Ron Clark Academy

Terms and Conditions

Thanks for using RCA House Points.

Please read these Terms carefully. By using RCA House Points or signing up for an account, you're agreeing to these Terms, which will result in a legal agreement between you and RCA House Points ("Agreement"). We'll start with the basics, including a few definitions that should help you understand these Terms. RCA House Points ("RCA House Point System," "Ron Clark Academy House Point System," "Ron Clark Academy House Points," "Ron Clark Academy," "we," or "us") is an online application platform (the "Service," "application," "software," "system") offered through the URL www.rcahousepoints.com (we'll refer to it as the "Website") that allows you to, among other things, manage, create, and monitor houses(Rêvuer, Isibindi, Amistad, and Altruismo) within a school (public, private, boarding, or independent). RCA House Points is an entity of the Ron Clark Academy, which is a registered nonprofit organization in the state of Georgia. RCA House Points has employees, independent contractors, and representatives ("our Team"). As a customer of the Service or a representative of an entity that's a customer of the Service, you're a "Member" according to this Agreement (or "you").

These Terms of Use ("Terms,") define the terms and conditions under which you're allowed to use the Service in accordance with the Agreement, and how we'll treat your account while you're a Member. If you don't agree to these Terms, you must immediately discontinue your use of the Service.

Account

1. Eligibility

In order to use the Service, you must:

  1. be at least eighteen (18) years old to create an account and able to enter into contracts;
  2. complete the registration process;
  3. agree to these Terms;
  4. provide true, complete, and up-to-date contact and billing information;
  5. be based in the United States; and
  6. not be based in Cuba, Iran, North Korea, Syria, or any other country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist-supporting" country.

By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won't use the Service in a way that violates any laws or regulations and also not encourage or permit anyone else to do so. Note that by representing and warranting, you are making a legally enforceable promise.

RCA House Points may refuse service, close accounts of any users, and change eligibility requirements at any time.

2. Terms

When you sign up for the Service and agree to these Terms, the Agreement between you and RCA House Points is formed, and the term of the Agreement (the "Term") will begin. The Term will continue for as long as you have an RCA House Points account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first.

3. Closing Your Account

You or RCA House Points may terminate the Agreement at any time and for any reason by terminating your RCA House Points account or giving notice to the other party. We may suspend the Service to you at any time, with or without cause. If we terminate your account without cause, and your account is a paid account, we'll refund a prorated portion of your monthly prepayment. We won't refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, like a breach or any violation of the Agreement. If your account is inactive for 12 or more months, we may terminate the account. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it. Usernames are unique and can only be used once. If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.

4. Modification to Agreement

We may modify this Agreement or Guidelines to, for example, reflect changes to the law or changes to our Services. You should look at the Agreement regularly. We'll post notice of modifications to this Agreement on this page or elsewhere in the Services and/or as required by law. Changes will become effective when you continue to use the Service following notice of the change. Your continued use of the Services, following notice of the changes to the Agreement or Guidelines, constitutes your acceptance of our amended terms, policies or guidelines. If you do not agree to the modified Agreement, you should discontinue your use of the Service.

Ron Clark Academy House Point System will not change how information contained in student data are used or shared under these Terms of Service without advance notice, including prominent notice to affected Users. If a change with respect to how information contained in student data is used or shared under these Terms of Service has a material adverse impact on the students, School Personnel or Institution and the School Personnel or Institution does not agree to the change, the School Personnel or Institution must notify Ron Clark Academy within thirty days of receiving the notice of change as described under the caption "Contact Information" below. If School Personnel or Institution notifies Ron Clark Academy as required, then the School Personnel or Institution will remain governed by the Terms of Service in effect immediately prior to the change until the end of the then current Term. If the Service is renewed, they will be renewed under Ron Clark Academy House Point System's then current Terms of Service.

5. Account and Password

You're responsible for keeping your account name and password confidential. You're also responsible for any account that you have access to and any activity occurring in such account (other than activity that RCA House Points is directly responsible for that isn't performed in accordance with your instructions), whether or not you authorized that activity. You'll immediately notify us of any unauthorized access or use of your accounts. We're not responsible for any losses due to stolen or hacked passwords that are caused by or result from your negligence. We don't have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.

6. Account Disputes

We don't know the inner workings of your organization or the nature of your personal relationships. You won't request access to or information about an account that's not yours, and you'll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content in that account, and if multiple people or entities are identified in the content, then we'll rely on the contact and profile information listed for that account. In cases where differing contact and profile information is present, we'll require you to resolve the matter through proper channels outside of RCA House Points.

When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account.

Payment

7. Monthly Plans

When you sign up for a Monthly Plan, you agree to recurring billing. Billing occurs on the same day each month, based on the date that you started the Monthly Plan. Billing for Monthly Plans may be paused, and you may choose to close your account permanently at any time.

Our charges for Monthly Plans are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the "Pay Date"). If you go over your sending limit and reach another pricing level, then you'll have to pay at the higher level on or before the next Pay Date. If the Term ends before that payment is due, you'll still be required to make one payment at the higher level.

8. Credit Cards

As long as you're a Member with a paid account or otherwise have an outstanding balance with us, you'll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You'll replace the information for any credit card that expires with information for a valid one. If your credit card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we're authorized to deduct any charges on your account against the new credit card. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won't be rejected. If we're unable to process your credit card order, we'll try to contact you by email and suspend your account until your payment can be processed.

9. Refunds

We'll give you a refund for a subscription if we stop providing the Service and terminate your account without cause. You won't be entitled to a refund from us under any other circumstances. We may, at our sole discretion, offer a refund if a Member requests one.

10. Charges for Add-Ons

If you use an Add-on that has a charge, then you'll be billed that additional amount with each billing cycle for as long as the Add-on is active. Your billing cycle for an Add-on may differ from your billing cycle for your Monthly Plan or other Services, and certain Add-ons may require upfront payment for their entire billing cycle.

11. Billing Charges

We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email. Quoted fees don't include sales or other transaction-based taxes of any kind.

Rights

12. Proprietary Rights Owned by Us

You will respect our proprietary rights in the Website and the software used to provide the Service (proprietary rights include, but aren't limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property). You may only use our brand assets according to our Brand Guidelines

13. Proprietary Rights Owned by You

You represent and warrant that you either own or have permission to use all of the material, content, data, and information (including your personal information and the personal information of others) you submit to RCA House Points in the course of using the Service ("Content"). You retain ownership of the Content that you upload to the Service. We may use or disclose your Content (including any personal information therein) only as described in these Terms, our Privacy Policy and Cookie Statement.

14. Privacy Policy

Your privacy is important to us. Please read our Privacy Policy and Cookie Statement for information regarding how we collect, use, and disclose your Content and personal information and protect your privacy when you use the Service.

15. Right to Review Content

We may view, copy, and internally distribute Content from your account to create algorithms and programs ("Tools") that help us spot problem accounts and improve the Service. We use these Tools to find Members who violate these Terms or laws and to study data internally to make the Service smarter and create better experiences for Members and their contacts.

16. Right to Review Accounts

We may view or access your system with permission of the school's system administrator. Access to your system can be for various reasons including access for technical support, to remove malicious users, and to advance RCA's internal efforts to determine whether users and school are in compliance with the provisions of the federal Family Educational Rights and Privacy Act (FERPA), and the Children's Online Privacy Protection Act (COPPA).

Rules and Abuse

17. Eligibility

By agreeing to these Terms, you promise to follow these rules:

  1. You won't misuse our RCA House Points ("RCA House Points Systems") software for derogatory, threat of Physical Harm, or Hateful Content purposes as defined by our team solely.
  2. RCA House Points doesn't allow accounts with the primary purpose of promoting or inciting harm toward others or the promotion of discriminatory, hateful, or harassing Content. To this end, we may suspend or terminate your account if you distribute any Content that we determine, in our sole discretion, contains either of the following:
  3. A Threat of Physical Harm This means any statement, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
  4. Hateful Content. This means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.

We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:

  1. an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm;
  2. a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm; or
  3. a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.

If you violate any of these rules, then we may suspend or terminate your account.

18. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a RCA House Points Member, please report it to our abuse team at requests@ronclarkacademy.com. If you think anyone has posted material that violates any protected marks or copyrights, then you can notify us at the address provided in our Copyright and Trademark Policy.

19. Bandwidth Abuse/Throttling

You may only use our bandwidth for your RCA House Points images. We provide image and data hosting only for your RCA House Points, so you may not host images on our servers for anything else (like a website). We may throttle your sending or connection through our API at our discretion.

20. Compliance with Laws

You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You're responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, EU data privacy laws (including the General Data Protection Regulation) (collectively, "EU Data Privacy Laws"), United States export control laws and regulations and economic sanctions laws and regulations ("U.S. Export Control Laws and Regulations"), or other applicable laws. If you're subject to regulations (like HIPAA) and you use the Service, then we won't be liable if the Service doesn't meet those requirements. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children's Online Privacy Protection Act, or other laws that apply to commerce.

If you collect any personal information pertaining to a minor and store such information within your RCA House Points account, you represent and warrant that you have obtained valid consent from the minor according to the applicable laws of the jurisdiction in which the minor lives, or that you have otherwise obtained the required parental or guardian consent according to the applicable laws of the jurisdiction in which the minor lives.

If you're located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the "EEA") and/or distribute Campaigns or other Content through the Service to anyone located in the EEA (each such Member an "EEA Member") in creating your Campaign distribution list, sending Campaigns via the Service, and/or otherwise collecting information as a result of creating or sending Campaigns, you represent and warrant to RCA House Points that:

  1. You will clearly post, maintain, and abide by a publicly accessible privacy notice on the digital properties from which the underlying data is collected that satisfies the requirements of applicable data protection laws, describes your use of the Service, and includes a link to RCA House Point's Privacy Policy.
  2. You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to RCA House Points and to enable such data to be lawfully collected, processed, and shared by RCA House Points for the purposes of providing the Service or as otherwise directed by you.
  3. You will provide and obtain all notices and obtain all necessary consents required by applicable data protection laws to enable RCA House Points to deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of contacts and end users of the Service in accordance with and as described in the Cookie Statement.

You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this Section 20.

United States Federal and State Education Privacy Laws

Ron Clark Academy House Point System, in its role as a vendor to educational agencies and institutions, both public and private entities ("Educational Agencies"), receives disclosures from the Educational Agencies, which include the personal information and other data ("Student Data") contained in student records as well as directly from students and parents of students. Only information that is needed for Ron Clark Academy House Point System to perform services, which are outsourced to Ron Clark Academy House Point System by the Educational Agencies, is disclosed to Ron Clark Academy House Point System. These disclosures are authorized by the federal Family Educational Rights and Privacy Act (FERPA). Ron Clark Academy House Point System considers Student Data to be strictly confidential and do not use Student Data for any purpose other than improving and providing our products and services to the Educational Agencies or on the Educational Agencies' behalf. Our collection, use, and sharing of Student Data is governed by our contracts with the Educational Agencies, the provisions of FERPA, the Children's Online Privacy Protection Act (COPPA), and other applicable state and federal laws and regulations that relate to the collection and use of personal information of students. If you have questions about reviewing, modifying, or deleting personal information of a student, please contact the relevant Educational Agency(ies) directly..

By agreeing to these Terms, you promise to adhere to the provisions of the federal Family Educational Rights and Privacy Act (FERPA) and the Children's Online Privacy Protection Act (COPPA), and other applicable state and federal laws that relate to the collection, distribution, and use of personal information of students while using the Ron Clark Academy House Point System application.

RCA disclaims any and all responsibility for third party school's use of the services and compliance with these laws.

21. Export Controls

The software that supports the Service (the "Software") is subject to U.S. Export Control Laws and Regulations. Export laws are set up by the government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements. None of the Software may be downloaded or otherwise exported or re-exported in violation of U.S. Export Control Laws and Regulations and any other applicable export laws and regulations (collectively, "Export Control Laws"). Therefore, you agree that you won't, directly or indirectly through a third party, allow the Software or your Campaigns to be accessed or generated from within, or distributed or sent to, any prohibited or embargoed country as mentioned in any Export Control Laws. In addition, you certify that neither you nor any principals, officers, directors, teacher, staff, or any person or entity you know to be directly involved with the use of the Service is designated on any U.S. government list of prohibited or restricted persons.

It's important to note that this Section 21 isn't meant to provide a comprehensive summary of the Export Control Laws that govern RCA House Points, the Service, or the Software. You're downloading and using the Software at your own risk, and it's your responsibility to consult with a legal advisor to make sure your use of the Service and the Software complies with applicable laws.

22. Postings

To the extent that certain areas of this Site provide Users an opportunity to post messages or other information (collectively, "Postings"), BE ADVISED THAT RON CLARK ACADEMY HAS NO OBLIGATION TO SCREEN, EDIT, OR REVIEW SUCH POSTINGS PRIOR TO THEIR APPEARANCE ON THIS SITE, and Postings do not necessarily reflect the views of Ron Clark Academy. To the fullest extent permitted by applicable laws, Ron Clark Academy House Point System shall in no event have any responsibility or liability for the Postings (or the loss thereof for any reason) or for any claims, damages, or losses resulting from their use (or loss) and/or appearance on this Site. The Postings are accessible and viewable to the general public and other users of this Site. Ron Clark Academy House Point System reserves the right to monitor all Postings and to remove anything which it considers in its absolute discretion to be offensive or otherwise in breach of these Terms of Use or for any other reason as it deems necessary. You hereby represent and warrant that you have all necessary rights in and to all Postings and all material they contain; that your Postings shall not infringe any proprietary or other rights of third parties; that your Postings shall not contain any viruses or other contaminating or destructive devices or features; that your Postings will not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and that your Postings will not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.

You hereby authorize Ron Clark Academy to use and/or authorize others to use all or part of your Postings in any manner, format, or medium that Ron Clark Academy or such other parties see fit. You shall have no claim or other recourse against Ron Clark Academy for infringement of any proprietary right in Postings.

23. Information We Collect

Directly from you. We collect information necessary to provide the educational technology services as directed by you. The information collected from you depends on the specific product and what is needed to integrate with your systems and to set up and maintain accounts. This includes information in the following data categories:

  1. Account information: The exact elements will depend on the product and what specific information you as a customer provide us, but often we receive from you include pupil records of students and parents of students enrolled in your school or district, such as directory information, email addresses, student IDs, account credentials, courses students are enrolled in, health information kept in student records.
  2. We also collect employee account information including user names, email addresses and titles to initially set up products and services for you.
  3. Depending on your needs as a customer, we may also collect financial information of students and parents of students as you make available to us in order to provide services.

Indirectly from you. We collect device and usage information when you access and use our products and services, including information that your browser or the mobile app sends when you are using it. This data may include your unique device identifier, IP address, your browser type and configuration, the date and time of your use of the product or service and cookie data. Learn more about our use of cookies in our Cookie Statement.

From third parties. We may receive information from affiliates with Ron Clark Academy House Point System and other third parties. For example, we may receive limited personal information from third-party services that integrate with or complement the Ron Clark Academy House Point System products or services in order to provide you with the best possible user experience.

How We Use This Information We use your information to provide you the features and functionality of the Ron Clark Academy House Point System products and services, as well as to communicate directly with you and allow you to communicate with other Ron Clark Academy House Point System users.

24. Communication

  1. It is necessary for us to use your information in this manner in order to provide you with the services your school district has requested pursuant to its agreement with Ron Clark Academy House Point System. We will use your information to provide you with news and information about new products and services. Any such marketing communications from us may be discontinued at any time. We may also use de-identified and aggregated information to understand and improve our products and services. We may share general customer contact information with certain Partners as is necessary to offer and provide our products and services to our current and prospective clients. No customer data other than general institution contact information is provided for these purposes. For absolute clarity, we do not provide any identifiable student data to any Partners for marketing purposes in violation of FERPA.
  2. We also will use your information to provide you with notifications about our services via text message, SMS, email, etc.

25. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Service, including any downloads from the Website. We and our Team won't be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they're based on negligence or we've been advised of the possibility of those damages. In any calendar month, our total liability to you arising under or in connection with the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service the upon purchase.

In addition, for the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of our Acceptable Use Policy, regardless of whether we terminate or suspend your account due to such violation.

26. No Warranties

To the maximum extent permitted by law, we provide the Website and the Service as-is. This means that, except as expressly stated in these Terms, we don't provide warranties, conditions, or undertakings of any kind in relation to the Website and/or Service, either express or implied. This includes, but isn't limited to, warranties of merchantability and fitness for a particular purpose, which are to the fullest extent permitted by law, excluded from the Agreement. Since Members use the Service for a variety of reasons, we can't guarantee that it'll meet your specific needs.

27. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren't allowed under these Terms due to a "Limitation of Liability" or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (a) your Content, (b) your use of the Service, (c) your violation of any laws or regulations, (d) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (e) any misrepresentations made by you, or (f) a breach of any representations or warranties you've made to us.

28. Legal Fees and Expenses

If we file an action against you claiming you breached these Terms and we prevail, we're entitled to recover all reasonable legal fees, expenses, and any damages or other relief we may be awarded.

29. Equitable Relief

If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

30. Subpoena Fees

If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

31. Disclaimers

We and our Team aren't responsible for the behavior of any third parties, linked websites, or other Members.

Fine Print

32. Notice to U.S. Government End Userss

The Software and Website, including all documentation, are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, and consist of "Commercial Computer Software" and "Commercial Computer Software Documentation." The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. government end users:

  1. only as Commercial Items,
  2. with the same rights as all other end users, and
  3. according to the Terms.

Published and unpublished rights are reserved under the copyright laws of the United States. The manufacturer is The Ron Clark Academy, 228 Margaret St Atlanta, Georgia 30315.

33. Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

34(a). Choice of Law

The State of Georgia's laws, except for conflict of laws rules, will apply to any dispute related to the Agreement or the Service. Any dispute related to the Agreement or the Service itself will be decided by the state and federal courts in Fulton County, Georgia, and each party will be subject to the jurisdiction of those courts.

34(b). Arbitration

If the Parties do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding individual arbitration governed by the Federal Arbitration Act ("FAA"). You are giving up the right to litigate (or participate in litigation as a party or class member for) all disputes in court before a judge or jury. Instead, all disputes will be resolved on an individual basis before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the Parties may enforce the arbitrator's award.

34(c). No Class Action Procedure

Notwithstanding any of the foregoing or any other provision of this Agreement, class arbitration is not permitted under any circumstance. The Parties agree that, by entering into this Agreement, THE PARTIES MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings or more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

35. Force Majeure

We won't be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.

36. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

37. Severability

If it turns out that a section of these Terms isn't enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.

38. Interpretation

The headers and sidebar text are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms won't affect the way the Agreement is interpreted.

39. Amendments and Waiver

Amendments or changes to the Agreement won't be effective until we post revised Terms on the Website. If we don't immediately take action on a violation of these Terms, we're not giving up any rights under the Terms, and we may still take action at some point.

40. No Changes in Terms at Request of Member

Because we have so many Members, we can't change these Terms for any one Member or group.

41. Further Actions

You'll provide all documents and take any actions necessary to meet your obligations under these Terms.

42. Notification of Security Breach

In the event of a security breach that may affect you or anyone on your student lists (each a "List"), we'll notify you of the breach once we have determined, in our discretion, that it occurred and will provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you'll promptly do so.

43. Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Anthony Glosson, Kilpatrick Townsend & Stockton LLP, RCA House Points, 1100 Peachtree Street NE, Atlanta, Georgia, 30309.

44. Entire Agreement

The Agreement and any Additional Terms you've agreed to by enabling any Add-ons make up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into the Agreement when you activate the corresponding Add-on.

Where there's a conflict between these Terms and the Additional Terms, the Additional Terms will control to the extent of the conflict.

Congratulations! You've reached the end.

Thanks for taking the time to learn about RCA House Points' policies.

Privacy Policy

RCA House Points takes data privacy seriously. This privacy policy explains who we are, how we collect, share and use Personal Information, and how you can exercise your privacy rights.

We recommend that you read this privacy policy in full to ensure you are fully informed. However, to make it easier for you to review the parts of this privacy policy that apply to you, we have divided up the document into sections that are specifically applicable to Members (Section 2), Contacts (Section 3), and Visitors (Section 4). Sections 1 and 5 are applicable to everyone.

If you have any questions or concerns about our use of your Personal Information, then please contact us using the contact details provided at the end of Section 5.

1. The Basics

A. About Us

CA House Points is an online appliaction platform (the "Services") operated by The Ron Clark Academy, a nonprofit organizatioin headquartered in the State of Georgia in the United States ("we," "us," "our," and "RCA House Points").

The Services enable our Members to, among other things, manage, create, and monitor houses (Revuer, Isibindi, Amistad, and Altruismo) within a school (public, private, boarding, or independent)

B. Key Terms

In this privacy policy, these terms have the following meanings:

"Member" means any person or entity that is registered with us to use the Services.

"Personal Information" means any information that identifies or can be used to identify a Member, a Student, a Teacher, a Director, an Officer, or a Visitor, directly or indirectly. Examples of Personal Information include, but are not limited to, first and last name, date of birth, email address, gender, occupation, school behavior, school grades, or other demographic information.

"Website(s)" means any website(s) we own and operate (such as www.rcahousepoints.com) or any web pages, interactive features, applications, widgets, blogs, social networks, social network "tabs," or other online, mobile, or wireless offerings that post a link to this privacy policy.

"Visitor" means any person who visits any of our Websites.

"you" and "your" means, depending on the context, either a Member, a Contact, or a Visitor.

2. Privacy for Members

This section applies to the Personal Information we collect and process from a Member or potential Member through the provision of the Services. In this section, "you" and "your" refer to Members and potential Members.

A. Information We Collect

The Personal Information that we may collect broadly falls into the following categories:

(i) Information you provide to us: In the course of engaging with our Services, you may provide Personal Information about you and the students/faculty located at your institution. Personal Information is often, but not exclusively, provided to us when you sign up for and use the Services, consult with our customer service team, send us an email, or communicate with us in any other way.

We will let you know prior to collection whether the provision of Personal Information we are collecting is compulsory or if it may be provided on a voluntary basis and the consequences, if any, of not providing the information. By giving us this information, you agree to this information being collected, used and disclosed as described in our Terms of Use and in this privacy policy.

This information may include:

  1. Registration information: You need a RCA House Points account to use the Services as a Member. When you register for an account, you will be asked to provide certain basic information, such as your name, email address, username, password, company name, location, and phone number (for example, if you are using two-factor authentication).
  2. Billing and communications information: If you purchase our Services, you may also need to provide us with payment and billing information, such as your credit card details and billing address. RCA House Points will also maintain a record of your billing transactions and purchases, and any communications and responses.
  3. Information we process on your behalf: In order to use certain features in your account, you need to upload a Student List that provides us information about your students, such as their names, grade level, email addresses, etc. We use and process this information to provide the Services in accordance with your instructions.

(ii) Information we collect automatically: When you use the Services, we may automatically collect certain information about your device and usage of the Services. We use cookies and other tracking technologies to collect some of this information. Our use of cookies and other tracking technologies is discussed more below, and in more detail in our Cookie Statement here.

This information may include:

  1. Device information: We collect information about the device and applications you use to access the Services, such as your IP address, your operating system, your browser ID, and other information about your system and connection.
  2. Log data: Our web servers keep log files that record data each time a device accesses those servers and those log files contain data about the nature of each access, including originating IP addresses. We may also access metadata and other information associated with files that you upload into our Services.
  3. Product usage data: We collect usage data about you whenever you interact with our Services, which may include the dates and times you access the Services and your browsing activities (such as what portions of the Services are used). We also collect information regarding the performance of the Services, including metrics related to the deliverability of communications you send through the Services. This information allows us to improve the content and operation of the Services, and facilitate research and analysis of the Services.

(iii) Information we collect from other sources: From time to time, we may obtain information about you or your members from third-party sources, such as public databases, social media platforms, third-party data providers and our joint marketing partners. We take steps to ensure that such third parties are legally or contractually permitted to disclose such information to us.

  1. Examples of the information we receive from other sources include demographic information (such as age and gender), device information (such as IP addresses), location (such as city and state), and online behavioral data (such as information about use of social media websites, page view information and search results and links). We use this information, alone or in combination with other information (including Personal Information) we collect, to enhance our ability to provide relevant marketing and content to you and to develop and provide you with more relevant products, features, and services.

(iv) Information from the use of our mobile apps: When you use our mobile apps, we may collect certain device and usage-related information in addition to information described elsewhere in this privacy policy.

  1. Device information: We may collect information about the type of device and operating system you use. We do not ask for, access, or track any location-based information from your mobile device at any time while downloading or using our mobile apps or Services.
  2. Product usage data: We may use mobile analytics software to better understand how people use our application. We may collect information about how often you use the application and other performance data.

B. Use of Personal Information

We may use the Personal Information we collect through the Services or other sources for a range of reasons, including:

  1. To bill and collect money owed to us by you. This includes sending you emails, invoices, receipts, notices of delinquency, and alerting you if we need a different credit card number. We use third parties for secure credit card transaction processing, and those third parties collect billing information to process your orders and credit card payments. To learn more about the steps we take to safeguard that data, see the "Our Security" section of this privacy policy.
  2. To send you system alert messages. For example, we may inform you about temporary or permanent changes to our Services, such as planned outages, or send you account, security or compliance notifications, such as new features, version updates, releases, abuse warnings, and changes to this privacy policy.
  3. To communicate with you about your account and provide customer support. For example, if you use our mobile apps, we may ask you if you want to receive push notifications about activity in your account. If you have opted in to these push notifications and no longer want to receive them, you may turn them off through your operating system.
  4. To enforce compliance with our Terms of Use and applicable law, and to protect the rights and safety of our Members and third parties, as well as our own. RCA House Points was not built for confidential information. Please do not use RCA House Points to send confidential information.
  5. To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.
  6. To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements.
  7. To prosecute and defend a court, arbitration, or similar legal proceeding.
  8. To respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.
  9. For our data analytics projects. Our data analytics projects use data from RCA House Points accounts, including Personal Information of Contacts, to provide and improve the Services. We use information like your sending habits and your Contacts' details and purchase history, so we can make more informed predictions, decisions, and products for our Members. If you or your Contact prefers not to share this data, you can opt out of data analytics projects at any time by emailing us at houses@ronclarkacademy.com or example, we use data from RCA House Points accounts to enable audience segmentation, and predicted demographics features for our Members. We will act as a data controller to process data for our data analytics projects in reliance on our legitimate business interests of improving and enhancing our products and services for our Members. As always, we take the privacy of Personal Information seriously, and will continue to implement appropriate safeguards to protect this Personal Information from misuse or unauthorized disclosure.
  10. Combined information. We may combine Personal Information with other information we collect or obtain about you (such as information we source from our third-party partners) to serve you specifically, such as to deliver a product or service according to your preferences or restrictions, or for advertising or targeting purposes in accordance with this privacy policy. When we combine Personal Information with other information in this way, we treat it as, and apply all of the safeguards in this privacy policy applicable to, Personal Information.
  11. Other purposes. To carry out other legitimate business purposes, as well as other lawful purposes about which we will notify you.

C. Cookies and Tracking Technologies

We and our partners may use various technologies to collect and store information when you use our Services, and this may include using cookies and similar tracking technologies. We use this information to measure the performance of your accounts, and to provide analytics information and enhance the effectiveness of our Services. Reports are also available to us when we send email to you, so we may collect and review that information.

Our use of cookies and other tracking technologies is discussed in more detail in our Cookie Statement here.

D. Member Distribution List

A Student List can be created in a number of ways, including by importing Contacts, such as through a CSV. Your Student Lists are stored on a secure server. We do not, under any circumstances, sell your Student Lists. If someone on your Distribution List complains or contacts us, we might then contact that person. You may export (download) your Student Lists from RCA House Points system at any time.

If we detect abusive or illegal behavior related to your Student List, we may share your Student List or portions of it with affected ISPs or anti-spam organizations to the extent permitted or required by applicable law.

E. Other Data Protection Rights

You and your Contacts may have the following data protection rights:

  1. To access, correct, update or request deletion of Personal Information. RCA House Points takes reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete and up to date. As a Member, you can manage many of your individual account and profile settings within the dashboard provided through the RCA House Points platform, or you may contact us directly by emailing us at houses@ronclarkacademy.com. You can also manage information about your Contacts within the dashboard provided through the RCA House Points platform to assist you with responding to requests to access, correct, update or delete information that you receive from your students or employees.
  2. In addition, individuals who are residents of the EEA can object to processing of their Personal Information, ask to restrict processing of their Personal Information or request portability of their Personal Information. You can exercise these rights by contacting us using the contact details provided in the "Questions and Concerns" section below. If any of your Contacts wishes to exercise any of these rights, they should contact you directly, or contact us as described in the "Privacy for Contacts" section below.
  3. Similarly, if Personal Information is collected or processed on the basis of consent, the data subject can withdraw their consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
  4. The right to complain to a data protection authority about the collection and use of Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available here.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection law. We may ask you to verify your identity in order to help us respond efficiently to your request. If we receive a request from one of your Contacts, we will either direct the Contact to reach out to you, or, if appropriate, we may respond directly to their request.

3. Privacy for Contacts

This section applies to the information we process about our Members' Contacts as a data controller pursuant to our legitimate business interests, as explained in the "Legal Basis for Processing" section below. Our Services are intended for use by our Members. As a result, for much of the Personal Information we collect and process about Contacts through the Services, we act as a processor on behalf of our Members. RCA House Points is not responsible for the privacy or security practices of our Members, which may differ from those set forth in this privacy policy. Please check with individual Members about the policies they have in place. For purposes of this section, "you" and "your" refer to members.

A. Information We Collect

The Personal Information that we may collect or receive about you broadly falls into the following categories:

(i) Information we collect automatically: When you interact with student points that you receive from a Member, we may collect information about your device and interaction with an account. We use cookies and other tracking technologies to collect some of this information. Our use of cookies and other tracking technologies is discussed more below, and in more detail in our Cookie Statement here.

  1. Device information: We collect information about the device and applications you use to access emails sent through our Services, such as your IP address, your operating system, your browser ID, and other information about your system and connection.
  2. Product usage data: We collect information regarding the performance of the Services, including metrics related to the deliverability of points and other electronic communications our Members send through the Services. This information allows us to improve the content and operation of the Services, and facilitate research and analysis of the Services.

(ii) Information we collect from other sources: From time to time, we may obtain information about you from third-party sources, such as social media platforms and third-party data providers. We take steps to ensure that such third parties are legally or contractually permitted to disclose such information to us, and we use this information to provide publicly available social media information about you to Members who have enabled the "Social Profiles" feature in their RCA House Points accounts.

B. Use of Personal Information

We may use the Personal Information we collect or receive about you for our legitimate business interests, including:

  1. To enforce compliance with our Terms of Use and applicable law. This may include developing tools and algorithms that help us prevent violations.
  2. To protect the rights and safety of our Members and third parties, as well as our own. For example, sometimes we review the content of our Members' email campaigns to make sure they comply with our Terms of Use. To improve that process, we have software that helps us find email campaigns that may violate our Terms of Use. Our employees or independent contractors may review those particular accounts, which may include your contact information. This reduces the amount of spam being sent through our servers and helps us maintain high deliverability.
  3. To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.
  4. To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements.
  5. To prosecute and defend a court, arbitration, or similar legal proceeding.
  6. To respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.
  7. To provide, support and improve the Services. For example, this may include sharing your information with third parties in order to provide and support our Services or to make certain features of the Services available to our Members. When we share Personal Information with third parties, we take steps to protect your information by requiring these third parties to enter into a contract with us that requires them to use the Personal Information we transfer to them in a manner that is consistent with this privacy policy and applicable privacy laws.
  8. For our data analytics projects. Our data analytics projects use data from RCA House Points accounts, including your Personal Information, to provide and improve the Services. We use information, like your purchase history, provided to us by Members, so we can make more informed predictions, decisions, and products for our Members. For example, we use data from RCA House Points accounts to enable product recommendation, audience segmentation, and predicted demographics features for our Members. If you prefer not to share this data, you can opt out of data analytics projects at any time by emailing us at houses@ronclarkacademy.com.
  9. Other purposes. To carry out other legitimate business purposes, as well as other lawful purposes.

C. Cookies and Tracking Technologies

We and our partners may use various technologies to collect and store information when you interact with an account, and this may include using cookies and similar tracking technologies, such as pixels and web beacons. They allow us to collect information such as your IP address, browser, email client type, and other similar details. We use this information to measure the performance of our Members' accounts, and to provide analytics information and enhance the effectiveness of our Services.

Our use of cookies and other tracking technologies is discussed in more detail in our Cookie Statement here.

D. Legal Basis for Processing

We process Personal Information about you as a data controller as described in this section, where such processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. Our legitimate interests typically include: improving, maintaining, providing, and enhancing our technology, products and services; and ensuring the security of the Services and our Website.

E. Other Data Protection Rights

You may have the following data protection rights:

  1. To access, correct, update or request deletion of your Personal Information. RCA House Points takes reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete, and up to date. You may contact us directly at any time about accessing, correcting, updating or deleting your Personal Information, or altering your data, by submitting a request to requests@ronclarkacademy.com. We will consider your request in accordance with applicable laws.
  2. In addition, if you are a resident of the EEA, you can object to processing of your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information. Again, you can exercise these rights by emailing us at requests@ronclarkacademy.com.
  3. You have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available here.

As described above, for much of the Personal Information we collect and process about Contacts through the Services, we act as a processor on behalf of our Members. In such cases, if you are a Contact and want to exercise any data protection rights that may be available to you under applicable law or have questions or concerns about how your Personal Information is handled by RCA House Points as a processor on behalf of our individual Members, you should contact the relevant Member that is using the RCA House Points Services, and refer to their separate privacy policies.

If you no longer want to be contacted by one of our Members through our Services, please unsubscribe directly from that Member's newsletter or contact the Member directly to update or delete your data. If you contact us directly, we may remove or update your information within a reasonable time and after providing notice to the Member of your request.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. We may ask you to verify your identity in order to help us respond efficiently to your request.

5. General Information

A. How We Share Information

We may share and disclose your Personal Information to the following types of third parties for the purposes described in this privacy policy (for purposes of this section, "you" and "your" refer to Members, Contacts, and Visitors unless otherwise indicated):

(i) Our service providers: Sometimes, we share your information with our third-party service providers, who help us provide and support our Services and other business-related functions.

For example, if it is necessary to provide Members something they have requested (like enable a feature such as Social Profiles), then we may share Members' or Contacts' Personal Information with a service provider for that purpose. Other examples include analyzing data, hosting data, engaging technical support for our Services, processing payments, and delivering content.

These third-party service providers enter into a contract that requires them to use your Personal Information only for the provision of services to us and in a manner that is consistent with this privacy policy.

(ii) Any competent law enforcement body, regulatory body, government agency, court or other third party where we believe disclosure is necessary (a) as a matter of applicable law or regulation, (b) to exercise, establish, or defend our legal rights, or (c) to protect your vital interests or those of any other person.

(iii) A potential buyer (and its agents and advisors) in the case of a sale, merger, consolidation, liquidation, reorganization, or acquisition. In that event, any acquirer will be subject to our obligations under this privacy policy, including your rights to access and choice. We will notify you of the change either by sending you an email or posting a notice on our Website.

(v) Any other person with your consent.

If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us using the contact details provided in the "Questions and Concerns" section below.

C. Your Choices and Opt-Outs

Members and Visitors who have opted in to our marketing emails can opt out of receiving marketing emails from us at any time by clicking the "unsubscribe" link at the bottom of our marketing messages.

Also, all opt-out requests can be made by emailing us using the contact details provided in the "Questions and Concerns" section below. Please note that some communications (such as service messages, account notifications, billing information) are considered transactional and necessary for account management, and Members cannot opt out of these messages unless you cancel your RCA House Points account.

D. Our Security

We take appropriate and reasonable technical and organizational measures to protect Personal Information from loss, misuse, unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the Personal Information. If you have any questions about the security of your Personal Information, you may contact us at houses@ronclarkacademy.com.

RCA House Points accounts require a username and password to log in. Members must keep their username and password secure, and never disclose it to a third party. Because the information in a Member's RCA House Points account is so sensitive, account passwords are hashed, which means we cannot see a Member's password. We cannot resend forgotten passwords either. We will only provide Members with instructions on how to reset them.

E. International Transfers

We operate in the United States

Our servers and offices are located in the United States, so your information may be transferred to, stored, or processed in the United States. While the data protection, privacy, and other laws of the United States might not be as comprehensive as those in your country, we take many steps to protect your privacy, including offering our Members a Data Processing Agreement.

F. Retention of Data

We retain Personal Information where we have an ongoing legitimate business or legal need to do so. Our retention periods will vary depending on the type of data involved, but, generally, we'll refer to these criteria in order to determine retention period:

  1. Whether we have a legal or contractual need to retain the data.
  2. Whether the data is necessary to provide our Services.
  3. Whether our Members have the ability to access and delete the data within their RCA House Points accounts.
  4. Whether our Members would reasonably expect that we would retain the data until they remove it or until their RCA House Points accounts are closed or terminated.

When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

G. California Privacy

Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of Personal Information, such as name, email, and mailing address, and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third-parties' direct marketing purposes, and (b) the names and addresses of all such third parties. To request the above information, please contact us through email at houses@ronclarkacademy.com.

H. Changes to this Policy

We may change this privacy policy at any time and from time to time. The most recent version of the privacy policy is reflected by the version date located at the top of this privacy policy. All updates and amendments are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of this privacy policy or other notice on the Websites. We encourage you to review this privacy policy often to stay informed of changes that may affect you. Our electronically or otherwise properly stored copies of this privacy policy are each deemed to be the true, complete, valid, authentic, and enforceable copy of the version of this privacy policy that was in effect on each respective date you visited the Website.

I. Questions & Concerns

If you have any questions or comments, or if you have a concern about the way in which we have handled any privacy matter, please use our contact form to send us a message. You may also contact us by postal mail or email at:

For Non-EEA Residents:

The Ron Clark Academy d/b/a RCA House Points Attn. Privacy Officer requests@ronclarkacademy.com 228 Margaret ST SE Atlanta, GA 30315 USA

Cookie Statement

RCA House Points is owned and operated by The Ron Clark Academy ("RCA House Point System," "Ron Clark Academy House Point System," "Ron Clark Academy House Points," "Ron Clark Academy," "we," or "us"). This Cookie Statement explains how we use cookies and similar technologies in the course of our business, including through our websites that link to this Cookie Statement, such as www.rcahousepoints.comor any website or mobile application owned, operated or controlled by us (collectively, "Websites" or "websites"), and when our users' subscribers visit websites or e-commerce stores operated by our users or open or interact with emails delivered through our Services. It explains what these technologies are and why we use them, as well as your rights to control our use of them. This Cookie Statement is and will be treated as part of our Terms of Use, and is automatically incorporated therein. Capitalized terms used and not otherwise defined in this Cookie Statement have the meanings given to those terms in our Privacy Policy.

In some cases we may use cookies and other tracking technologies described in this Cookie Statement to collect Personal Information, or to collect information that becomes Personal Information if we combine it with other information. For more information about how we process your Personal Information, please consult our Privacy Policy.

What are cookies?

Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by online service providers in order to (for example) make their websites or services work, or to work more efficiently, as well as to provide reporting information.

Cookies set by the website owner or service provider (in this case, RCA House Points) are called "first party cookies". Cookies set by parties other than the website owner are called "third party cookies". Third party cookies enable third party features or functionality to be provided on or through the website or service you are using (such as advertising, interactive content and analytics). The third parties that set these third party cookies can recognize your computer both when it visits the website or service in question and also when it visits certain other websites or services.

Why do we use cookies and other tracking technologies?

We use first party and third party cookies for several reasons. Some cookies are required for technical reasons in order for our Websites and Services to operate, and we refer to these as "essential" or "strictly necessary" cookies. Other cookies enable us and the third parties we work with to track and target the interests of visitors to our Websites, and we refer to these as "performance" or "functionality" cookies. For example, we use cookies to tailor content and information that we may send or display to you and otherwise personalize your experience while interacting with our Websites and to otherwise improve the functionality of the Services we provide. We also enable our users to employ cookies and similar tracking technologies in connection with their use of our Services in order to allow us and our users to track their subscribers. Finally, third parties serve cookies through our Websites and Services for advertising, analytics, and other purposes. This is described in more detail below.

Cookies served through our Websites

The specific types of first and third-party cookies served through our Websites and the purposes they perform are described in further detail below:

Essential Website Cookies

These cookies are strictly necessary to provide you with services available through our websites and to use some of its features, such as access to secure areas. Because these cookies are strictly necessary to deliver the websites, you cannot refuse them without impacting how our websites function. You can block or delete them by changing your browser settings, as described under the heading "How can I control cookies?" in the Cookie Statement.

Analytics and Customization Cookies

These cookies collect information that is used either in aggregate form ( total number users, total number of houses, total number of points, etc.) to help us understand how our website is being used, how many users are within our system, the number of schools competing for the national house champion, or to help us customize our websites and application for you in order to enhance your experience.