Digication Privacy Shield Statement

Digication is committed to the protection of your personal data no matter your country of residence or origin. We have provided the information below to inform you of your rights and our practices and responsibilities with regard to your personal data.
Digication complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. Digication has certified to the U.S. Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit privacyshield.gov


What kind of personal data does Digication store about you?

Basic personal information stored when creating your account:

• Your first and last names
• Your username
• Your email address (in rare cases, an email address may not be required)
• Affirmation of age (for COPPA purposes we require users to affirm that they are 13 years of age or older)

When you login and use Digication, we will also store:

• Your IP address (no longer than 90 days)

Additional optional personal information which may be stored about you:

• A unique identifier (also known as SyncID or Account ID), which may be an ID number in use at your organization or a repeat of basic information, such as username or email address. This information is typically used to manage course and group enrollment on an organizational level and when used is provided by the subscribing organization for accounts established under an Enterprise Plan.
• Your organization may optionally provide additional information associated with your account, such as graduation date, major, or additional account metadata.
• Information you may have added to your user profile (includes preferred notification email address, support email address, website link, and/or profile image).

Additional User Generated Content we may store on your behalf:

• Digication is an ePortfolio platform. The nature of an ePortfolio platform includes the ability for users to store, share, and publish content to others. Such content may contain additional personal information and is considered “User Generated Content” (UGC). You have the ability to control the level of privacy for UGC posted on your ePortfolios, discussion posts, and comments. UGC includes Content created, edited and managed by you for personal, professional, and educational use, including any or all of the following: ePortfolios, ePortfolio comments, discussion posts and comments, and coursework submitted to assignments.

The above basic information and the additional information are referred to together as ‘user account data’.


Why does Digication store this data?

The basic information we collect and store about you is the minimum amount of data required to fulfill the terms of your subscription and allow you to use Digication. Additional information provided by you serves to allow you to personalize your account, and create content for educational, professional, or personal use. Additional information provided by your organization (where applicable) is used to manage your account, to further educational goals, and to facilitate assessment activities at your organization..


How can I limit the use and disclosure of my personal data on Digication?

Digication provides several tools and options to allow you to control how you share information on Digication:
• Cookie settings allow you to control categories of data that may be collected about you as you use Digication. While most cookies we use are necessary to provide the Digication service, you may opt-out of any other categories.
• ePortfolio Directory - each organization has an ePortfolio Directory. The Directory contents are a dynamically-generated list of the ePortfolios you have permission to access. You can control the degree to which each of your ePortfolios is shared in the Directory:
    • Not available in the Directory at all (and not available to search engines)
    • Only available to yourself and specific other users or groups
    • Available to any logged-in users at your organization
    • Available in the public Directory for your organization (available to search engines)
• User Directory - each organization has a People Page. You can control whether your information is available to students or restricted to faculty and administrators.
• For public ePortfolios, you can control the ePortfolio’s search engine exposure using password protection.
• "Hide me from searches by other students in Digication" enable this option in your user profile to prevent your personal information from being included in search results by other students. Your personal information will still be searchable by users with Administrator and Faculty accounts.
• You choose to integrate with third party applications as one of the features of the ePortfolio publishing platform. You may choose not to use features that rely on third party or external applications (see “Does Digication sell or share user data with third parties?” below.)
• You can control comment permissions in your ePortfolios, courses, assessment groups, or communities.

Please note: If you chose to make your ePortfolio public, should you delete that public ePortfolio, search engines that have previously indexed your ePortfolio may not not automatically remove any cached copies of your information. The search engines will be controllers of this information in their own right. Typically, they will accept requests for your data deletion.


Does Digication sell or share user data with third parties?

Necessary Third-party Services

Third party partners help us provide some of the features and content included in Digication. These services are used by Digication for cloud hosting data, error and performance tracking, generating system emails, uploading content, processing files, and transcoding media files.

Your ability to opt-out does not apply where the sharing of your personal data is with a third party who is acting as our agent (such as our service providers who perform services that help us run our business). Digication won’t provide your personal data to a third party under these circumstances until a thorough security review of the third party vendor has been completed and it has been determined that the vendor complies with the Principles.

We may provide your personal data to third parties where there is a legal obligation to do so. For example, to regulators, government departments, law enforcement authorities, tax authorities, and any relevant dispute resolution body or the courts.

We do not distribute or otherwise share with any third party any personal information that you or your organization provides to us before your or your organization registers to use Digication. Digication does not sell, distribute or share user data with third parties for any marketing or advertising purposes.

Optional Third-party Services

You or we may need to share your personal information with one or more of our third party companies in order for you to access and use features or content provided by such services. For example, you may need to authenticate with a third party service such as Google Drive in order to copy content from Google Drive to an ePortfolio. You can opt-out of the sharing of this information by not accessing these features or content.


What are your data protection rights?

You have the right at any time to request access to, correction or erasure of your personal data on Digication. You can restrict or object to the processing of your personal data. You also have the right to data portability.
In compliance with the Privacy Shield Principles, Digication commits to resolving complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Digication at support@digication.com.
Digication has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, you may be able to invoke binding arbitration. Please visit jamsadr.com/eu-us-privacy-shield for more information or to file a complaint. The services of JAMS are provided at no cost to you.

Digication is subject to the investigatory and enforcement powers of the United States Federal Trade Commission (the “FTC”). You can learn more about the FTC’s role in enforcement of the Privacy Shield at privacyshield.gov/article?id=OVERVIEW.

We will disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

If we transfer personal data to a third party and that transfer, or an act or omission by the third party, results in a violation of the Principles, we are liable for the transfer and/or the act or omission, unless we prove that we are not responsible for the event giving rise to the damage.


How can I request the removal of my personal data?

Digication’s support team is available to help resolve your data requests. Please direct all requests to Digication by email to support@digication.com. If you are an Enterprise subscription user and you send a request to us, we will need to first send that request on to your organization for approval.

While most data requests are easily resolved, please note that we may not always be able to comply with your request to exercise your rights for specific reasons which will be notified to you, if applicable, at the time of your request. Additionally, it may be that the data your request relates to has been co-authored or co-created with other users and therefore we may be unable to comply with your request.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.