ONLINE PRIVACY AND TERMS OF USE POLICY

Music and the Brain at Home

 

All teaching materials of Music and the Brain are the property of Building for the Arts NY, Inc.  (BFANY). Copyright and other intellectual property laws protect these materials. Reproduction or retransmission of the materials, in whole or in part, in any manner, without the prior written consent of BFANY, is a violation of copyright law. Users may not distribute such copies to others, whether or not in electronic form, whether or not for a charge or other consideration, without prior written consent of the copyright holder of the materials, BFANY. All design, text, graphics, the selection and arrangements thereof, are copyrighted © BFANY 2020, ALL RIGHTS RESERVED. Any reproduction, modification, distribution or republication of any part, without the prior written consent of BFANY, is strictly prohibited.

As an educational program, Music and the Brain (“MATB”, “we” or “us”) is committed to protecting the privacy of children and other visitors who access our website. By accessing this website, you are consenting to this Online Privacy Policy (the “Policy”). This Policy describes what information MATB collects from users, including children under 13, when they visit this site; how such information is used; how users, parents, and guardians can control the use and disclosure of information concerning children; and how information is protected.

 

The Children's Online Privacy Protection Act of 1998 and its rules (collectively, "COPPA") require us to inform parents and legal guardians (as used in this policy, "parents") about our practices for collecting, using, and disclosing personal information from children under the age of 13 ("children"). It also requires us to obtain verifiable consent from a child's parent for certain collection, use, and disclosure of the child's personal information.

This policy notifies parents of:

  • The types of information we may collect from children.

  • How we use the information we collect.

  • Our practices for disclosing that information.

  • Our practices for notifying and obtaining parents' consent when we collect personal information from children, including how a parent may revoke consent.

  • All operators that collect or maintain information from children through MATB 

 

Children should always check with their parents or guardians before entering information on any website or application, and MATB encourages families to discuss their household guidelines regarding the online sharing of personal information. We also recommend that parents/guardians carefully supervise their children when their children participate in any online activities.

 

 

Information Collection & Use

 

MATB offers this website to a range of users, including teachers, parents, and students, including some children. This Policy summarizes potential instances of data collection and outlines how and when we will seek parental consent when collecting information from children. In any instance that we collect personal information from a child, we will retain that information only so long as reasonably necessary, or as required by law. In the event we discover we have collected information from a child in a manner inconsistent with COPPA’s requirements, we will either delete the information or immediately seek the parent’s consent for that collection.

 

The three instances of active data collection through this website are (i) student response forms, (ii) student contests (known as “Challenges”), and (iii) parent feedback forms. Each of these are addressed in detail below:

Student Response Forms

Through student response forms (under the heading "Responding" on each lesson page), MATB may collect certain non-personally-identifiable voluntary information from users, particularly students, some of whom may be children under the age of thirteen (13), including (i) school (ii) grade; and (iii) feedback about songs and lessons (anonymous User Generated Content). The information collected will be used solely for internal organizational purposes in order to: 

 

  • customize content and improve the site 

  • conduct research and analysis to address the performance of our site

  • generate anonymous reporting for use by MATB.

 

Challenges

 

MATB may host online contests or “Challenges” to encourage users, including children, to engage with the site’s content. For these contests, we require only the information necessary for a user to participate, such as the user’s name (to distinguish among users), school, music teacher’s name, and parent email address (to notify the parent where required by law), if applicable. As Challenges involve the submission of students' own created educational content (“User Generated Content”), we require parental consent along with the submission, and will seek parental consent in the manner described under the subsequent heading “Verifiable Parental Consent.” 

 

By submitting Challenges, User Generated Content users, or parents/guardians on behalf of their children, acknowledge and agree that they have proper rights to the User Generated Content, and grant to MATB a nonexclusive, perpetual, irrevocable, gratis (i.e. free) license to utilize the User Generated Content in all ways provided for under Section 106 of the U.S. Copyright Act, including, but not limited to, the right to reproduce, perform, and create works derivative of, that User Generated Content. Submitting User Generated Content does not surrender the users’ copyright.

 

Verifiable Parental Consent

 

Consistent with the requirements of COPPA, in some instances of Challenges, where we ask for certain types of educational User Generated Content of a child under the age of 13, we will ask for verifiable parental consent. These specific types of content include substantial User Generated Content beyond simple responses, such as compositions and video recorded performances of MATB repertoire. In order for children under the age of 13 to submit this type of work, all submissions must be accompanied with an official signed permission form from a parent/guardian, consistent with the guidelines of COPPA.

 

With regard to school-based activities, COPPA allows teachers and school administrators to act in the stead of parents to provide consent for the collection of personal information from children. Schools should always notify parents about these activities. For more information on parental rights with respect to a child’s educational record under the Family Educational Rights and Privacy Act (FERPA), please visit the FERPA site.

 

Accessing and Correcting Your Child's Personal Information

At any time, you may review the child's personal information maintained by us, require us to correct or delete the personal information, and/or refuse to permit us from further collecting or using the child's information. You can review, change, or delete your child's personal information by: [1]

[sending us an email at lisala@musicandthebrain.org. To protect your privacy and security, we may require you to take certain steps or provide additional information to verify your identity before we provide any information or make corrections.].

 

Parent/Family Feedback Forms

MATB​ seeks input from adult Parents/Guardians/Families on the "PARENTS/FAMILIES" page. Information collected includes the participating adults' (i) first name, (ii) last name, (iii) email, (iv) child's school name, (v) city/state, and (vi) feedback. As with the student response forms, submission in this section is not required for participation in the website. Any information collected will be used solely for internal organizational purposes in order to: 

 

  • customize content and improve the site 

  • conduct research and analysis to address the performance of our site 

  • generate anonymous reporting for use by MATB. 

 

No information collected will be used for marketing purposes, and MATB will retain collected information only so long as reasonably necessary, or as required by law.

Automatic Data Collection

 

When users, including children, interact with us, certain information may automatically be collected, both to make our sites and applications more interesting and useful to users and for various purposes related to our organization. Examples include the type of computer operating system, the user’s IP address or mobile device identifier, the web browser, the frequency with which the user visits various parts of our sites or applications, and information regarding the online or mobile service provider. This information may be collected using technologies such as cookies, flash cookies, web beacons, and other unique identifiers. This information may be collected by MATB or by a third party (such as Google Analytics). This data is principally used for internal purposes only, in order to: 

 

·      customize content and improve the site 

·      conduct research and analysis to address the performance of our site 

·      generate anonymous reporting for use by MATB.

 

We do not share, sell, rent, or transfer children's personal information other than as described in this section.

We may disclose aggregated information about many of our users, and information that does not identify any individual or device. In addition, we may disclose children's personal information:[2]

  • To third parties we use to support the internal operations and who are bound by contractual or other obligations to use the information only for such purpose and to keep the information confidential.

  • If we are required to do so by law or legal process, such as to comply with any court order or subpoena or to respond to any government or regulatory request.

  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of MATB, our customers or others, including to:

  • protect the safety of a child;

  • protect the safety and security of MATB;

  • enable us to take precautions against liability, and

  • to law enforcement agencies or for an investigation related to public safety.

In the event we collect (or allow others to collect) such information from children on our sites and applications for other purposes beyond the scope of purposes outlined above, we will seek parental consent in the manner specific to the interaction as described in this Policy, or otherwise as described under the heading “Verifiable Parental Consent.” 

 

Changes To This Policy and Notice

 

MATB reserves the right to revise this Policy at any time for any reason in our sole discretion by posting an updated Policy without advance notice to you. Such revisions shall be effective immediately upon posting, and if you use MATB’s sites or applications after they become effective, it will signify your agreement to be bound by the changes. We shall post or display notices of material changes on this site; the form of such notice is at our discretion. However, we encourage you to check this Policy often for updates. Please contact us at the mailing address, email, or phone number below with questions about our Policy and collection and use practices: 

 

Music and the Brain-Building for the Arts

412 West 42nd Street, 5th Floor

New York, NY 10036

Phone: (646) 448-9059

Email: lisala@musicandthebrain.org

MUSIC AND THE BRAIN

Strengthening Young Minds Through Music
Building Skills for School and for Life

a program of nonprofit BUILDING FOR THE ARTS

www.musicandthebrain.org

info@matb-at-home.org

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