Additional Terms and Privacy Notice to MDM Users

These Additional Terms and Privacy Notice to MDM Users (the “Additional Terms”) apply to users for whom certain entities or organizations (such as users’ employers, universities, or schools, each, an “Organization”) have purchased licenses for our “Notability” App through Apple’s Volume Purchasing Program (“VPP”) and made available such licenses to such users, and who have downloaded and use the “Notability” App with such licenses on devices that have been enrolled in Apple’s mobile device management (“MDM”) pursuant to the applicable Organization’s instructions. For purposes of these Additional Terms, “you” shall mean the individual end-user whose device is enrolled in MDM with an Organization that provided a license through VPP for the “Notability” App to such end-user, and the “Notability” App and the Services mean the version that are used on devices enrolled in MDM.

These Additional Terms supplement (and do not supersede) our Terms of Use and Privacy Policy; however, in the event of a direct conflict, these Additional Terms shall prevail with respect to your use of the Services. Capitalized terms that are not defined below have the definitions given them in our Terms of Use and Privacy Policy.

I. General

While our Services are not directed to children under the age of 16, we understand that some Organizations (such as schools) may be interested in our Services, and may elect to purchase volume licenses for the “Notability” App through Apple’s VPP. We value privacy protection and are committed to protecting the privacy of children. As such, we have configured the “Notability” App in a way that will distinguish users who indicate they are under 16 (“Children”) and users who indicate they’re at or above 16. Access to certain features of the Services may be subject to age restrictions and not available to Children. Please refer to Section II (Children’s Privacy) below for more details.

When you use the Services through your Organization’s volume licenses, and/or on devices that are part of your Organization’s MDM, your Organization may impose additional terms and conditions for such use, and you agree that you’re bound by such additional terms of our Organization (if any). Any exchange of data or other interaction between you and your Organization is solely between you and such Organization and is governed by such Organization’s terms and conditions.

II. Children’s Privacy

As described in our Terms of Use, Children’s Online Privacy and Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13.

We’re committed to protecting Children’s privacy. To that goal, we have taken the following measures to create a separate experience of the “Notability” App for Children.

• We have implemented an age screen in order to differentiate between Children and other users, and we do not collect any personal information as defined by COPPA before collecting users’ age information during such age-screen process.
• We do not allow Children to register for an account with the “Notability” App. While any user can use the “Notability” App without registering any account, without a registered account, certain features that will collect personal information as defined by COPPA will be disabled.
• The features that are disabled for Children include, for example, (i) the ability to upload notes to the Services and share with other users, (ii) the ability to submit or share Public User Submissions (as defined in our Terms of Use), and (iii) the voice recording and transcription functionality described in our Privacy Policy.
• This way, Children can enjoy the note-taking functions of the “Notability” App and save notes and content they created on their local devices. Such notes and content will not be saved or viewable by us or any other users. Without registering an account, Children will not be able to use any features that collect any personal information as defined by COPPA.
• We do not use or disclose personal information of any Children for behavioral or targeted advertisements.
• We only use users’ age information for the sole purpose of distinguishing Children from other users, and we do not retain the age information from Children longer than is reasonably necessary in order to fulfill the purpose for age verification and compliance with applicable laws.

Therefore, we do not knowingly collect or solicit personally identifiable information from a child under 16, other than the age information as described above. If you are a user under 16, please do not send any personal information about yourself to us. If we learn we have collected personal information from a user under 16 without parental consent, we will delete that information as quickly as possible.

If you are a parent or guardian of a user of our Services who is under 16 years of age, you may contact us at any time to ask that (a) we stop collecting personal information from such user (if applicable), (b) we delete any personal information already collected from such user (although note that we may further retain information in an anonymous or aggregated form where that information would not identify such user personally), or (c) we stop disclosing personal information collected from such user to third parties, but continue to allow for collection and use of personal information collected from such user as necessary to provide the Services.

If you believe that a user under 16 may have provided us personal information in violation of these Additional Terms, please contact us at [email protected].