EU Data Privacy Agreement Definitions

"Agreement" means Seesaw’s Terms of Service, which govern the provision of the Services to Customer, as such terms may be updated by Seesaw from time to time. The Terms of Service are available at http://web.seesaw.me/terms-of-service.

“Customer” means a school or school district, however organized, located with the European Economic Area (EEA) that contracts with Seesaw to receive Seesaw’s Services.

"Customer Data" means any Personal Data that Seesaw processes on behalf of Customer as a Data Processor in the course of providing Services, as more particularly described in this DPA.

"Data Protection Laws" means all data protection and privacy laws applicable to the processing of Personal Data under the Agreement, including, where applicable, EU Data Protection Law.

"Data Controller" means a school or school district, however organized, that contracts as a Customer with Seesaw to provide Seesaw’s services to the cohort of parents, students, teachers, school officials or other end users authorized by the Customer that determines the purposes and means of the processing of Personal Data.

"Data Processor" means an entity that processes Personal Data on behalf of a Data Controller.

"EU Data Protection Law" means (i) prior to 25 May 2018, Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of Personal Data and on the free movement of such data ("Directive") and on and after 25 May 2018, Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation) ("GDPR"); and (ii) Directive 2002/58/EC concerning the processing of Personal Data and the protection of privacy in the electronic communications sector and applicable national implementations of it (as may be amended, superseded or replaced).

"EEA" means, for the purposes of this DPA, the European Economic Area, United Kingdom and Switzerland.

"Personal Data" means any information relating to an identified or identifiable natural person.

"Privacy Policy" means Seesaw’s Privacy Policy, which governs the provision of the Services to Customer, as such terms may be updated by Seesaw from time to time. The Privacy Policy is available at https://web.seesaw.me/privacy-policy.

"Privacy Shield" means the EU­- U.S. Privacy Shield and Swiss-U.S. Privacy Shield Framework self­-certification programs operated by the U.S. Department of Commerce and approved by the European Commission pursuant to Decision C(2016)4176 of 12 July 2016 and by the Swiss Federal Council on January 11, 2017 respectively.

"Privacy Shield Principles" means the Privacy Shield Principles (as supplemented by the Supplemental Principles) contained in Annex II to the European Commission Decision C(2016)4176 of 12 July 2016 (as may be amended, superseded or replaced).

"Processing" has the meaning given to it in the GDPR and "process", "processes" and "processed" shall be interpreted accordingly.

“Subprocessor” has the meaning given to it in the GDPR and refers to an entity that contracts with Seesaw to assist Seesaw in the Processing of a Customer’s data as explicitly directed and limited by the Agreement between the Controller, Seesaw’s Customer, and Seesaw.