Item 4

Please review the following terms and conditions carefully. These terms and conditions govern your business relationship with Academy of Art University (herein also called "the University") and your use and access to this website. The University may make changes to the information contained in this Website, or to the products and/or services described and contained herein at anytime and without notice. Use of this website constitutes your complete acceptance of these terms of use.

Copyright Notice

All content included on the Academy of Art University website is protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written authorization signed by an officer of Academy of Art University. No material (including but not limited to the text, images, audio, and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software) may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered, or disassembled. You may not alter or remove any trademark, copyright or other notice from copies of the content that is on the website.

Trademarks

"Academy of Art University" and "Academy of Art College" are registered trademarks, service marks and/or trade names of Academy of Art University. All other trademarks, service marks, and trade names contained in the Website are the properties of the respective owners. The University disclaims any proprietary interest in trademarks, service marks and trade names other than its own. No use of the University’s marks may be made without the prior written authorization signed by an officer of Academy of Art University, except as necessary to accurately identify the products or services of the University.

Website Links

This website may provide links or references to other websites or resources. Academy of Art University assumes no responsibility for, does not guarantee the accuracy of, and in no way endorses the content of such other sites and shall not be liable for any damages or injury arising from that content.

User Responsibility

The user assumes all responsibility for properly using the Academy of Art University website and waives all claims against Academy of Art University and its agents that may arise from using this website.

Academy of Art University is committed to protecting your privacy. Any information we collect is for official Academy of Art University use only and used to provide you with the best service possible. Please carefully review our Privacy Policy to learn about how we collect, use and protect any information you provide, and how you can manage your personal information. This Policy is subject to the Terms of Service posted on the website. By using this site, you agree to this policy.

1. Managing Personal Information:

You may review, correct, update or change your Personal Information, or remove your Personal Information from direct marketing efforts, at any time by contacting Academy of Art University at:

Office of Strategic Information

Academy of Art University

79 New Montgomery Street

San Francisco, CA 94105-3410

1-800-544-2787 (US only)

1-415-274-2200

privacy@academyart.edu

2. Information Collection & Use

Any information collected is for official Academy of Art University use only. Unless otherwise required by law or for legitimate business purposes, Academy of Art University does not disclose any Personal Information to third-parties; however, the University reserves the right to make exceptions, such as when it is believed that an emergency, illegal activity or some other reasonable basis exists for notifying or providing such information to the appropriate authorities. The University may utilize 3rd party vendors as data processors, provided such vendors also comply with appropriate privacy and data protection policies.

The following types of information may be collected:

  • Name
  • Phone Number
  • Address
  • Email Address
  • Tokenized Credit/Debit card details
  • Date of Birth
  • Gender
  • IP address
  • Military Status
  • Parental names, address and phone numbers

Any personally identifiable information will be held securely in accordance with our internal security policy and any legal requirements. We may use technology to track the patterns of behavior of visitors to our site. If you have any questions or comments about privacy, please email us at privacy@academyart.edu.

3. Cookies

Cookies are alphanumeric identifiers that are transferred to your computer's (or alternative web browsing device’s) hard drive through your Web browser to enable our systems to recognize your browser and to provide rich web experiences, as well as to remember information between visits. The Help menu in most common browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. However, because cookies allow you to take advantage of some of Academy of Art University website essential features, we recommend that you leave them turned on. If you do leave cookies turned on, be sure to sign off when you finish using a shared computer.

Academy of Art University or its authorized service providers may use “remarketing” techniques to target messaging to you on third party web sites, which means that, by using cookies (as detailed above), your browser will anonymously (without including any personally identifiable information) inform the third party sites that you are a student, faculty, or staff member at Academy of Art University so that you will receive authorized messaging from us or our authorized service providers on those third party sites and across the internet. You may opt-out of being tracked for such purposes by either enabling the “do not track” feature of your web browser.

4. Security

Academy of Art University takes precautions to safeguard your personal data and we will only collect the minimum amount of information to provide you with better service or to meet other regulatory or legal mandates. Academy of Art University manages this data using standard security procedures and practices to protect information from unauthorized access, destruction, use, modification or disclosure. However, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while the University strives to protect information transmitted on or through its website, the University cannot and does not guarantee or warrant the security of any information you transmit on or through the website, and you do so at your own risk.

5. Children's Privacy Statement

Academy of Art University does not knowingly collect Personal Information from children under the age of 13. If the University becomes aware that a child under the age of 13 has submitted Personal Information, the University will delete such information from its records.

6. Privacy Policy Changes

Academy of Art University may, at its sole and absolute discretion, change this Privacy Policy from time to time. Academy of Art University will post the Privacy Policy as changed on the website. Your continued use of the website, mobile applications or other services constitutes your agreement to the Privacy Policy as changed. If you object to any such changes, your sole recourse shall be to cease using the University’s website.

7. Deceased Student Record Handling & Awarding of Posthumous Degrees

Release of Deceased Student Records

Education records are no longer protected under FERPA after a student's death; consequently, the stewardship of records pertaining to a deceased individual is not a FERPA issue but a matter of institutional policy. During the first year after the death of the individual is recorded, Academy of Art University will release the educational records to family members and agencies contributing to the tuition payments of the student. Following the initial year, records will be provided to any individual upon request.

Awarding of Posthumous Degrees

The family or other interested parties of the deceased student may initiate a request for a posthumous degree through the Office of the Registrar's Completion Committee. The committee will review the request and may recommend to the President the award of a posthumous degree, delivered to the family of the deceased. Posthumous degrees may be awarded when the student had satisfactorily completed at least two-thirds (2/3) of all coursework towards a degree and was actively enrolled at the time of death. Under special circumstances, the President or designee may grant the awarding of a posthumous degree or certificate for a student who has completed less than two-thirds (2/3) of the degree coursework. Petitions for a posthumous degree may be initiated at any time - there is no limit to how much time has transpired between the student's passing and the request.

8. Your California Privacy Rights

Under California Civil Code Section 1798.83 (known as the "Shine the Light" law), If you are a California resident, you may ask us to refrain from sharing your personal information with certain third parties for marketing purposes. Please contact us if you wish to refrain at privacy@academyart.edu or 1-415-274-2200.

Effective Date: 5/25/2018

Notice of Rights under FERPA

The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. These rights include:

The right to inspect and review the student's education records within 45 days of the day Academy of Art University receives a request for access. Students should submit to the Office of the Registrar written requests that identify the record(s) they wish to inspect. The Registrar will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the Office of the Registrar, the Registrar shall advise the student of the correct official to whom the request should be addressed. The right to request the amendment of the student’s education records that the student believes are inaccurate, misleading, or otherwise in violation of the student's privacy rights under FERPA. Students may ask Academy of Art University to amend a record that they believe is inaccurate or misleading. They should write the Academy of Art University official responsible for the record, clearly identify the part of the record they want changed and specify why it is inaccurate or misleading. If Academy of Art University decides not to amend the record as requested by the student, Academy of Art University will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.

The right to provide written consent before the university discloses personally identifiable information from the student's education records, except to the extent that FERPA authorizes disclosure without consent.

The school discloses education records without a student’s prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official is a person employed by Academy of Art University in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); a person serving on the board of trustees; or a student serving on an official committee, such as a disciplinary or grievance committee. A school official also may include a volunteer or contractor outside of Academy of Art University who performs an institutional service of function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of personally identifiable information from education records, such as an attorney, auditor, or collection agent or a student volunteering to assist another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for Academy of Art University.

Academy of Art University may also disclose students' education records, without the consent of the student, in certain other circumstances, including:

  • to comply with a judicial order or a lawfully issued subpoena;
  • to appropriate officials in connection with a health or safety emergency;
  • to officials of another school, upon request, in which a student seeks or intends to enroll;
  • in connection with a student’s request for or receipt of financial aid, as necessary to determine the eligibility, amount, or conditions of the financial aid, or to enforce the terms and conditions of the aid;
  • to certain officials of the US Department of Education, the Comptroller General, to state and local educational authorities, in connection with certain state or federally supported education programs;
  • to accrediting organizations to carry out their functions;
  • to organizations conducting certain studies for or on behalf of Academy of Art University;
  • to US Department of Homeland Security.
  • information the school has designated as "directory information."

The right to file a complaint with the US Department of Education concerning alleged failures by Academy of Art University to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:

Family Policy Compliance Office

U.S. Department of Education

400 Maryland Avenue, SW

Washington, DC 20202

FERPA permits the disclosure of designated "Directory Information" without a student's written consent, unless a student provides written notification to the Office of the Registrar that s/he does not want "Directory Information" released. Academy of Art University designates the following as public or "Directory Information": student's name, student picture, e-mail address, degree sought, expected date of graduation, school or college, major field, periods of enrollment, full-or part-time enrollment status, degrees and awards received and dates of conferral, the previous educational agency or institution attended, and participation in officially recognized activities and sports.

A student who wishes to allow another person, such as a parent or guardian, to have continuous access to the student's educational records must make written notification to the Office of the Registrar, 79 New Montgomery Street, San Francisco, CA 94105. Once filed, this request becomes a permanent part of the student's record until the student instructs Academy of Art University, in writing, to have the request removed.

Resources

Family Policy Compliance Office

U.S. Department of Education

400 Maryland Avenue, SW

Washington, D.C. 20202-4650

Phone: 1-202-263-0282

Fax: 1-202-260-9002

Email: ferpa@ed.gov

Web: http://www.ed.gov/policy/gen/reg/ferpa/index.html

GDPR (General Data Protection Regulation) Disclosures

What is the GDPR?

GDPR is a set of new rules designed to give individuals in the EU more control and protections over their data. This regulation is designed to modernize privacy law around personal data, consent, and privacy for those living in the EU. At Academy of Art University, we view these regulations as important improvements towards overall security and privacy for everyone, and continue to view security as a critical part of our mission.

Who is our data controller?

Academy of Art University

What is the contact information for the data controller?

Office of Strategic Information

Academy of Art University

79 New Montgomery St, San Francisco, CA 94105

1-800-544-2787

privacy@academyart.edu

Do you use personal data to make automated decisions?

Yes, certain business operations at Academy of Art University, particularly in financial aid processing and marketing do have automation that may involve personal information. This automation is to help reduce manual effort in processing information to accomplish a business task.

What rights do I have under the GDPR as an individual in the EU?

The right to be informed of the use of personal information.

The right of access - exactly what information is held about you and how it is processed.

The right of rectification – you are entitled to have personal data rectified if it is inaccurate or incomplete.

The right to erasure - also known as 'the right to be forgotten', this refers to your right to have your personal data deleted or removed without the need for a specific reason as to why you wish to discontinue.

The right to restrict processing – you have the right to block or suppress processing of your personal data.

The right to data portability - this is your right to retain and reuse your personal data for your own purpose.

The right to object - in certain circumstances, you are entitled to object to your personal data being used.

Is providing personal data mandatory?

Use of websites, mobile applications and other systems at Academy of Art University may require account creation which collects personal information. We require this to meet regulatory or legal requirements, and to provide you with the best user experience possible. Any personal information collected or processed will only be used these purposes. You can choose not to disclose certain information, but services may be limited as a result.

Do you transfer data internationally?

Certain processing, such as payment information may cross international borders for transatlantic payments. Academy of Art University does not internally transfer any data across international borders.

Privacy policies for the two payment gateways we use are available on these 3rd party websites:

What legal basis does Academy of Art University have for processing my personal information?

Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.

* In the case of enrolling for a program of study at Academy of Art University, this would be our enrollment agreement.

Processing is necessary for compliance with a legal obligation to which the controller is subject.

* Academy of Art University is required to be in compliance with the US Department of Education, the California bureau for private and post-secondary education, Western Association of Schools and Colleges, and other state and federal mandates for educational institutions. Many of these require the collection, processing, and retention of certain personal information.

Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

* Academy of Art University may transfer personal data to a third party to process information for a required service. This is only for legitimate internal business purposes. Academy of Art University will never sell or disclose personal information to a 3rd party for other purposes other than those required for legitimate business interests of the individual in the course of conducting business.