the e-mail; (c) sending e-mail that does not accurately identify the sender, the sender’s return address, and the e-mail address of origin; and (d) posting or uploading to the website any content containing any solicitation.

6.                   Other Prohibited Conduct.  You are further prohibited from doing any of the following: (a) impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity; (b) falsifying or deleting any author attributions or proprietary or legal notices; (c) harvesting or otherwise collecting information about others, including e-mail addresses, without their consent.

We reserve the right to determine, in our sole discretion, whether you have used the website in a prohibited way.  We reserve the right (but shall not have the obligation) to monitor the site and, if we become aware that the site is being used for a prohibited purpose (or an attempt has been made to do so), we reserve the right to take any action we deem appropriate.  We may not notify you before we take action against you.

C.         Copyright Policy

New Visions respects the intellectual property rights of others and we ask that our website users do the same.  If you believe that any material on this website infringes your copyrights, you may notify us in the way identified below in section 1.  When we receive such a notice, we may remove or disable access to the material claimed to be infringing and/or, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights of others.  It is New Visions’ policy to terminate, in appropriate circumstances, subscribers and account holders who are repeat infringers.  If we remove or disable access to material in response to such a notice, we will make a good-faith attempt to contact the individual or entity who submitted the material so that that individual or entity may make a counter notification in the way identified below in section 2.  

Pursuant to Section 512(c)(2) of the U.S. Copyright Act, as enacted through the Digital Millennium Copyright Act of 1998, New Visions has designated an agent to receive notifications of claimed infringement.  If you have any queries or complaints regarding copyright infringement on our website, our designated contact is:

Chad Vignola
New Visions for Public Schools
320 W. 13th Street 6th Floor New York, NY 10014
212.645.5110 (phone)
212.645.7409 (fax)
cvignola@newvisions.org

         &nbs p;  1.         Infringement Notification

 To file a notice of copyright infringement with us, you must provide a written communication to the designated contact identified above, in which you do the following (preferably in this format):

1.             Give enough information to enable New Visions to contact you regarding your complaint, including your name, address, telephone number and, if available, e-mail address.

2.             Identify in sufficient detail the copyrighted material(s) and/or work(s) that you claim is/are being infringed on this website.

3.             Identify in sufficient detail the material(s) and/or work(s) that you claim is/are causing such infringement, and give enough information (such as a web page address) to locate such material(s) and/or work(s) within the website.

4.             State that you have a good-faith belief that use of the copyrighted material(s) and/or work(s) in item (2) above is not authorized by the copyright owner, its agent or the law.

5.             State that the information in this notification is accurate and, under penalty of perjury, that you either own the copyright (or an exclusive right under the copyright) in the material(s) and/or work(s) that you claim in (2) above is/are being infringed, or are authorized by such owner to act on its behalf.

6.             Provide your physical or electronic signature.

            2.         Counter Notification

Pursuant to Sections 512(g)(2) and (3) of the U.S. Copyright Act, as enacted through the Digital Millennium Copyright Act of 1998, the provider of content affected by an infringement notification may make a counter notification.  To file a counter notification with us, you must provide a written communication to the designated contact identified above, in which you do the following (preferably in this format):

1.             Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York County, New York, if your address is outside of the United States), and that you will accept service of process from the person who provided notification under 17 U.S.C. § 512(c)(1)(C) or an agent of such person.

2.             Identify 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 (i.e., the specific URLs or other unique identifying information).

3.             State 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.

4.             Provide your physical or electronic signature.

 D.         Trademarks

 NEW VISIONS®, NEW VISIONS FOR PUBLIC SCHOOLS®, YouPD and other marks displayed on this website are trademarks of New Visions.  All other trademarks displayed on this website not owned by New Visions, including any other trademarks that may be contained within a Submission on YouPD, are the property of their respective owners, who may or may not be affiliated with New Visions.

 E.         Limitations of Liability

 New Visions and its affiliates will not be liable for any damages or injury, including but not limited to special or consequential damages, that result from the use of (or the inability to use) this website and its contents, or a website linked to this website, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure, or other computer malfunction.

 F.         Linked Sites

 This website may link to or be linked from other sites that are not maintained by New Visions. New Visions does not endorse, and is not responsible for the content of any of those sites.

G.         Disclaimer

 The material in this website may include technical inaccuracies or typographical errors. New Visions may make changes at any time.

 THIS WEBSITE IS PROVIDED BY NEW VISIONS ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEW VISIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. NEW VISIONS DOES NOT WARRANT THAT THE INFORMATION IN THIS WEBSITE IS ACCURATE, RELIABLE OR CORRECT, THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 H.         International Use

New Visions makes no representation that materials on this website are appropriate or available for use in locations outside the United States.  Access to this website from countries or territories where such access is illegal is prohibited. Those who choose to access this website outside the United States do so on their own initiative and are responsible for compliance with local laws.

I.          Governing Law

You agree that your use of this website, this Agreement and any disputes relating thereto shall be governed in all respects by the laws of the State of New York.  Any dispute relating to this Agreement shall be resolved solely in the state or federal courts located in Manhattan, New York.

Further Conditions Regarding Your Content and Conduct

  1. As a YouPD account holder you may submit Content to the Service, including videos and user comments. You understand that YouPD does not guarantee any confidentiality with respect to any Content you submit.
  2. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license for non-commercial redistribution, reuse, or the creation of derivative works under the Creative Attribution-NonCommercial 3.0 Unported CC BY-NC 3.0 license.  .
  3. For clarity, you and /or your school district (in the case of content produced during school hours) retain ownership rights in your Content. However, by submitting Content to YouPD, you hereby grant New Visions for Public Schools 501(c) 3, a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and other non-profit entities, in accord with the limitations of the Creative Attribution-NonCommercial 3.0 Unported CC BY-NC 3.0 license for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that New Visions may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
  4. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant YouTube all of the license rights granted herein.
  5. You further agree that you will not submit to the Service any Content or other material that is contrary to the YouPD Community Guidelines, currently found at http://www.youpd.org/community_guidelines, which may be updated from time to time, or contrary to applicable laws and regulations.
  6. New Visions for Public Schools does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and New Visions expressly disclaims any and all liability in connection with Content. New Visions does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and New Visions will remove all Content if properly notified that such Content infringes on another's intellectual property rights. New Visions reserves the right to remove Content without prior notice.

PRIVACY POLICY

At New Visions for Public Schools (“New Visions”), we understand that privacy is important, and we are strongly committed to protecting the privacy of our donors and visitors to our websites.  The following information is designed to help you better understand the information we gather from our websites and through our services, how we handle the information once we gather it, whether we disclose it to anyone, and the choices you have regarding our use of, and your ability to correct, the information.  This Privacy Policy applies when you make a donation to New Visions, either online or otherwise, as well as when your visit our websites, www.newvisions.organd youpd.org, or otherwise share your personally identifiable information with New Visions as discussed below.

 Please note that this Privacy Policy applies only to the www.newvisions.org and youpd.org websites, and not to other companies’ or organizations’ sites to which we link.  You may wish to consult the privacy policies of such sites.  By visiting the websites of New Visions, you are accepting the practices described in this Privacy Policy. 

If you wish to receive a hard copy of our Privacy Policy, please contact Chad Vignola at New Visions for Public Schools (320 W. 13th Street 6th Floor New York, NY 10014, 212.645.5110, cvignola@newvisions.org). 

 Information Collection and Use

Our primary goals in collecting personal information are to provide you with a smooth, efficient, and customized experience, to send you information upon your request, and to thank you for your support of the causes we support. 

Aggregate Data

In general, we automatically gather certain usage information, such as the number and frequency of visitors to our websites.  This information may include which URL you just came from, which URL you next go to, what browser you are using, and your IP address.  We use such data only in the aggregate.  This collective data helps us to determine how much our visitors use parts of the websites, and to do internal research on our users’ demographics, interests, and behavior to better understand and serve you. 

In addition, we may aggregate data and disclose such information in a non-personally identifiable manner to advertisers and other third parties for marketing and promotional purposes.  We may also aggregate data (including data you submit when you participate in YouPDTM, as discussed below) and disclose such information in a non-personally identifiable manner to the New York City Department of Education, the U.S. Department of Education, the Bill & Melinda Gates Foundation and other foundations and organizations that have provided us with funding, for informational and fundraising purposes.   

 Personally Identifiable Information

If you volunteer to make a donation, we will request certain personally identifiable information about you, including your name, address, phone number, e-mail address and credit/debit card number.  (Please note that New Visions permits online donations to be made anonymously or without the provision of either a mailing address or e-mail address to New Visions, although our online donations service provider must collect all of the above-mentioned personally identifiable information in order to process the donation.)  We seek such information to facilitate your donations and communicate with you about them.  In addition, we may use the information you provide to contact you and deliver information to you, such as through e-mail updates, to improve our marketing and promotional efforts, to analyze website usage, improve our content and product offerings, and customize our website content, layout and services.  You can consult the privacy policy of our online donations service provider, NYCharities.org, at http://www.nycharities.org/privacy_policy/index.asp

 Unless you specify that a gift be “anonymous” or otherwise request that your name not be listed, we list the names of all donors in our annual report and some brochures and benefit programs, to recognize the generosity of those who have given to our cause.  We do not otherwise share our donor lists with anyone (except internal and external service providers as stated below).  In particular, we do not sell our donor lists to anyone or include them in any direct mail solicitations.   

 If you choose to become a registered user for the YouPD system (“YouPD”), accessible at http://youpd.org, we will request certain personally identifiable information about you in the registration process, including your name and email address.  We will also give you the opportunity of providing additional, but not required, personally identifiable information, including your telephone number, a URL address for your website or blog, your professional information (including your position, years in position, school, organization, grades served, content areas, degrees and specialization) and your personal interests (including areas of interest and a personal statement).  This information will be stored in the YouPD database.  When you use YouPD, your name and email address will be visible to other registered users of YouPD; you can choose whether or not to display the rest of your personal information to other YouPD users.  We will not otherwise disclose this personally identifiable information to anyone (except internal and external service providers as stated below). 

Because this is a "gated community" of educators designed to encourage sharing of best practices and teacher professional develoment, we associate biographical names and the geographic location of schools with users.   By agreeing to these terms of service, you acknowledge that you understand that your published work will be identified with your name and with your physically located workplace.  We do allow site users to share content ONLY with other logged in users, however we assume no responsibility for the confidentiality of your posts or their association with your name or school location.

 As further discussed in the Website User Agreement, http://youpd.org,once you are a registered user of YouPD, you will have the opportunity to post materials that will be visible to other YouPD users.  As such, you may not submit to YouPD any documents that contain personally identifiable information – either pertaining to you or to someone else.  If you discover a violation of the above policy, you may, at your discretion, report it to us at New Visions for Public Schools (320 W. 13th Street 6th Floor New York, NY 10014, 212.645.5110, cvignola@newvisions.org). 

 New Visions does not accept liability for the posting, by you or anyone else, of any of your or others’ personally identifiable information on any part of our websites, including the YouPD system.

 As part of our teacher recruitment efforts for small schools in New York City, we provide access to a jobs database, on which applicants can post their resumes.  If you choose to become a registered user of this database, as an applicant, we will request certain personally identifiable information about you, including your name, email address, telephone number, address, and professional information (including your areas of certification, information concerning your teaching or school-based experience, and information concerning your educational background).  This information is viewable only by New Visions (and may be accessed by the company that hosts the database and provides us with other related services, as discussed below).  New Visions may use this data at an aggregate level to determine how much registered users use parts of the database, and to do internal research on users’ demographics, interests, and behavior.  School administrators who use this database can view only the resumes posted by applicants and not applicants’ registration information.  Schools that wish to register to use the database must provide certain personally identifiable information about their principals, including their name and business contact information (email address, telephone number, and address).

 You may choose to apply for a position at New Visions itself through the jobs database, or to otherwise send us a resume and letter (containing personally identifiable information) related to employment or internship opportunities at New Visions.  Any information you provide to us in this regard will be viewed only by New Visions, strictly for the purpose of evaluating your qualifications as an employee or intern for New Visions.

 You may choose to contact New Visions, by email or otherwise, with other inquiries.  Any personally identifiable information you provide in connection with such inquiries will be collected, accessed and used by New Visions solely for the purpose of ensuring that your inquiries are answered.

 We may use internal service providers to facilitate our services, and therefore, may provide some of your personally identifiable information directly to them.  In addition, we use other companies and individuals to perform functions on our behalf, such as processing donations and credit card payments, sending postal mail and e-mail, removing repetitive information from donor lists, analyzing data, providing customer service, and developing and hosting our databases (including YouPDas well as the jobs database and related website).  These companies and individuals may have access to your personally identifiable information as needed to perform their functions, but, under our agreements with them, may not use it for any other purpose.   

 Cookies

“Cookies” are small files placed on your hard drive; each website can send its own cookie to your browser if your browser preferences allow it.  You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set.  (Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.)  You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on our website, and you may be required to re-enter your password more frequently during a session.  In addition, a number of companies offer utilities designed to help you visit web sites anonymously. 

 Cookies help us to provide customized services and information that is targeted to your interests.  We use cookies to tell us how and when pages in our websites are visited, what our users’ technology preferences are (such as what type of video player they use) and whether our websites are functioning properly.

 If you donate on our website www.newvisions.org, we will save your e-mail in a cookie. At your request, we may also save your credit card number, which would then be held in a secure part of the website. 

If you register to use the YouPD database, we will save your login username in a cookie.

 Additionally, you may encounter cookies or other similar devices on our websites that are placed by third parties.  We do not control the use of cookies by third parties. 

 Security

We care about the security of your information.  We use high-grade encryption and the secure https protocol to communicate with your browser software.  We also employ several different security techniques to protect your personally identifiable information from unauthorized access by users inside and outside the organization.  You can consult the privacy policy of our online donations service provider, including its statements regarding security, at http://www.nycharities.org/privacy_policy/index.asp

You should be aware, however, that “perfect security” does not exist on the Internet; third parties may unlawfully intercept or access transmissions or private communications.  You should not expect that your personally identifiable information will remain private.   

 Sharing Information

As a matter of policy, we will not sell, share or rent information about you in ways different from what is disclosed in this statement. However, we may be forced to disclose information to the government or third parties under certain circumstances. We cooperate with law enforcement inquiries, as well as other third parties, to enforce laws such as those regarding intellectual property rights, fraud and other personal rights.  We can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement or other activity that is illegal or may expose us or you to liability. 

 Policy Towards Children

We are concerned about the safety and privacy of children who use the Internet. Although we encourage children to learn more about our organization and opportunities to serve their communities, we encourage that this be done with parental supervision. Consistent with the Children's Online Privacy Protection Act of 1998 (“COPPA”), we will never knowingly request personally identifiable information from anyone under the age of 13 without prior verifiable parental consent.   If we become aware that a child under 13 has otherwise provided us with personally identifiable information without verifiable parental consent, we will use our best efforts to remove such information from our files.  If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without verifiable parental consent, he or she should contact Chad Vignola at New Visions for Public Schools (320 W. 13th Street 6th Floor New York, NY 10014, 212.645.5110, cvignola@newvisions.org). 

Student Records or Personal Information

I understand that Family Educational Rights and Privacy Act (FERPA) legislation forbids the public posting of any part of a student's educational record.  

For NYC public schools in particular, relevant portions of SectionIV A of NYCDOE Chancellor's regulation A-820state:

"“Record” means any information recorded in any way, including but not limited to, handwriting, print, computer media, videotape, audiotape, film, microfilm and microfiche."

“Education records” means those records that are directly related to a student and maintained by the Department of Education  or by a party acting for the Department of Education.  This term includes, but is not limited to:  permanent records (e.g., the cumulative record and/or transcript; any Department of Education health records; the home language survey; the ethnic identification form; the cumulative test achievement record and the attendance record); records maintained by guidance personnel and  other staff providing student support services (e.g., records of guidance intervention, interview notes);  anecdotal records (e.g., teacher referrals  to the dean, dean’s log of follow-up action taken); 

"Education records or information from education records may be released without consent after the removal of all personally identifiable information provided that a reasonable determination that a student’s  identity is not personally identifiable (whether through single or multiple releases, and taking into account other reasonably available information) has been made."

Getting Consent to Videotape Students

You are advised not to post video footage in which students (minors) are personally identifiable unless you have obtained a waiver signed by the students' parent or legal guardian.  Ask your school whether you already do this as an intake protocol.  If not, forms for NYCDOE students can be found here.  New Visions assumes no responsibility for monitoring whether or not you have adequately obtained waivers on videos of students and all liability is yours in this regard.

Other Information Collectors

Except as otherwise expressly included in this Privacy Policy, this document addresses the use and disclosure of information that we collect from you.  To the extent that you disclose your information to others, different rules may apply to their use or disclosure of such information.   We do not control the privacy policies of others. We encourage you to ask questions before you disclose your personal information to others. 

 Accessing Your Information

We work to process and maintain accurately the information that you share with us.  If you have donated to us, you are invited to access your online giving account at http://www.nycharities.org/donor/donor_login.asp and let us know of any errors. If you are a YouPD user, you may access your profile information by logging in at http://youpd.org.  If you are a jobs database user, you may access your profile information by logging in at http://www.ecampusrecruiter3.com/newvisions/index.php?script=local-login.

 Privacy Policy Changes

We may, from time to time, make changes to this policy, based on your comments and our need to reflect accurately our data collection and disclosure practices.  If we make any substantial changes in the way we use your personal information, we will notify you by posting a prominent announcement on our websites. 

 Governing Law

You agree that your use of this website, this Privacy policy and any disputes relating thereto shall be governed in all respects by the laws of the State of New York.  Any dispute relating to this Privacy Policy shall be resolved solely in the state or federal courts located in Manhattan, New York.

 Thank you for visiting our website. Please contact us at support@newvisions.orgif you have any questions about our websites or our Privacy Policy.