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TERMS OF USE AND PRIVACY POLICY FOR CUPPLA MOBILE DEVICE & DIGITAL CONTENT MANAGEMENT SOLUTION (“Cuppla MDM”)

In order to be able to use Cuppla MDM, Cuppla’s customer (your school) needs to grant you the right to use the service and provide you with the user ID
By using Cuppla MDM you accept these terms of use and privacy policy for Cuppla MDM

I. What is Cuppla MDM about?

Cuppla Technology’s Cuppla MDM is a software designed for tablets and mobile phones that enables adjusting devices’ settings and distributes applications and digital content to devices by using internet connection. By registering devices to Cuppla MDM, teachers can prepare mobile devices for teaching. In addition, teachers, can follow the use, manage mobile devices and push applications. Cuppla MDM consist of background system, mobile applications and internet based solution. Mobile devices, that can be either school owned or students’ own devices, are registered to background system. Mobile devices are managed with internet based solution and predefined applications and content can be distributed to the devices which are registered to background system.
In order to work Cuppla MDM needs an open internet connection. User or school are responsible for the costs and functionality of the required internet connection.

II. Terms of use – what do you agree to when you install and take Cuppla MDM into use?

1. You understand that Cuppla MDM processes personal data (see the privacy policy for details). You acknowledge that you have been informed of the particulars of the software and the data collected. You hereby give your consent to Cuppla to process personal data as deemed appropriate and necessary for the software to carry out its designed tasks.
2. You understand that Cuppla MDM is licensed and/or made available ”as is”. Cuppla Technology makes no, and hereby expressly disclaims all, warranties, express, implied, statutory, or otherwise with respect to Cuppla MDM, including non-infringement and the implied warranties of merchantability and fitness for a particular purpose. Cuppla Technology does not warrant that Cuppla MDM will function without interruptions or error-free. Further, Cuppla Technology shall not be liable for the content distributed by using Cuppla MDM. Cuppla Technology is not liable for direct or indirect damages caused by interruptions and disturbances including loss or delay of content or changes in content due to technical defects or maintenance. Further, Cuppla Technology disclaims any liability for direct or indirect damages caused to you by harmful programs (viruses, worms or the like) or incorrect content in Cuppla MDM. Cuppla Technology bears no liability for damages caused by you or by a third party. Cuppla Technology’s maximum liability for direct damages caused to you or your property is at all times limited to the to the amount of 50 euros. Cuppla Technology is never liable for any indirect or unforeseeable damages caused to you at any given circumstances.

3. You agree that all right, title and interest in and to all copyrights, inventions, patents and other intellectual property rights of whatever nature arising out of or related to the Cuppla MDM and any accompanying materials shall vest in, and be the sole and exclusive property of Cuppla Technology or its licensors. You grant a perpetual right to Cuppla Technology to use any feedback you have given.

4. Subject to your agreement and continuing compliance with these terms, Cuppla Technology grants to you a non-transferable, non-exclusive, non-sublicensable, revocable, limited right to access and use Cuppla MDM for your own non-commercial purposes and solely for the term of the agreement and in accordance with the guidelines which may be from time to time given by Cuppla Technology. You have no right to use Cuppla MDM for any other purpose.
5. You are not entitled to use, copy, store, modify, transfer, distribute or otherwise make publicly available your account, Cuppla MDM service or a part thereof in any way.
6. You represent and warrant that the information you provide in connection with registration to, and use of Cuppla MDM (such as your contact information) is true and accurate. You must keep the password required for the use of Cuppla MDM secret and not disclose it to anyone else. You may not assign or transfer your user ID to a third party and you may not allow a third party use Cuppla MDM with your user ID. If a third party has obtained your password or you have a reason to believe that a third party has obtained your password, you must immediately inform Cuppla Technology. You are responsible for actions taken by using your user ID.
7. You agree to indemnify, defend and hold Cuppla Technology and its officers, directors, employees, agents and representatives harmless from and against all damages, liabilities, costs, losses and expenses (including reasonable attorneys’ fees) arising out of or resulting from: (i) your use of Cuppla MDM or any accompanying materials; (ii) content you distribute by using Cuppla MDM; (iii) any actual or alleged breach by you of these terms; and/or (iv) your violation of any rights of another.
8. Cuppla Technology reserves the right to terminate or restrict your access to Cuppla MDM without prior notice if you violate these terms or if you abuse Cuppla MDM. Cuppla Technology is entitled to prevent access to Cuppla MDM if Cuppla Technology has reason to believe that you are engaged in illegal activity or compromise other users’ or Cuppla Technology’s data security or privacy. Cuppla Technology may request you to change your password if it receives a notice that your password has gotten into the hands of a third party or due to a severe data security risk.

9. Cuppla Technology reserves the right, at any time, to modify, alter, or update these terms without prior notice by posting a new version online at Cuppla Technology’s website so please review it frequently. Your continued use of Cuppla MDM after the posting of a new version is deemed as your acceptance of the modified terms. Cuppla Technology reserves also the right, at any time, to modify, alter, or update the content of Cuppla MDM.

10. Cuppla Technology reserves the right to stop offering and/or supporting Cuppla MDM or part of it at any time, at which point your right to use Cuppla MDM or a part thereof will be automatically terminated. In such event, Cuppla Technology shall not be required to provide refunds, benefits or other compensation to users. Termination of your account can include disabling your access to Cuppla MDM or any part thereof including any content you distributed or others distributed by using Cuppla MDM.
11. You agree that any disputes shall be primarily settled through negotiations. In case the Parties are unable to reach a consensus through negotiations, the disagreements between the Parties shall be resolved by the District Court of Helsinki.

III. PRIVACY POLICY FOR CUPPLA MDM

Cuppla MDM collects the following information which can be personal data that identifies you as an individual:
User information:
Firstname, lastname, class, teacher’s email address.

Device Information:
Device Name, Device unified information ID (UDID), device model, manufacturer, operating system type and version, kernel information, location information (devices defined by schools if collected), installed programs.
Cuppla Technology collects and processes only personal data of Cuppla Technology’s customer’s (such as schools) administrative users of Cuppla MDM (teachers or other named administrative users). Cuppla Technology acts as a data controller and keeps a register of those administrative users. Should you have any questions regarding the processing of your personal data by Cuppla Technology, please see the contact details in the end of this policy.
Cuppla Technology’s customers (such as schools) are acting as data controllers when they are collecting and processing personal data of their own users of Cuppla MDM (school’s students, teachers and other personnel) for whom they have provided the access to Cuppla MDM. Should you have any questions regarding the processing of your personal data by the school who has provided you with the access to Cuppla MDM, please contact the school directly.

For what is this information used for?
Information is collected in order for Cuppla MDM to perform the actions and processes that it is designed for and for improving Cuppla MDM and providing better user experience. If the device is lost necessary actions can be taken. Security settings can be installed to the devices.

How is the information collected?
Device information is collected once the device is registered to the Cuppla MDM background system and also daily and if needed bases. Location information is collected only from school-owned devices and the last known location information is stored to the server.
User information is collected when Cuppla Technology’s personnel create account for customers (such as schools) and provides the customer with account ID and passwords for teachers and/or other administrative users of Cuppla MDM at the customer.
User information is also collected by Cuppla Technology’s customers (such as schools) when they use Cuppla MDM and provide their own users access to Cuppla MDM.

How long is the information stored?
Stored information will be deleted after 60 days after the agreement between Cuppla Technology and its customer (such as school) has ended.

Where is the information stored?
Information is stored to Microsoft Azure North – European cloud storage and is not transferred outside EU or EEA area.

Is the data shared and who can access the data?
Stored data can be accessed by Cuppla Technology’s administrators. Collected personal data is not disclosed or sold to third parties and is not being used for marketing purposes.

What safeguards are in place?
User data is encrypted in the datacenter server and all data communication is done using SSL encryption. Access to servers are available only with username and password.

Who is the data controller?

Cuppla Technology Oy is the data controller regarding the data of administrative users of Cuppla MDM, Company ID: 2733338-2, Kauppiaankatu 6 a 16, Johanna Kartila-Malmivaara, contact@cupplatech.com , all administrative users can request to see collected data and make a request to modify incorrect data by sending request to contact@cupplatech.com.
Cuppla Technology’s customers (such as schools) are acting as data controllers when they are collecting and processing personal data of their own users of Cuppla MDM (school’s students, teachers and other personnel) for whom they have provided the access to Cuppla MDM. Should you have any questions regarding the processing of your personal data by the school who has provided you with the access to Cuppla MDM, please contact the school directly.