Privacy Policy

Last updated: June 15, 2017

DEMBRY LLC ("us", "we", or "our") operates the Datability mobile application (the "Service").

This page informs you of our policies regarding the collection, use and disclosure of Personal

Information when you use our Service. We will not use or share your information with anyone

except as described in this Privacy Policy. We use your Personal Information for providing and

improving the Service. By using the Service, you agree to the collection and use of information

in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this

Privacy Policy have the same meanings as in our Terms and Conditions, accessible at

www.iepdata.com.

Compliance with NYSED law 2d

Datability collects data for the explicit purpose of tracking, monitoring, and analysing student

and teacher educational performance.  Only individuals who are explicitly given access to

student data as stated on the Individualized Education Plan should have access to data in any

form.  These forms include data on Datability as well as any data printed or sent via email.   

Students are identified  within the application  by first  name and the first 3 letters of their last

name with no other  identifying information collected.  Student data is protected in many ways.  

Users are required to input a CASE sensitive email address and password to access information

in Datability.  Should  the user lose their login information, they may retrieve it by submitting their

school name, email  address, and first/last name, all of which are CASE sensitive as well.  

Additionally, data is backed up to Google’s Firebase cloud service which uses DEK and KEK

encryption.  Users do  not have access to the cloud backup directly.  Should a user wish to

terminate the use of Datability, it is incumbent on them to erase all student data on their device

before termination.  Erasing student data on the device also permanently removes it for the

cloud backup.   Student data should be retained on the application as long as as it’s

educationally necessary to do so.  Once the student is no longer assigned to the user or data

collection is no longer necessary, the student and all data should be deleted from the application

by the user.   Users input the data they have collected into Datability.  Should the accuracy or validity of the

data come into question, individuals should feel free to  contact their school administrator or the

Committee on Special Education  to discuss data collection procedures.                

Information Collection And Use.   

While using our Service, we may ask you to provide us with certain

personally identifiable information that can be used to contact or identify you. Personally identifiable

information may include, but is not limited to, your email address, name ("Personal Information").

Log Data

We collect information that your browser sends whenever you visit our Service ("Log Data").

This Log Data may include information such as your computer's Internet Protocol ("IP") address,

browser type, browser version, the pages of our Service that you visit, the time and date of your

visit, the time spent on those pages and other statistics.

When you access the Service by or through a mobile device, we may collect certain information

automatically, including, but not limited to, the type of mobile device you use, your mobile

devices unique device ID, the IP address of your mobile device, your mobile operating system,

the type of mobile Internet browser you use and other statistics.

Cookies

Cookies are files with small amount of data, which may include an anonymous unique identifier.

Cookies are sent to your browser from a web site and stored on your computer's hard drive.

We use "cookies" to collect information. You can instruct your browser to refuse all cookies or

to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be

able to use some portions of our Service.

Do Not Track Disclosure

We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web

browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your

web browser.

Service Providers

We may employ third party companies and individuals to facilitate our Service, to provide the

Service on our behalf, to perform Service-related services or to assist us in analyzing how our

Service is used. These third parties have access to your Personal Information only to perform

these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Compliance With Laws

We will disclose your Personal Information where required to do so by law or subpoena or if we

believe that such action is necessary to comply with the law and the reasonable requests of law

enforcement or to protect the security or integrity of our Service.

Security

Datability uses a 2 step sign in which requires the user to input their email and password, both

of which are case sensitive.  Should the user forget their email and password, they may recover

their information by submitting their name, school, and email address, all of which are case

sensitive as well..  Additionally, all data is backed up to Google Firebase which uses DEK and

KEK encryption. The security of your Personal Information is important to us, but remember that

no method of transmission over the Internet, or method of electronic storage is 100% secure.

While we strive to use commercially acceptable means to protect your personal information, we

cannot guarantee its absolute security.

International Transfer

Your information, including Personal Information, may be transferred to — and maintained on

— computers located outside of your state, province, country or other governmental jurisdiction

where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note

that we transfer the information, including Personal Information, to United States and processes

it there. Your consent to this Privacy Policy followed by your submission of such information

represents your agreement to that transfer.

Links To Other Sites

While Datability does not contain links to other sites, our website,  www.iepdirect.com may

contain links to other sites that are not operated by us. If you click on a third

party link, you will be directed to that third party's site. We strongly advise you to review the

Privacy Policy of every site you visit. We have no control over, and assume no responsibility for

the content, privacy policies or practices of any third party sites or services.

Children's Privacy

Our Service does not address anyone under the age of 13 ("Children") and no one under 13 should be

using our application unless explicitly stated by their legal guardian.

We do not knowingly collect personally identifiable information from children under 13. If you

are a parent or guardian and you are aware that your Children has provided us with Personal

Information, please contact us. If we discover that a Children under 13 has provided us with

personal information, we will delete such information from our servers immediately.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by

posting the new Privacy Policy on this page. You are advised to review this Privacy Policy

periodically for any changes. Changes to this Privacy Policy are effective when they are posted

on this page.  DEMBRY LLC reserves the right to terminate your service at any time.

Contact Us

If you have any questions about this Privacy Policy, please contact us at Dembryllc@gmail.com

 

DEMBRY LLC (Datability) TERMS OF SERVICE

Terms of Service ("Terms")

 

Last updated: July 21, 2014

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Datability mobile application (the "Service") operated by DEMBRY LLC ("us", "we", or "our").

 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

 

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.


 

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

 

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

 

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.   

 

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.


 

Intellectual Property

 

The Service and its original content, features and functionality are and will remain the exclusive property of DEMBRY LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of DEMBRY LLC.

 

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by DEMBRY LLC.

 

DEMBRY LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that DEMBRY LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

 

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

 

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

 

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

 

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

 

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Indemnification

 

You agree to defend, indemnify and hold harmless DEMBRY LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

 

Limitation Of Liability

In no event shall DEMBRY LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

 

DEMBRY LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

 

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

Governing Law

These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.

 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

 

Datability/DEMBRY LLC Confidentiality and non-Disclosure Agreement

 

The User agrees to keep their ID and Password secure, and accessible to only themselves.

The User agrees not to share their User ID or Password with anyone including but not limited to 1:1 paraprofessionals, classroom paraprofessionals, student teachers, interns, other teachers or parents.

The User agrees that if their ID or Password is compromised in any manner, they will inform the central office immediately.  

The User agrees to use discretion to ensure confidentiality  with regard to when and where Datability is accessed. (Screen not visible/Log out when done)

The User agrees to treat the information in Datability as they would any other IEP

The User agrees not to disclose the contents, screens or workings of Datability/DEMBRY LLC in any manner to anyone not employed by the district or not authorized to access the program.

Any breach of these guidelines will be considered a breach in Terms of Service

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 60 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

 

Contact Us

If you have any questions about these Terms, please contact us