K-12 (Primary and Secondary) and Higher Education Additional Terms for Student Data
Last updated July 1, 2021. Replaces all prior versions.
These K-12 (Primary and Secondary) and Higher Education Additional Terms for Student Data (“Student Data Terms”) are entered into between Adobe and Customer, and govern the privacy of Student Data provided to Adobe by Users during the use and deployment of Adobe products and services (the “Services”) to Students enrolled at qualified Schools in the K-12 (primary and secondary) school or higher education environment. By installing, accessing, or using the Services or allowing any School or User to install, access, or use the Services, Customer (i) agrees to the Terms and (ii) represents and warrants that (a) the Terms comply with its obligations under applicable laws and regulations as well as relevant Customer, School, and local policies, (b) it has the authority to bind to the Terms any School using the Services licensed by Customer, and (c) it shall ensure that any School or User using the Services licensed by Customer complies with the Terms. If Customer does not agree to the Terms, then Customer may not use the Services or permit any School or User to use the Services. The individual completing the on-line enrollment on behalf of Customer represents and warrants that they have the authority to bind Customer to these Terms.
These Student Data Terms are incorporated by reference into the Adobe General Terms of Use ("General Terms" or “TOU”) located at https://www.adobe.com/legal/terms.html. These Student Data Terms, the General Terms and the Adobe Value Incentive Plan Terms and Conditions located at https://www.adobe.com/howtobuy/buyingprograms/vip-terms.html (the “VIP Terms”) are collectively referred to herein as the "Terms." To the extent the provisions in these Student Data Terms conflict with the General Terms, the VIP Terms, or the Adobe Privacy Policy (located at https://www.adobe.com/privacy/policy.html), these Student Data Terms will govern. Capitalized terms not defined herein have the meanings ascribed to them in the General Terms.
1. Definitions
1.1. “Adobe” shall mean (i) Adobe Inc., a Delaware corporation having a place of business at 345 Park Avenue, San Jose, CA 95110-2704, if the Terms are entered into with a Customer that is located in the United States, Canada, or Mexico, (ii) Adobe Systems Software Ireland Limited, a company incorporated in Ireland and having a place of business at 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland, if the Terms are entered into with a Customer that is located outside of North America, or (iii) Adobe Systems Software Ireland Limited, a company incorporated in Ireland and having a place of business at 46 Riverwalk, Citywest Business Campus, Dublin 24, Ireland as authorized agent of Adobe Systems Pty Ltd (ABN 72 054 247 835), if the Terms are entered into with a Customer that is located in Australia.
1.2. “Customer” as used in these Student Data Terms is the customer identified on your order documentation as ordering the Services and may include a School or other eligible entity (e.g., in the U.S., an educational agency or institution (as defined in FERPA), school district, or BOCES) that orders Services solely on behalf of a School(s).
References to “Customer” in these Student Data Terms shall also include the School or Schools on behalf of which Customer orders the Services if Customer is not a School.
1.3. “Adult Student” means a Student who is above the legal age of consent for their applicable jurisdiction. In the United States, this also includes a student who is attending a postsecondary institution at any age.