Benchmark Education Company, LLC
Trademarks and Copyright
Warranties and Disclaimers
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE INA WRITTEN AGREEMENT BETWEEN YOU AND BENCHMARK EDUCATION COMPANY, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BENCHMARK EDUCATION COMPANY MAKES
Limitation of Liability
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL BENCHMARK EDUCATION COMPANY, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT BENCHMARK EDUCATION COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITES THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
You agree to indemnify, defend and hold harmless Benchmark Education Company, its affiliates and partners, and their respective officers, directors, employees, agents, members, licensors, representatives and third-party providers to the Sites from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms Benchmark Education Company reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Benchmark Education Company in asserting any available defenses.
Governing Law and Jurisdiction
Last Updated: February 2016
applicable laws, which may not be as protective as the laws in your country. By using Benchmark Universe, you agree to this.
Information Collected by Benchmark Education through Benchmark Universe
Information You Provide: When districts register for Benchmark Universe, we ask that a district administrator provide certain personal information about the district employees who will be using the product. This information may include first and last names, employee roles, the name of the school, district, city, state, email address, user names and passwords.
To sign up your students for Benchmark Universe, we ask you to provide each student’s first name, user name and password, as well as a password recovery question. Benchmark Universe only collects information about students when it is provided by an authorized school representative. Students may not register on their own.
When your students use Benchmark Universe, we collect certain information, such as when a student starts and stops a lesson, which lessons a student chooses to use, the responses students make to questions asked and the timing of those responses.
Site Usage Information:
When using Benchmark Universe, our servers automatically collect certain site usage information associated with your computer. Site usage information is non-personal information that includes, but is not limited to, browser type, operating system, IP address and the domain name from which you accessed Benchmark Universe. It may also include information such as the date and time you accessed Benchmark Universe, how much time you spent on Benchmark Universe, the pages you visit and other “click-stream” data.
We use third party service providers to assist us in collecting and understanding Site Usage information.
How We Use Your Information:
Information You Provide:
We may use the information that you provide when you register for Benchmark Universe to create your account. This allows your employees and students to log in, create a classroom within the product and assign lessons to students.
We may use teacher email addresses to send important updates about Benchmark Universe, to respond to your support or feedback inquiries, or to respond to your requests. Students will never be emailed or otherwise contacted.
We use the student names to customize your classroom list, personalize data reports available on your account, and customize the experience for the student.
You always remain in control of the personal information you provide to us about you and your students.
Non-personal information, such as gender, grade level, date of birth and other demographic information are used in aggregated, anonymized reporting to help us better understand how the platform is used and to improve the platform.
Platform Information is provided to the teachers and administrators so that they may see how their students are performing within the Benchmark Universe.
Site Usage Information:
We use site usage information to administer the site and platform, monitor and diagnose problems with it, remember you when you return so that you don’t have to resubmit your information and so that we can maintain your progress, and to improve our platform.
We do not combine the personal information that you provide at registration with Platform or Site Usage information. By registering students for Benchmark Universe, you represent and warrant that you are authorized to allow the above information collection and use for your students.
How We May Share Your Information:
We never sell or rent your information.
We will only share your information in the following circumstances:
When we believe in good faith that disclosure of your information is necessary to protect our rights and those of others, to protect your safety or the safety of others, to investigate fraud or to respond to a government, judicial or other legal request or to comply with the law
We may also share certain aggregated, anonymized information with a third party provider to help us analyze the information.
Your Access and Opt-Out Rights
You may review or change the information you have provided about yourself by logging into your account or by contacting us at email@example.com. If you contact us, we will ask you to verify your identity before we provide you with information or make changes.
If you are a district administrator who has provided us with personal information about your employees or students, you may review, revise or delete that information at any time by logging into your account and accessing your district portal. Deleting student information from your district portal will result in that information also being deleted from our servers.
You may also choose to opt in or opt out of email marketing messages and newsletters from us. To opt out, simply click on the “unsubscribe” button that appears on every email.
If you are a parent or legal guardian of a minor child, you may also have the right to access certain information about your child. To do so, we request that you contact your school or district, which may access your child’s information through their classroom portal.
We do not retain your personal information for longer than is necessary to provide you with the features and services you have requested. When you request an account be deleted, we remove the data from our servers. At expiration or termination of an agreement, we remove the data within 6 months from the termination date. At any time, you may request that we permanently delete personal information immediately by emailing us at
firstname.lastname@example.org. We do retain aggregated, anonymized information for some of the purposes described above.
We strive to maintain reasonable security standards to safeguard your data. Benchmark Universe has multiple security measures in place to protect the loss, misuse or alteration of information under our control. These include encryption of data in transit, regular software security updates and industry best practices for network and physical security.
However, please be aware that no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit or otherwise provide to us and you do so at your own risk.
If you create an account, you will be asked to select a password for both yourself and each employee and student to access Benchmark Universe. Users are responsible for maintaining the strict confidentiality of account password(s), and for any activity that occurs under your account credentials, whether or not authorized by you. Please notify us of any unauthorized use of your account or any suspected breach of security.
Benchmark Education Company, LLC 145 Huguenot Street 8th Floor
New Rochelle, NY 10801