Stevens and Noodle reserve the right to change, modify or eliminate the information, regulations, requirements, procedures and policies relating to the Program or the Program Technology including but not limited to: requirements for admission; requirements for graduation or degrees; academic programs or courses; scheduling; credit or content of courses; the faculty assigned to courses; the manner of teaching courses; fees; and calendars.
YOUR PROGRAM SERVICES ACCOUNT
When you use the Program Technology, you may have the opportunity to create an account. To create an account, you may be required to select a username, password, and provide an email address as well as certain other information that we may request. You may not use some features of the Program Technology without an account.
All registration information you submit in connection with your use of the Program Technology must be truthful, complete, accurate and up-to-date, including but not limited to the information that you submit with your application to the Program. Your account is for your personal, educational, and non-commercial use only. You agree to immediately notify Noodle at email@example.com of any unauthorized use of your account. Please include “Unauthorized Access” in the subject line of any such email.
Should you start an application for the Program, the application information may be collected by Noodle on the University’s behalf or directly by the University. The Privacy section below applies to the collection of application data. Stevens will share some or all the application data with Noodle. If the application information is collected by Noodle, then we will share the application data with Stevens.
USING THE PROGRAMS SERVICE
- You agree not to use the Program Technology, intentionally or unintentionally, to violate any applicable local, state, federal or international law or regulation.
- You agree not to use the Program Technology to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including materials that are deemed threatening or obscene; or gain unauthorized access to other computer systems, materials, or information made available or through the Program Technology.
- You agree not to publish, upload, display, transmit or otherwise make publicly available on the Program Technology any protected health information or personally identifiable information of a third party(s) without their authorization, including but not limited to, addresses, phone numbers, email addresses, social security numbers, or credit card numbers.
- You acknowledge and agree that Noodle and the University may communicate with you and send you administrative messages and service announcements. You are advised to not to opt-out of receiving communications while enrolled in the Program.
PROPRIETARY PROGRAM CONTENT
The Program Technology contains information, text, files, images, photos, videos, sounds, musical works, works of authorship, applications, associated trademarks, service marks, and trade dress and other such materials and content (“Content”) of Noodle, the University or their respective licensors (“Program Content”). Program Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and Noodle and the University, Noodle and/or the University owns and retains all rights in the Program Content and Program Technology, subject to your underlying ownership in any User Content (defined below) that you post on the Program Technology.
Noodle hereby grants you a limited, revocable, non-transferable, non-sublicensable license to access and display Program Content solely for your personal, educational, and non-commercial use in connection with the Program Technology.
Certain features of the Program Technology permit users to submit, publish, upload, transmit, or otherwise make available on the Program Technology (hereinafter “Post”) content, including, but not limited to text, photographs, videos, articles, music, creative works, ideas, or other materials (the “User Content”). Subject to the license you grant to Noodle and the University herein, you retain any ownership that you have of User Content that you Post on the Program Technology.
By Posting User Content on the Program Technology, you hereby agree to the following without Noodle or the University owing any further obligation to you, financial or otherwise:
- Warranties. You represent and warrant that you solely own, or otherwise have the full right and permission to exploit all of the rights to the User Content and to grant the rights and licenses set forth herein.
- Content License. You hereby grant Noodle and the University and their affiliates, subcontractors, licensees, successors and assigns a non-exclusive, irrevocable, perpetual, worldwide, paid-up, royalty-free, and transferable right and license to use, adapt, archive, copy, delete, disclose, display, distribute, enhance, import, modify, Post, publish, reproduce, reformat, sell, store, translate, transmit, sublicense and create derivative works of any User Content that you Post on the Program Technology in any form, medium, software or technology of any kind, now existing, or developed in the future.
- Attribution. You grant Noodle and the University the right to associate your name, image, voice, photograph, likeness in connection with User Content that you Post on the Program Technology.
- Social Media Content. The Program Technology may give you the opportunity to submit User Content through Facebook, Twitter, Tumblr and similar sites, which we refer to as “Social Media Content.” You agree that such Social Media Content is provided subject to all of the same terms, licensees and conditions as other User Content Posted on the Program Technology.
- Prohibited Content. You are responsible for complying with all laws applicable to User Content that you Post on the Program Technology. You may not Post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
- Prohibited Content. You must not Post any content that violates any applicable local, state, or federal laws. You are also subject to Stevens Code of Academic Integrity and Stevens Student Handbook.
Noodle and the University reserve the right to edit, modify, reject, refuse to Post or remove any User Content (including private messages) you or third-parties have Posted.
Certain trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Program Technology are trademarks of Noodle, the University, and their licensors. Nothing contained in the Program Technology should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Program Technology without the written permission of Noodle, the University, or such third party that may own other trademarks displayed in connection with the Program Technology. Your misuse of the Trademarks or any other content displayed on the Program Technology is strictly prohibited. You are also advised that Noodle and the University will enforce its intellectual property rights to the fullest extent of the law.
If you believe that Content on the Program Technology infringes your intellectual property rights, please send a notice of claimed infringement to firstname.lastname@example.org with all of the following information:
- identification of the rights you believe to have been infringed, such as a copy or description of a copyrighted work or the specific word, symbol or logo in which you have trademark rights, along with how you came to hold those rights;
- identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material, such as the precise URL (web address) on which it appeared, along with any copies you have of that web page;
- adequate information by which we can contact you (including your name, postal address, telephone number and email address);
- a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the intellectual property owner, its agent or the law;
- a statement by you that the information in the written notice is accurate;
- a statement by you, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the intellectual property owner; and
- your physical or electronic signature.
- Noodle’s designated copyright agent for notification of claimed copyright infringement can be reached at 860 Broadway, 6th Floor, NY, NY 10003, or at email@example.com.
ACCURACY OF CONTENT
You acknowledge that Noodle and the University make their best efforts, but do not guarantee the accuracy, integrity or quality of the Content that appears on or through the Program Technology, including without limitation, any other users, students, faculty, or staff. You further acknowledge that Noodle and the University do not control the information submitted by any other users and that any opinions, advice, services, offers, other information or User Content that are disseminated through the Program Technology are of their respective authors, and are neither Noodle’s or the University’s. Noodle and the University reserve the right, but are not obligated to, monitor or verify any third-party content. Noodle and the University recommend that you independently verify all information prior to making any educational or educational financing decisions.
THIRD PARTY LINKS
The Program Technology may contain hyperlinks to other websites and webpages (“Third-Party Pages”) as well as to text, graphics, videos, images, music, sounds, information, and software applications belonging to or originating from other third-parties (collectively, “Third-Party Applications”). Noodle and the University do not control, review, or monitor Third-Party Pages or Third-Party Applications. If you choose to leave the Program Technology to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
DISCLAIMERS AND WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PROGRAM TECHNOLOGY IS AT YOUR SOLE RISK AND THAT THE FUNCTIONS OF THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE."
Noodle and the University, and their subsidiaries, agents, affiliates, subcontractors, licensees, successors and assigns do not represent or warrant:
- your use of the website will meet your requirements;
- your use of the website will be uninterrupted, available at any time, timely, secure or free from error;
- the accuracy or completeness of the information, text, graphics, links, or other items contained in the Program Technology;
- defects in the operation or functionality of any software provided to you as part of the website will be corrected; or
- that the website is free of viruses or other potentially harmful components.
Any material downloaded or otherwise obtained by you through the use of the Program Technology is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or other device, or loss of data that results from the download of any such material.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NOODLE AND THE UNIVERSITY FURTHER DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOODLE AND THE UNIVERSITY ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE PROGRAM TECHNOLOGY OR ANY OTHER THIRD PARTY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM NOODLE, THE UNIVERSITY, OR THE PROGRAM TECHNOLOGY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
LIMITATION OF LIABILITY
WITHOUT LIMITING THE FOREGOING, NOODLE, THE UNIVERSITY, AND THEIR SUBSIDIARIES, AGENTS, AFFILIATES, SUBCONTRACTORS, LICENSEES, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE, OWNERS, OFFICERS, DIRECTORS. EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE TO YOU FOR:
A. ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
B. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
- ANY CHANGES WHICH NOODLE MAY MAKE TO THE WEBSITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE (OR ANY FEATURES WITHIN THE WEBSITE);
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE WEBSITE;
- YOUR FAILURE TO PROVIDE NOODLE OR THE UNIVERSITY WITH ACCURATE PERSONAL INFORMATION;
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; OR
- THIRD PARTY CONTENT, INCLUDING ANY ERRORS OR OMISSIONS IN ANY CONTENT.
The limitations on Noodle's and the University’s liability shall apply whether or not Noodle or the University has been advised of or should have been aware of the possibility of any such losses arising.
Noodle manages online academic programs for our partner colleges and universities. This section explains how we collect information from and about you when you use our websites and applications (including the websites and applications associated with academic programs we manage for colleges and universities) and their features and services, whether appearing on a website, a mobile application, or any other device or technology and how we may disclose and use that information.
This section applies to Noodle’s collection and use of personally identifiable information, which is information that can be used to identify or contact a specific person, such as a full name or email address, as well as our practices for handling non-personally identifiable information, such as user preferences and services usage information.
Collection of Information
We collect information to provide services to all of our users and to improve our services. We limit the collection of information to only that which is absolutely necessary to carry out our legal or business obligations. We store the information we collect with unique identifiers tied to the browser, application, or device you’re using.
We may collect the following information from and about you:
- First Name and Last Name
- Email Address
- Phone Number
- Zip Code
- Program of Interest
- Level of Education Attained
- Whether or not you’ve taken an Admissions Exam
- Years of work experience
Information from Social Media and Other Sites
You may have the option to access Program Technology through a social media service (e.g., Facebook) or another third-party site. If you access Program Technology in this way, we may collect information about you from that service or site, which may include the username associated with that service or site, your name, profile picture, email address, gender, birthday or friends lists, your likes, preferences, searches, comments and posts, and any other information or content of yours collected by that service or site. All information from and about you that is collected from social media services and third-party sites in this manner may be used and disclosed by Noodle in accordance with this section.
Should you start an application for the Program, the application information may be collected by Noodle or the University. If collected directly by Stevens, Stevens will share some or all of the application data with Noodle. If the application information is collected by Noodle, then we will share the application data with Stevens.
When you access and interact with Program Technology, we may collect certain information about those visits, such as your searches and preferences as well as technical information about your computer and its operating system, your internet browser, your internet protocol address, your navigation path (including your navigation on Program Technology and the domain names of the sites from and to which you link), and other information about your software and hardware. If you access Program Technology from a mobile or other device, we may collect certain information including the unique device identifier assigned to that device, geolocation data, your wireless service provider, operating system, browser type and other transactional information for that device.
Cookies and California Do Not Track Disclosures
If you would like to delete cookies or instruct your web browser to disable tracking, please visit the help pages in your web browser. However, doing so may prevent you from using certain parts of Program Technology. Please note that Noodle does not respond to “Do Not Track” settings configured in your web browser.
Information from Other Sources
We may supplement the information we collect through Program Technology with information from other sources, such as information that you submit to Noodle directly by email, telephone or other means (e.g., information you provide to Noodle’s customer service team) and publicly available information from social media services, commercially available sources and information from our affiliates or business partners.
Use and Disclosure
When information collected from or about you does not identify you as a specific person, Noodle may use that information for any purpose or share it with third parties who may use it for any purpose. When information collected from or about you is personally identifiable (your “Personal Information”), Noodle and our service providers may use and disclose that information in the following ways:
To provide and personalize the Noodle Services
We use your Personal Information to provide our service and their features to you, including: to improve those services and their features; to personalize and to improve your experience with Program Technology by delivering content you will find relevant and interesting, to provide you with customer support, and to respond to inquiries.
To provide you with customer support
Noodle may make your Personal Information available to [University] Center for Information Systems and Technology, Division of Behavioral & Organizational Sciences, and Drucker School of Management’s customer support teams, who may contact you to provide you with more information about the Program, assist you with the application process or answer your questions.
To allow service providers to assist us in providing and managing our services
Noodle may make your Personal Information available to certain third party service providers solely for the purpose of helping us with our business operations, such as data processing and marketing and technology service providers.
To allow social sharing functionality
To deliver relevant information and advertisements
To contact you
Noodle may periodically send you promotional materials or notifications related to the Program or services. These emails are meant to be useful to you while helping us improve our user experience. However, if you want to stop receiving promotional materials, you can follow the unsubscribe instructions at the bottom of each email. If you want updates but prefer to keep your email inbox uncluttered, you should check out our Twitter feed and Facebook page. There are certain service notification emails that you may not opt-out of, such as notifications of changes to Program Technology or policies.
To protect the rights of Noodle and others
There may be instances when Noodle or Stevens may disclose your information, including situations where Noodle has a good faith belief that such disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of Noodle; (ii) protect the safety, privacy, and security of users of Program Technology or members of the public; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process; or (v) respond to requests from public and government authorities.
Legal Basis for Processing Your Personal Information
We collect and process information about you only where we have legal bases for doing so under applicable law. The following are the legal bases for collecting and processing your Personal Information:
When you give us your consent to do so, this includes:
- Where consent is required by law, and where we ask for your consent to use your personal information for a stated purpose.
- Where we rely on your consent to process your personal information, you may withdraw your consent at any time. You will not suffer any detriment for withdrawing your consent. If you withdraw your consent, this will not make processing which we undertook before you withdrew your consent unlawful.
To meet contractual obligations or obligations related to a contract, this includes:
- Providing our services and their features to you.
- Providing you with customer support.
- Responding to your communications and requests.
- Communicating with you.
- Creating and account and profile for you.
For Noodle’s or Stevens’ legitimate interests, this includes:
- Developing and operating Noodle’s business.
- Maintaining and improving Noodle’s products and services.
- Operating Noodle’s site and providing services.
- Conducting market research, audits, and other business operations.
For purposes which are required by law, this includes:
- Complying with any regulations, procedures, and laws which apply to us.
- Investigating misuse of your account.
Noodle and Stevens comply with the principles of the GDPR and adhere to the principle that Personal Information shall be:
- Processed lawfully, fairly and in a transparent manner in relation to the person.
- Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes.
- Adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed.
- Accurate and, where necessary, kept up to date.
- Kept in a form which permits identification of persons for no longer than is necessary for the purposes for which the Personal Information is processed.
- Processed in a manner that ensures appropriate security of the Personal Information.
USER CONTROL OF PERSONAL INFORMATION
Personally identifiable Information
Please do not submit to us or Post on Program Technology any personally identifiable information that you do not want us to collect. In particular, we ask that you do not send us, and you do not share, any sensitive information, such as social security numbers, on or through Program Technology. Please keep in mind that, although you are not required to provide any personally identifiable information that we request, in many cases, if you do not provide us with the requested information, we may not be able to provide you with certain services or respond to any questions you may have.
Receiving electronic communications from us
If you no longer want to receive emails from us on a going-forward basis, you may opt-out of receiving these emails by following the unsubscribe instructions in the email. We will process your request within a reasonable time after receipt. However, we are not responsible for removing your personally identifiable information from the lists of any third party who has previously been provided your information in accordance with this section or your consent.
Canceling your account
The security of your information is very important to us. Noodle implements a variety of security measures to maintain the safety of your Personal Information. However, due to the inherent open nature of the Internet, no data transmission over the Internet or any wireless network can be guaranteed to be secure. As a result, while we take measures to protect your Personal Information, we cannot ensure or guarantee the security of any information you send to us or that we store on our servers. Your use of Program Technology demonstrates your assumption of this risk.
Your information will be processed by us primarily in the United States and, if you live outside the United States, your information will be transferred there. Some of our data process providers may maintain servers around the world, and your information transferred to servers located in other countries. Data protection laws vary among countries, with some providing more protection than others. Regardless of where your information is processed, we apply the same protections described in this section.
Program Technology may contain links to our presence on various social media platforms. We do not operate or control these platforms. You should be aware that personally identifiable information which you voluntarily include and transmit online in a publicly accessible blog, social network or otherwise online may be viewed and used by others. We are unable to control these uses of your personally identifiable information, and by using such services you assume the risk that the personally identifiable information provided by you may be viewed and used by third parties.
RESIDENTS OF THE EEA
If you reside or are located in the European Economic Area (“EEA”) you have the right, under certain circumstances, to request that we:
- Erase your Personal Information without undue delay.
- Provide you with your personal information in a structured, commonly used and machine-readable format.
- Rectify any inaccurate Personal Information concerning you.
- Restrict the way we process your Personal Information.
- Inform you about what Personal Information we collect about you.
- Don’t subject you to a decision based solely on automated processing.
- Do not process your Personal Information and that we do not provide your Personal Information to third parties.
Noodle is the data processor and we are responsible for deciding how we hold, use and keep Personal Information secure. This also means we are responsible for responding to requests you make in relation to how your Personal Information is used. If you have any privacy concerns or if you would like to exercise any of your statutory rights described above please let us know by contacting us by sending us an email to this address firstname.lastname@example.org, you may use this same email to contact Noodle’s Data Protection Officer. We will address your request or inquiry without undue delay.
CALIFORNIA RESIDENTS CONSUMER PRIVACY ACT DISCLOSURES
Under the California Consumer Privacy Act (CCPA), California consumers are entitled to disclosures regarding the collection and use of their Personal Information. This section describes your CCPA rights and how to exercise those rights.
Collection and Disclosure of Personal Information
In the past 12 months, we have collected, and may have disclosed to third parties for our business purposes, the following categories of Personal Information relating to California residents:
- First Name and Last Name
- Email Address
- Phone Number
- Zip Code
- Program of Interest
- Level of Education Attained
- Whether or not you’ve taken an Admissions Exam
- Years of work experience
- Information from social media and other sites
- Application Data
- Usage Data
Other Personal Information described in the section above titled “Collection of Information” may have been collected.
The categories of sources from whom we collected this Personal Information are:
Categories of sources from whom we collect Personal Information are described above under the section titled “Collection of Information.”
Purposes of collecting Personal Information:
We collect the Personal Information described above to provide services to all of our users, to improve our services, and for our business purposes. We limit the collection of information to only that which is absolutely necessary to carry out our legal or business obligations, and for the purposes described under the section titled “a.closure.”
The categories of third parties to whom we disclose Personal Information for our business purposes are:
- Affiliates of Noodle Partners for the purposes described in this policy.
- Third party service providers solely to assist us in providing and managing our services, such as data processing, marketing, and technology.
- To third parties to protect the rights of Noodle Partners and others.
Rights of California Consumers under the CCPA
If you are a California resident, you have a right to request that we provide you with the following information from 12 months prior to your request:
- The categories of personal information that we have collected about you.
- The categories of sources from which the personal information was collected.
- The business or commercial purpose for collecting personal information about you.
- The categories of third parties with whom we shared your personal information.
- The specific pieces of personal information we have collected about you and may have shared.
You have the right to request that we delete any Personal Information we may have collected about you, unless the CCPA recognizes an exception.
The CCPA prohibits discrimination against any consumer for exercising any of the rights described above. You have the right for us to disclose and deliver the requested information to you free of charge within 45 days of us receiving a verifiable consumer request.
Sale of Personal Information
Under the CCPA a consumer shall have the right, at any time, to direct a business that sells personal information about the consumer to third parties not to sell the consumer’s Personal Information.
Noodle Partners does not sell and has not sold any Personal Information we collect about you.
How to exercise your rights
If you have any privacy concerns or if you would like to exercise any of your rights under the CCPA please let us know by contacting us at this email address email@example.com or you can give us call (877) 724-9666. Please provide your full name, contact information, and a detailed description of your request.
You may use the email above to contact Noodle’s Data Protection Officer. We will address your request or inquiry without undue delay.
Other Important Information
Protection for Children
Program Technology is not targeted to children, and we do not knowingly collect personally identifiable information from children younger than 13 years of age. If we become aware that personally identifiable information from a child younger than 13 years of age has been collected without the consent of such child’s parent or guardian, we will delete such information from our database without requesting permission to do so.
The Family Educational Rights and Privacy Act of 1974 (“FERPA”) governs the privacy of students with respect to their education records, defined as any record directly related to a student and maintained by an educational institution or a party acting for the institution. Noodle’s policy is to comply with FERPA, which applies to all educational institutions that receive funds under any program administered by the Secretary of Education. You may have various rights that arise under FERPA. FERPA grants students the following rights:
- The right to control the disclosure of their education records.
- The right to inspect and review their education records within 45 days of making a request.
- The right to request an amendment of inaccurate or misleading portions of their education records.
- The right to file a complaint with the U.S. Department of Education regarding non-compliance with FERPA.
Education records received by Noodle either from a student or another party are the property of the partner institution. Noodle cannot release any education records to students or third parties and students must go through the institution’s procedures. Please contact the institution to exercise any of the rights described above.
If you would like more information about Noodle’s FERPA policy please contact us at this email address firstname.lastname@example.org
Questions, Concerns and Complaints
If you have any privacy related questions or concerns please contact us at email@example.com
You may also write to us to Noodle Partners, Inc. 860 Broadway, 6th Floor, NY, NY 10003.
If you reside or are located in the EEA and you have any complaints as to how we handle your Personal Information, please contact us at the email above.
You also have a right to lodge a complaint with a supervisory authority in the European Union member state that you reside in.