This School & Organisation Agreement (“Agreement”) applies when a school, kura, learning centre, or other organisation (“Organisation”) creates an organisation account or otherwise uses Stud-E on an organisation or Learning League plan. It is an agreement between the Organisation and Digital Communique Ltd (“we”, “us”, “our”), trading as Stud-E.
This Agreement sits alongside our Terms of Use and Privacy Policy. If there is a conflict about organisation-held student information, this Agreement prevails.
An organisation administrator who accepts this Agreement confirms that they are authorised to bind the Organisation. Organisations may wish to obtain their own legal advice before relying on this document as a data-processing arrangement.
1. Roles for personal information
For student, teacher, and staff information that the Organisation provides or creates in the Service, the Organisation is the agency that determines the purposes of collection. Digital Communique Ltd processes that information on the Organisation’s instructions in order to provide the Service.
For information we collect independently about website visitors, billing contacts, or our own security and product operations, we handle that information as described in the Privacy Policy.
2. Our processing commitments
We will:
- process Organisation personal information only to provide, secure, and support the Service, and as required by law;
- require personnel who handle that information to keep it confidential;
- implement reasonable technical and organisational security measures appropriate to the nature of the information;
- not sell Organisation personal information;
- not use student learning information to advertise third-party products to students;
- notify the Organisation without undue delay after becoming aware of a notifiable privacy breach affecting the Organisation’s information, and cooperate reasonably with the Organisation’s response;
- assist the Organisation, so far as is reasonably practicable, with access, correction, and deletion requests that relate to information we hold for the Organisation;
- delete or return Organisation personal information at the end of the service relationship, subject to backups and records we must keep by law or for billing and dispute handling.
3. The Organisation’s responsibilities
The Organisation will:
- ensure it has authority to provide student and staff information to us, including any required notice to parents, caregivers, or students;
- use the Service only for genuine educational and administrative purposes;
- keep administrator and teacher credentials confidential and allocate access on a least-privilege basis;
- not ask students to submit more personal information than is needed to use the Service;
- comply with the Privacy Act 2020, the Education and Training Act 2020 where it applies, and the Organisation’s own privacy and child-protection policies;
- promptly tell us if an authorised user should lose access, for example when a staff member leaves.
4. Subprocessors
The Organisation authorises us to use subprocessors that are reasonably required to operate the Service, including hosting, authentication, database, storage, payments, email, security, analytics, and AI providers identified in the Privacy Policy. We remain responsible to the Organisation for those subprocessors’ performance of the tasks we assign to them.
If we add a subprocessor that materially changes how Organisation personal information is handled, we will update the Privacy Policy. The Organisation may contact us if it objects on reasonable privacy grounds.
5. International processing
Some subprocessors process information outside New Zealand. The Organisation acknowledges this and instructs us to use those subprocessors as part of the Service, subject to the safeguards described in the Privacy Policy.
6. Licences, seats, and authorised users
Organisation access is limited to the number of student licences or seats purchased. The Organisation must not share a single student login among multiple learners. Teachers and administrators may access only the classes, rooms, or students assigned to them through the Service.
7. AI-generated educational content
The Organisation acknowledges that parts of the Service use automated systems to generate questions and explanations. The Organisation remains responsible for how staff and students use that material in class, including academic-integrity rules.
8. Term and termination
This Agreement starts when the Organisation creates an account or first uses the Service on an organisation plan, and continues until the account is closed and outstanding fees are settled. Either party may terminate for material breach that is not remedied within 14 days of written notice, or immediately if required by law.
9. Liability
Each party remains responsible for its own compliance with privacy law. The liability terms in the Terms of Use apply to this Agreement, except that nothing in this Agreement limits a party’s liability for fraud or for a breach that cannot be limited under New Zealand law.
10. Governing law
This Agreement is governed by the laws of New Zealand.
11. Contact
Organisation and data-processing questions may be sent to contact@stud-e.app.