Schools & Students Privacy Policy Addendum

The following Privacy Policy Addendum (the “Addendum”) sets forth information regarding Wistia’s use of the Personal Information of students under the age of 16 (each a “Student,” and collectively, “Students”) collected while providing the Services to public schools, charter schools, private schools, and other natural persons (including teachers) and entities providing educational or tutoring services (collectively, “Schools” and each individually, “School”). Although Wistia primarily provides the Services to businesses for commercial uses, at times Schools rely on the Services to provide educational or tutoring services to Students. By using the Services, each School and Student acknowledges that they accept the practices and policies described in the Privacy Policy and this Addendum, and they hereby consent to our collection, use, and sharing of Personal Information in the following ways.

I. Relationship Between the Privacy Policy and this Addendum

This Addendum provides information specifically about our collection, use and sharing of Students’ Personal Information obtained as part of providing Services to Schools. It supplements the information provided in our Privacy Policy, which describes Wistia’s practices that apply generally to all Personal Information from Customers and users, including Schools and Students. Students and Schools should consult this Addendum and the Privacy Policy for an explanation of our collection, use and sharing of Students’ Personal Information. Where this Addendum is silent on Wistia’s practices concerning Personal Information (e.g., how long Wistia retains a Student’s Personal Information, Wistia’s services differences, Wistia’s information security practices, a Student’s failure to provide Personal Information, etc.), Students and Schools should consult the Privacy Policy. Where there is a conflict between the information provided in this Addendum and the information provided in the Privacy Policy, the terms of this Addendum shall govern. Terms undefined in this Addendum shall have the meanings provided in the Privacy Policy.

II. What Personal Information Does Wistia Collect About Students?

Wistia limits the type of Personal Information and the amount of Personal Information we collectfrom Students to what is necessary to fulfill the purposes identified in this Addendum.

A. Information Provided By Students

When Students create an account with us, we require them to provide their names, email addresses, and passwords.

B. Information Collected Automatically

Whenever Students interact with any of our Websites or Media, we automatically receive and record information on our server logs from their browser including data related to Media viewing, listening to, or accessing (including when Students stop and start Media and how many times Students watched, listened to, or accessed particular Media), data related to use of Services, IP address, “cookie” information, and the pages Students request. Cookies may be used to recognize your browser or mobile device and tell us how and when pages in our Website are visited and used and by how many people. Please see Section II.B of the Privacy Policy for more information about cookies and information collected automatically.

C. Information Provided by Schools

Some information Schools provide to us is Personal Information about Students. The categories of that information are: information about a School’s location; information about a School’s teachers and administrators; and information about a School’s curriculum, lessons, and education content.

III. What Does Wistia Do with Students’ Personal Information?

We may use a Student’s name, e-mail address, and password to protect that Student’s user account, and to track that particular Student’s behavior on our Websites and using the Services, including when he or she stops and starts Media and how many times he or she watches, listens to, or accesses particular Media. We may use a Student’s IP address, browser information, device information, and information related to the use of the Websites, Media, and Services to personalize and improve our Services, to administer and improve our Media and Websites, to analyze how users utilize the Websites, and as otherwise set forth in the Privacy Policy. We may use IP addresses to infer Students’ geographic location. We may use a Student’s name, IP address, geographic location, browser information, device information, information related to the use of the Websites, Media, and Services, email address, and account password to operate, maintain, develop, and grow Wistia.

We may share certain types of a Student’s Personal Information as described in Section IV below.

IV. Will Wistia Share a Student’s Personal Information?

A. Generally

We share the following categories of a Student’s Personal Information with the Student’s School: names and email addresses. We may also share the number of times a School’s Media is accessed.

At times, we may anonymize Students’ IP addresses, geographic location, browser information, device information, and information related to the use of the Websites, Media, and Services, so that they cannot be individually identified, and provide that aggregated anonymous information to our partners, including Customers and Schools.

Please see Section IV of the Privacy Policy for information regarding how we share Personal Information generally with other parties (e.g., with affiliated businesses and third party websites, with agents and service providers, to comply with legal obligations, as part of business transfers, etc.).

B. Students’ Personal Information Wistia Has Sold to Schools in the Last 12 Months

The CCPA defines the sale of Personal Information very broadly. In the traditional sense, Wistia does not sell Personal Information, however we disclose certain Personal Information to Schools as part of the Services and the hosting of Media we provide to them. As part of that contractual relationship, Wistia has disclosed the following categories of Personal Information to Schools in the 12 months immediately preceding the Effective Date of this Addendum, listed at the bottom of this document: names and email addresses.

C. Students’ Personal Information Wistia Has Disclosed to Third Parties Third Parties in the Last 12 Months

In addition to the categories of Personal Information listed in Section IV.J of the Privacy Policy, we have also disclosed the following categories of Students’ Personal Information to third parties that provide business and operational services to us: information about a School’s location; information about a School’s teachers and administrators; and information about a School’s curriculum, lessons, and education content.

V. Consents and Disclosures

Wistia collects and uses Students’ Personal Information pursuant to disclosures made and consents obtained by each Student’s School, including all consents required by the Children’s Online Privacy Protection Act and the CCPA. We rely on each School to comply with all requirements of the Privacy Laws before transferring a Student’s Personal Information to us and before permitting Wistia to collect a Student’s Personal Information through the Services. Each School has agreed to indemnify Wistia for any its failure to comply with the Privacy Laws.

VI. Limited Use of Services and Prohibited Activities

Consistent with Section 2.10 of Wistia’s terms of use, Wistia provides the Services to Schools and Students for the limited purpose of providing to Students Media depicting or containing teachers, lessons, demonstrations, or other educational resources. No School or Student is permitted to use the Services for other uses, including, but not limited to: communications between Students or from any individual Student through the Services; Students creating, storing, or sharing Media; or recording, storing, transferring or otherwise processing Students’ educational performance results, Students’ educational records, pictures of Students, vocal or video recordings of Students, Students’ personally identifiable information as defined by the Family Educational Rights and Privacy Act, and other Personal Information about Students, except as stated in this Addendum or the Privacy Policy. Wistia reserves the right to terminate its contract to provide the Services with any School that uses the Services, or whose Students use the Services, in a way that violates the terms of this section.

VII. Enforcing Students’ Rights to Control Their Personal Information

If a Student or his or her parent or guardian would like to exercise or enforce one or more of that Student’s privacy rights granted by the Privacy Laws (including, but not limited to, requests to access, review, refuse further collection of, order not to sell, or delete the Student’s Personal Information), please contact the Student’s School with that request. By contract, each School has agreed to process such requests and coordinate responses and enforcement with Wistia. Any requests for privacy rights enforcement that we receive from a Student or a Student’s parent or guardian will be referred to the Student’s School.

For further information regarding Wistia’s treatment and protection of Students’ privacy rights (including lodging a complaint with a regulatory authority, accessibility for Students with disabilities, and Wistia’s non-discrimination policy), please see Section VII of our Privacy Policy.

VIII. Changes to this Addendum and the Privacy Policy

We may amend this Addendum and the Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy and Addendum in effect at the time such information is used. If we make changes in the way we use Personal Information, we will notify you by posting an announcement on our Website or sending you an email. You are bound by any changes to the Privacy Policy and this Addendum when you use the Website or Services after such changes have been first posted.

XI. Questions or Concerns; Contact Information

If you have any questions or concerns regarding our privacy policies, please contact our data protection officer by sending detailed message to privacy@wistia.com. Alternatively, you may contact us by postal service as follows. We will make every effort to resolve your concerns.

Attention: Data Protection Office Wistia, Inc. 17 Tudor Street Cambridge, Massachusetts, 02139 USA

Effective Date: May 28, 2020