Services Description

This Exhibit A to the KidsChaupal Terms of Service (“TOS”) describes the Services that may be ordered on an Order Form, or provided by KidsChaupal, and sets forth further Service-specific terms and conditions that may apply to KidsChaupal’s provision and Customer’s use of the Services. Capitalized terms not defined herein shall have the meanings assigned to them in the TOS.

• 1. Definitions.

  For purposes of this Service Description, the following definitions will apply: “Host” means an individual who is an identified employee, contractor, or agent of Customer to whom Customer assigns the right to host Meetings. A Host may hold an unlimited number of Meetings, but only one Meeting at a time. A Host subscription may not be shared or used by anyone other than the individual assigned to be a Host.
  
  “Meeting” means a KidsChaupal Video meeting and ClassDeck meeting.
  
  “Participant” means an individual, other than the Host, who accesses or uses the Services, with or without the permission and knowledge of the Host.
  
  “KidsChaupal Documentation” means this Exhibit, the KidsChaupal website and ClassDeck (www.kidschaupal.com and live.kidschaupal.com) and any additional description of the Services which may be incorporated into this Agreement.
  
  “KidsChaupal Meeting Services” means the various video conferencing, web conferencing, webinar, meeting room, screen sharing and other collaborative services offered by KidsChaupal Video that offer customers and students.

• 2. KidsChaupal Meeting Services.

  Kidschaupal takes threats of self-harm very seriously. We remove any promotion or encouragement of self-mutilation, eating disorders or hard drug abuse. We also work with suicide prevention agencies around the world to provide assistance for people in distress.

• 3. KidsChaupal for Education (K-12).

  KidsChaupal for Education (K-12) allows schools and educators to use KidsChaupal Meeting Services for educational purposes. KidsChaupal maintains policies and procedures designed to comply with applicable requirements of student privacy laws including, without limitation, GDPR and the Family Educational Rights and Privacy Act (FERPA) and applicable state laws (the “Privacy Laws”). The Privacy Laws may provide students or their parents with certain rights in their personal information. If you are a parent or student and you have questions about the Privacy Laws or your related rights, please contact your school administration. KidsChaupal will not use any student data for marketing or advertising purposes, or any other commercial purpose, except to provide Services to our School Subscribers. If you are a “School Subscriber” — typically meaning a school or school district administrator or a teacher — you represent and warrant that you have been duly authorized by your school or school district to create an account, use the Services, and to agree to these contract terms. You further agree to use your account solely for educational purposes and solely for the benefit of your school or school district and its students. If you are a School Subscriber subject to INDIA or similar law, you consent, for yourself and your school or school district, to KidsChaupal’s collection, use and sharing of personal information of end Users including those who are children under the age of 13 in accordance with KidsChaupal’s K-12 Schools Privacy Policy and You instruct KidsChaupal to process the personal data of End Users in accordance with such policy. If you are a School Subscriber subject to GDPR or similar law, you determine the legal basis, means and purposes for processing the data, and instruct KidsChaupal to process personal information of End Users, including those who are children under the age 16, in accordance with KidsChaupal policy.
  “KidsChaupal for Coaching Institution /Primary and Secondary Schools Privacy Statement“ Live.KidsChaupal.com and its subsidiaries, affiliates and parent companies (collectively “KidsChaupal InfoTech Pvt. Ltd.“, “we,” “us,” or “our”) are committed to continually improving how we communicate our privacy practices. This “K-12/Primary and Secondary Schools, coaching centres, Privacy Statement” (or “K-12 Privacy Statement”) explains how we handle personal information of Student Users (as defined below) of K-12 Accounts (as defined below) who are under the age of 18 years. It also reflects KidsChaupal’s compliance with the applicable requirements of the Children’s Online Privacy Protection Act (“COPPA”), the Indian Consumer Privacy Act, the Family Educational Rights and Privacy Act (“FERPA”), the Indian Online Personal Information Protection Act , the General Data Protection Regulation (“GDPR”), and other applicable laws under the Indian Govt. For purposes of this K-12 Privacy Statement, personal information (or “personal data”) means information that relates to an identified or identifiable individual. Certain K-12 Accounts may be created under contracts between KidsChaupal and the School Subscriber that include a data processing addendum or other specific provisions governing Student User personal information. To the extent there is any conflict between such contracts and the terms of this K-12 Privacy Statement, the terms of our contracts with School Subscribers will control. Definitions School Subscriber means a primary school, secondary school, school district or school system that is responsible for controlling all K-12 Accounts under the domain applicable to such school, district or system.
  K-12 Account Administrator means technical or administrative personnel designated by the School Subscriber with the right to use K-12 Accounts provided to the School Subscriber by KidsChaupal for the purpose of administering the Service and responding to Student User personal information access requests from parents or legal guardians of Student Users.
  K-12 Account User means teachers, principals, and other educators and school personnel authorized by a School Subscriber to use its K-12 Account for educational purposes, including facilitating meetings with Student Users.
  Student User means a student that the School Subscriber permits to use the Services under the supervision of K-12 Account Users. School and Coaching Institution (K-12) Accounts School Subscribers can use KidsChaupal’s video communications platform by establishing K-12 Accounts for their K-12 Account Users. K-12 Account Users can create K-12 Accounts as authorized representatives of a School Subscriber but should only use KidsChaupal’s Services with the permission of their school, school district or school system (the School Subscriber).
  
  KidsChaupal encourages K-12 Account Users to securely and confidentially provide meeting information and meeting passwords to Student Users to ensure that the School Subscriber can supervise and control its Student Users’ meeting experiences, information on best practices to secure meetings. Student Users Student Users are not permitted to create student Accounts but may use the Services when invited to join a meeting hosted by a student Account User. Although KidsChaupal prohibits children and teens under the age of 16 from creating a KidsChaupal account (and employs an online age screen to support this restriction), Student Users, even if under the age of 13, may join a meeting hosted by a student Account User. School Subscribers are responsible for obtaining any parental consent necessary for use of the Services under their student Accounts by Student Users, including children under the age 13.
  Parties’ Roles School Subscriber The School Subscriber is the student Account Owner. For purposes of FERPA, each K-12 Account User is a “school official” of the School Subscriber. The School Subscriber is the decision-maker that determines how personal information is processed in connection with KidsChaupal’s provisions of Services under a student Account. The School Subscriber decides if and why to host a KidsChaupal meeting, and what features to use. For example, depending on how the School Subscriber has configured its student Account, a student Account User may record a meeting. Therefore, the School Subscriber is responsible for obtaining any necessary consent from meeting participants. (KidsChaupal features provide visual and audio cues designed to help the host alert meeting participants of a recording.) A student Account User may choose to store a recording of a meeting on the student Account User’s local storage device, or in KidsChaupal’s cloud.
  
  When a Student User uses KidsChaupal’s Services through a School Subscriber, the processing of Student User personal information by the applicable School Subscriber is determined and administered by the School Subscriber under its privacy policies. If a parent or legal guardian of a Student User has questions about how and why Student User personal information is collected, the legal basis for processing, or access requests, the parent or legal guardian should refer to the School Subscriber’s privacy policies and direct all inquiries to the student Account Administrator or student Account User.
  
  Information We Collect
  
  From the Students Account User
  
  When creating a Students Account under the direction of a School Subscriber, the K-12 Account User must provide certain information, such as:
  
  Students Account User’s first and last name;
  school or district name;
  job title;
  password;
  school issued-email address; and
  Information about the school’s location.
  From Student Users Depending on how the School Subscriber configures its K-12 Account, KidsChaupal may receive personal information contained in “Customer Content.” Customer Content is any data a K-12 Account User uploads to the KidsChaupal communication platform connected with use of the Service.
  
  For example, School Subscribers may enable features that allow meeting hosts or co-hosts to record meetings locally or to KidsChaupal’s cloud, allow K-12 Account Users to display or upload information that may be seen by other users of that K-12 Account, allow meeting participants to share files, allow hosts or co-hosts to create meeting transcripts, or allow meeting participants (including Student Users) to communicate in-meeting via chat and create chat logs.
  
  Such Customer Content may include personal information that is part of an “educational record” as defined by FERPA.
  
  KidsChaupal accesses Customer Content only upon the documented request of a School Subscriber, or if required by law.
  
  Automatically KidsChaupal collects certain personal information automatically through the use of a K-12 Account including:
  
  Information about the use of the KidsChaupal platform, including type and frequency of actions taken, number of logs in or meeting entries, date and time, duration, quantity, quality, network connectivity, other platform performance metrics, and feature usage information, including use of video and screen sharing; and
  Information about a user’s device, network, and internet connection, such as IP address(es), MAC address, other device ID, device type, operating system type and version, type of camera, microphone and speaker, and client version.
  Use of Personal Information KidsChaupal uses personal information collected from and about Student Users only as needed to deliver the functionality of the KidsChaupal platform, operate the business (including to enhance or improve the KidsChaupal Services), and as directed by School Subscribers. For Student Users, this means that:
  
  KidsChaupal never sells Student User personal information
  KidsChaupal does not use Student User personal information to deliver behavioural advertising.
  There are no third-party advertising or analytics cookies on KidsChaupal’s product pages.
  Regarding cookies, KidsChaupal publishes two types of web pages: product and marketing. A product web page enables a Student User to click on a hyperlink and join a KidsChaupal ClassDeck. KidsChaupal’s product web pages serve only third-party cookies that are necessary for technical support and to deliver the service. There are no advertising or analytics cookies on our product web pages.
  
  Marketing web pages, such as www.kidschaupal.com are designed to encourage sales of KidsChaupal subscriptions. They are directed at a general audience over the age of 16. We designed the Student User experience so that a Student User never needs to visit our marketing web pages to use our Services under a student Account. KidsChaupal provides further information on its use of third-party cookies on its marketing web pages in its cookie policy. Sharing Personal Information We do not share personal information with companies, organizations, or individuals outside of KidsChaupal unless one of the following circumstances applies: With Student and parents Consent We will share personal information with companies, organizations, or individuals outside of KidsChaupal when we have student Account User consent (as applicable) and in compliance with applicable laws.
  
  With consent and Directed by School Subscribers
  
  School Subscribers have access to personal information (including Student User information) connected with their student Account(s). School Subscribers may also direct us to share personal information with others.
  
  To Provide Our Services.
  
  School Subscribers have access to personal information (including Student User information) connected with their student Account(s). School Subscribers may also direct us to share personal information with others.
  
  To Provide Our Services.
  
  We provide personal information to third-party service providers to help us provide the Service. Such service providers are prohibited from using personal information for any reason other than to provide the contracted-for services, and in compliance with appropriate privacy and security obligations. With other meeting participants We may share personal information collected during a KidsChaupal meeting with other participants of the same meeting during the use of the Service. For example, video and audio recordings, chat messages and other content shared by a Student User during a meeting, which may contain personal information of Student Users, may be available to all other participants in that meeting, as well as to any student Account Users who host or co-host that meeting and the student Account Administrator.
  
  For Certain Corporate Transactions We may share personal information where, whether for strategic or other business reasons, KidsChaupal decides to sell, buy, merge, or otherwise reorganize its businesses. In such transactions, we may disclose or transfer personal information to actual purchasers or receive personal information from sellers. Student User personal information will remain subject to this student Privacy Statement unless it is changed by a successor entity. For Legal Reasons We share personal information outside of KidsChaupal if we believe that access, use, preservation or disclosure of the information is reasonably necessary to:
  
  Comply with any applicable law, regulation, legal process or enforceable governmental request.
  Detect, prevent, or otherwise address fraud, security or technical issues.
  Protect against harm to the rights, property or safety of KidsChaupal.
  For more information about data we disclose in response to requests from law enforcement and other government agencies. Third Parties KidsChaupal does not share personal information with third parties other than as described herein, or as required by law, except at the direction and on behalf of a School Subscriber. Security Maintaining the confidentiality, security, and integrity of students’ personal information is a top priority. We use appropriate technical and organizational measures designed to help protect personal information from unauthorized access, use, or disclosure. Customer Content is encrypted in transit between any devices running a KidsChaupal client and at rest when in permanent storage in the KidsChaupal Cloud. We also have taken steps to minimize the risk that meetings that include Student Users are disrupted by uninvited participants. Data Retention KidsChaupal retains student Account Users’ and Student Users’ personal information for as long as necessary to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes. Access and deletion of information If a Student User or his or her parent would like to request to access, review, refuse further collection of or delete a Student User’s personal information, they must contact their school and coaching institution subscriber with his or her request. As KidsChaupal is required to comply with contractual confidentiality obligations related to Student Users’ data, we are not able to respond to parental or student requests directly. Requests to access delete or restrict further collection or use of a Student User’s personal information. KidsChaupal also deletes information associated with student Accounts upon receiving a valid deletion request from a School Subscriber or automatically following the termination of the student Account. Notice of Changes to this Statement If we make any material changes to this student Privacy Statement, we will post the revised statement with the date of revision on this page and provide notice of this change on our website. We will duly inform student Account Users of any material changes via our platform. We will provide our School and coaching institution Subscribers the opportunity to express consent for processing personal information for different and new purposes, or we will, in any case, provide the legal basis of such processing other than consent. Contact Us: Head Office-KidsChaupal Infotech Pvt.Ltd.
  Villa no. 276
  276, Heritage Country Thindlu,
  Sarjapur Road, Bengaluru, Karnataka-562125
  Corp.Office- Block A-1,WorkHubz, Kamal Cinema Complex, Safdarjung Enclave, New Delhi- 110029
  
  Phone Number- 011-43618778
  
  Info@kidschaupal.com
  
  Legal@kidschaupal.com
  
  Last Updated- JULY, 2020