Lab-Aids®, Inc.

Privacy Policy

Introduction

For over 55 years, Lab-Aids®, Inc. (“Lab-Aids” or “we”) has been developing, manufacturing, and publishing core curriculum and supplementary programs that help students better understand science concepts through direct experience.

In the course of providing our educational products and services, we take numerous measures to maintain the security and confidentiality of personal information¹ collected or stored by Lab-Aids on behalf of State Educational Agencies², School Districts³, and other individual customers⁴ (“customers”). In doing so, we enable our customers to control use, access, sharing, and retention of personal information in compliance with the federal Family Educational Rights and Privacy Act (“FERPA”) and other applicable privacy laws and regulations (“Applicable Privacy Laws”).

Scope of this Policy

This Lab-Aids Customer Privacy Policy (the “Policy”) applies to State Educational Agencies, School Districts, and individual customers who have contracted with Lab-Aids to purchase our products and services, as well as the authorized users of such products and services. There may be different contractual terms and privacy policies in place with some of our customers. Such other terms and policies may supersede this Policy for information collected or released under those terms. If you have any questions as to what legal agreement or privacy policy controls the collection and use of your information, please contact us using the contact information at the end of this Policy.

This Policy describes:

what information is collected on behalf of customers via our products and services;
how Lab-Aids uses that information;
with whom Lab-Aids shares that information; and
what steps Lab-Aids takes to safeguard this information and ensure that our customers remain in control of their data at all times.

Types of Information Collected

There are two types of information that Lab-Aids collects and stores on behalf of our customers:

(i) information provided by the customer to support the use of our products and

(ii) information provided by students, teachers, and other school personnel in the course of using our products.

Information provided by our customers

Most of Lab-Aids’ online educational products require some basic information about who is in a classroom and who teaches the class. For example, when a teacher logs into a Lab-Aids Portal that provides student assessment results, a list of students associated with that teacher may be displayed. Lab-Aids’ software looks this information up in a database that contains roster information that the School District supplied to Lab-Aids.

Information collected through our products

Our customers use Lab-Aids products and services to improve educational outcomes. Students and teachers use our products to engage in a variety of educational experiences, some of which entail inputting personal information. This information falls into several different categories listed below along with examples for each category:

Student responses: Students may provide answers to assessments and input other student work.

Teacher comments and other input: Teachers may enter notes on instructional strategies, student performance and needs, or provide other education-related content or observations using Lab-Aids products and services.

Photos, videos, and audio files: Tablets and other devices have image, video and audio recording capabilities that can be used by students and educators for learning inside and outside the classroom.

Online forums and other community features: Some of our products and services may enable students and teachers to share their information on online forums, chat, blogs, or other community services to which they are able to post information and materials.

Device and browser data: Characteristics of device and browser configurations and persistent identifiers, such as IP addresses and device identifiers, may be collected along with associated usage data. This data may be collected to support the security mechanisms of the product and our internal operations, as well as to enable analysis of aggregate usage trends and improve the learning and user experience.

System usage: Lab-Aids may collect system usage information, such as the number of requests a device makes and the number of devices used by an account, in order to ensure proper system capacity for all users.

Use of Information

Lab-Aids uses information collected and stored on behalf of our customers to support the user and learning experience and to ensure secure and effective operation of our products. In particular, Lab-Aids may use the information collected in the following ways:

to provide our educational products and services and to support customers’ and their end users’ activities;
to respond to the inquiries and fulfill the requests of customers and their end users;
to send administrative information to customers and their end users;
in the case of customer personnel (e.g., teachers and administrators), to send product information to such personnel;
to personalize end users’ experience with our products and services;
to improve the effectiveness of our products and support our product development;
to report on aggregate trends and usage statistics; any reported data will not disclose any personal information, nor will it disclose details about any individual user;
to enforce product access and security controls; and
to conduct system audits and improve protections against the misuse of our products.

We do not share, sell, or lease any kind of information collected to any third parties for their marketing uses.

Disclosure of Information

We will only share personal information stored on behalf of our customers with third parties if authorized by the relevant SEA, School District or customer and in the following situations, to the extent we believe in good faith it is necessary or appropriate and permitted by law:

to comply with the law, respond to requests in legal or government enforcement proceedings (such as complying with a subpoena), protect our rights in a legal dispute, or seek assistance of law enforcement in the event of a threat to our rights, security or property or that of our affiliates, customers, end users or others;
in the event Lab-Aids or its assets are acquired or transferred to another party, including in connection with any bankruptcy or similar proceedings, provided that such disclosure will be subject to this Policy and any successor to the relevant business will be required to comply with this Policy with respect to information collected under this Policy;
to work with third parties who conduct studies or assist us in providing and improving our products and services, such as platform, infrastructure, software and other types of service providers, agents, partners and researchers. We contractually bind such parties to protect personal information by, for example, not using the information for any purpose other than to carry out the services they are performing for Lab-Aids.

Third-Party Services

Some of our products and services may be used in conjunction with or enable access to third party services and products, such as those from operating system providers, social media platforms, wireless service providers, device manufacturers, and other application or service providers.

This Policy does not address, and Lab-Aids is not responsible for, the privacy, information or other practices of such third parties, including any third party operating any service to which a Lab-Aids product or service links. SEA, School Districts, and customers should carefully consider which third party applications to include among the products and services they provide to students and vet the privacy and data security standards of those providers individually.

Security

Lab-Aids uses industry standard administrative, technical, operational and physical measures to safeguard personal information in its possession against loss, theft and unauthorized use, disclosure or modification.

In the event Lab-Aids discovers or is notified of an unauthorized disclosure of personal information within our possession or control, we will, as required by applicable federal and state laws, investigate, take steps to mitigate the potential impact, provide notice of the breach to applicable agencies, including School Districts and customers.

Review and Correction

FERPA requires schools to provide parents with access to their children’s education records, and parents may request that the school correct records that they believe to be inaccurate or misleading. If you are a parent or guardian and would like to review, correct or update your child’s personal information stored in our product or service, contact your School District. Lab-Aids will work with your School District to enable your access, if required by law, and correct your child’s education records, if applicable.

If you have any questions about whom to contact or other questions about your child’s personal information, you may contact us using the information provided below.

Data Retention

We will retain personal information collected from School Districts and customers for the period necessary to fulfill the purposes outlined in this Policy and our agreement with that SEA, School District, or customer. Specifically, at the direction of our customers, Lab-Aids will return or destroy personal information stored by Lab-Aids in accordance with applicable law and customer requirements.

Updates to this Policy

We may change this Policy in the future. For example, we may update it to comply with new laws or regulations, to conform to industry best practices, or to reflect changes in our product offerings. Such changes to the Policy will become effective when we post the revised Policy on our website. However, in the event there are material changes in our practices with respect to use and disclosure of personal information, we will notify School Districts and customers affected by the changes, and the changes will become effective when the School District or customer accepts the new policy.

Contact Us

If you have questions about this Policy, please contact us at:

Lab-Aids®, Inc.

17 Colt Court

Ronkonkoma, NY 11779

phone: (800) 381-8003

email: portals@lab-aids.com

¹ “Personal information” means any student information defined as personally identifiable information under FERPA or as personal information under the Children’s Online Privacy Protection Act (“COPPA”). This includes the student’s name, email, and other information that, alone or in combination, would allow a reasonable person in the school community to identify the student with reasonable certainty.

² “State Educational Agency” or “SEA” means the educational agency primarily responsible for the supervision of public elementary and secondary schools in any of the 50 states, the Commonwealth of Puerto Rico, the District of Columbia or other territories and possessions of the United States, as well as a national or regional ministry or department of education in other foreign countries, as applicable.

³ “School District” means a local educational agency, school network, independent school or other school system.

⁴ “individual customers” means any individual, parent, student, teacher, or other educator (or group thereof) that uses the product and/or service outside of a School District, local educational agency, school network, independent school, or other school system.

Lab-Aids®, Inc.

Terms & Conditions

By accessing this web site ("Website"), you consent to these terms of use. If you do not agree to these terms of use, you are not authorized to use the Website.

Your Use Of Materials

This site is owned and operated by Lab-Aids, Inc. ("Lab-Aids"). Unless otherwise indicated, the content, format, and imagery of this Website are copyrighted under the United States law by Lab-Aids, and are protected by worldwide copyright laws and treaty provisions. Unauthorized duplication is a violation of law. The content, format, and imagery of the Website may not be copied, published, broadcast, distributed, reproduced or transmitted in any way without the prior written consent of Lab-Aids. You may download one copy of the materials on any single device for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation.

For purposes of this Agreement, the use of any such material on any other web site or computer environment is prohibited without the express written consent of Lab-Aids. For the purpose of this statement of use, the term "User" shall apply to those users of the Website who are registered or are unregistered to procure goods or services on this Website. For the purpose of this statement of use, the term "Supplier" shall apply to those users of the Website who are registered to generate content on this Website.

Data downloaded from the Website, including any software, files or images incorporated in or generated by the Website or data accompanying or to be used with the Website (hereafter collective referred to as the "Data") is licensed to you by Lab-Aids, unless such Data is the property of a Supplier. If information is identified as that of a Supplier, the User shall download information based upon arrangements made with the Supplier. Lab-Aids does not condone or approve the unauthorized use of Supplier Data without their consent. Lab-Aids does not transfer title of any Data to you. As between you and Lab-Aids, Lab-Aids retains full and complete right, title, and interest in and to the Data of Lab-Aids and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Data.

Your Duties As To Registration

In consideration of your use of this Website and any services provided by Lab-Aids in connection therewith (hereafter, the "Service"), you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form or other methods and ways of creating an account (such information being referred to hereafter as the "Registration") and (b) maintain and promptly update the Registration to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or Lab-Aids has reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, Lab-Aids has the right to suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof. Lab-Aids shall follow its privacy policy regarding such information as described at https://lab-aids.com/privacy. Lab-Aids shall have the option to revise such policy as it may see fit from time to time.

Your Actions As A User

You acknowledge and understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Materials"), whether publicly posted or privately transmitted, are the sole responsibility of the person (Supplier or User) from which such Materials originated.

You agree to not use the Service to:

upload, post, email, or otherwise transmit any Materials that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful whether sexually, racially or ethnically, or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, any law enforcement officer, or any Lab-Aids official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Materials transmitted through the Service;
upload, post, email, or otherwise transmit any Materials that you do not have a right to transmit under any law or under contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of an employment relationship or under any non disclosure agreement);
upload, post, email or otherwise transmit any Materials that infringe, contribute to the infringement of, or induce others to infringe, any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
upload, post, email, or otherwise transmit anything that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or in any other way cause damage to a user's data against the will of the user;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national, or international law, any rules of any national or other securities exchange, and any regulations having the force of law;
"stalk" or otherwise harass another; or
collect or store personal data about other users.

You acknowledge that Lab-Aids and anyone it designates shall have the right, but not the obligation, in their sole discretion to move or refuse to move any Materials that are available via the Service. Without limiting the foregoing, Lab-Aids and anyone it designates shall have the right to remove any Materials that violate these terms of use or are otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Materials, including any reliance on the accuracy, completeness, or usefulness of such Materials. In this regard, you acknowledge that you may not rely on any Materials 1) created by Lab-Aids or on this Website, or 2) submitted to Lab-Aids or this Website, including without limitation information in any Lab-Aids bulletin boards and in all other parts of the Service.

You acknowledge and agree that Lab-Aids and this Website may preserve Materials and may also disclose Materials if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms of service; (c) respond to claims that any Materials violate the rights of third-parties; or (d) protect the rights, property, or personal safety of Lab-Aids and this Website, its users and the public.

You understand that the technical processing and transmission of the Service, including your Materials, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of various networks or devices to which the Service is connected. This Website contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Lab-Aids site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Lab-Aids or its vendors or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from this Website without the prior expressed written permission of Lab-Aids, Lab-Aids' vendor, or the appropriate third party.

Terms And Conditions Of Use May Change

Lab-Aids reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this Website following any such modification constitutes your agreement to follow and be bound by the Terms and Conditions as modified. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use this Website.

Correction Of Errors And Inaccuracies

The content of this Website may contain errors or inaccuracies, and may not be complete or current. Lab-Aids reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you submitted your order and confirmation was received). We apologize for any inconvenience this may cause you.

Termination

This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials and related materials obtained from Lab-Aids and this Website and ceasing utilization of the Website, while fulfilling all obligations incurred by you prior to your termination of use of this Website. This Agreement will terminate immediately without notice from Lab-Aids or this Website, if in their sole discretion you fail to comply with any term or provision of this Agreement, if you are an infringer of any third party's rights, or if you engage in conduct that is illegal, tortuous, or that interferes with the technological operation of this site. Upon termination, you must destroy all materials obtained from Lab-Aids or this Website and all copies thereof, whether made under the terms of this Agreement or otherwise.

Disclaimer

Lab-Aids makes, and this website includes, no representations or warranties with respect to Lab-Aids or the contents of this website, which are provided for use "as is" and "as available." Lab-Aids and this website disclaims all warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose, with respect to Lab-Aids and this website and any web site with which it is linked or content provided by suppliers to this website. Lab-Aids does not warrant the functions, information or links contained on or this website or that its contents will meet your requirements, that Lab-Aids or this website, or its contents, are fit for any particular purpose or that the operation of this website or its contents, will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses, worms, trojan horses, cancelbots, or other harmful components. Lab-Aids does not warrant or make any representations regarding the use or the results of the use of the materials on this website in terms of their correctness, accuracy, reliability, or otherwise. You (and not Lab-Aids or this website) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall Lab-Aids or this website be liable for any special, incidental, or consequential damages that result from the use of, or the inability to use, the materials on this website, even if Lab-Aids, or an authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Lab-Aids' total liability to you for all damages, losses, and causes of action (whether in contract, or not [including, but not limited to, negligence] or otherwise) exceed the amount paid by you, if any, for accessing this website. Under no circumstances shall Lab-Aids be responsible for any damages related to virus infection and the resulting corruption, destruction, or alteration of a user or supplier's system (including files, software and hardware located on their systems).

Jurisdiction and Export

This Website is controlled and operated by Lab-Aids from its office in Ronkonkoma, New York, United States of America. Lab-Aids and this Website make no representation that materials on this Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Data from this site is further subject to United States export controls. No software from Lab-Aids or this Website may be downloaded or otherwise exported or re-exported into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Data, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Arbitration

Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by Lab-Aids to recover damages for, or obtain an injunction relating to, operations of this Website, intellectual property, and services related to this Website, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Ronkonkoma, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either the User or Lab-Aids may seek any interim or preliminary relief from a court of competent jurisdiction in Ronkonkoma, New York necessary to protect the rights or property of you or Lab-Aids pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $10,000.00.

Antitrust Policy

Lab-Aids does not condone any information sharing agreements among its suppliers or its users (including Users) which would utilize information from Lab-Aids which in any way would distort market forces. Lab-Aids also does not condone collusion among users (including Users), which would cause the exercise of monopsony power among buying groups. Lab-Aids will not enter into and does not condone the entering into of any agreements among competitors (whether suppliers or Users) to exclude or discriminate against web sites that are competitive with Lab-Aids. Lab-Aids shall not engage in over-inclusive ownership structures, rules, or incentives which would keep users of Lab-Aids from using or supporting a competitive Website.

Miscellaneous

This Agreement shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of law. You and Lab-Aids each agree to submit to the exclusive jurisdiction of the courts of the State of New York and the corresponding federal courts. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except by writing, signed by both parties. Lab-Aids does not guarantee continuous, uninterrupted or secure access to our services, and operation of this Website may be interfered with by numerous factors outside of our control. If any provision of these Terms & Conditions of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms & Conditions of Use and all incorporated agreements may be automatically assigned by Lab-Aids, in its sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The failure of Lab-Aids to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. The User and Lab-Aids are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms & Conditions of Use.

Permission For Reprints

All material on this Website, without limitation, is protected by U.S. and foreign intellectual property laws, including specifically copyright laws. In order to receive permission to reprint any material on this Website (outside of personal, non-commercial use), please write to:

Lab-Aids®, Inc.

17 Colt Court

Ronkonkoma, NY 11779

phone: (800) 381-8003

email: customercare@lab-aids.com

Notice Of Copyright Infringement

Notification of a claim of copyright infringement must be submitted to the following:

Lab-Aids®, Inc.

17 Colt Court

Ronkonkoma, NY 11779

phone: (800) 381-8003

email: customercare@lab-aids.com

The notification must be in writing and include:

A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of each alleged infringing copyrighted work or works;
Identification of the allegedly infringing material and information reasonably sufficient to enable us to locate such material;
Information reasonably sufficient to enable us to contact the party complaining of an alleged infringement (e.g. an address, telephone number, and email address);
A statement that the complaining party has a good-faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.