What Crowdmark's terms say
Crowdmark's terms of service and privacy policy have 23 rated points: 2 serious, 10 bad, 8 worth knowing and 3 good. 16 apply whenever you use the site, signed in or not; 7 only once you have an account.
Whenever you use Crowdmark
Serious 1
Your personal information may be collected, regardless of whether you interacted directly with the service or not
They store data on you even if you did not interact with the service
Privacy Policy: "Crowdmark may attempt to collect information you created, before or after you had a Crowdmark account, from third parties, such as schools, teachers and instructors, including forms of assessments, competed assessments, and grades and scores on or in connection with completed assessments, which Crowdmark calls “Indirect Content”. If Crowdmark collects any of your Indirect Content it will enter into a contract with that third party which requires the third party to ensure, and provide assurances to Crowdmark, that it has your consent to disclose that Indirect Content, including any of your personal information therein, to Crowdmark. If any of your personal information appears in or on your Indirect Content, it will be used, disclosed and stored in accordance with this Privacy Policy, and it will be connected and linked with you, your account and your personal information you voluntarily provided to Crowdmark."
Where it says this ↗
Bad 7
If you offer suggestions to the service, they become the owner of the ideas that you give them
Where it says this ↗Third-party cookies are used for statistics
This service may use third-party cookies and web beacons for statistics
Privacy Policy: "Crowdmark may hire third-party service providers to assist in the collection and analysis of cookies and web beacons, but none of your personal information is disclosed to these third party service providers."
Where it says this ↗Your personal data may be sold or otherwise transferred as part of a bankruptcy proceeding or other type of financial transaction
The service can sell or otherwise transfer your personal data as part of a bankruptcy proceeding or other type of financial transaction.
From Privacy Policy: "If Crowdmark is to be sold, merged or amalgamated or is to sell or dispose of substantially all of its assets, your personal information may be transferred to a potential purchaser if, and to the extent, necessary for the purposes of deciding whether to proceed with the sale and completing the sale."
Where it says this ↗You are tracked via web beacons, tracking pixels, browser fingerprinting, and/or device fingerprinting
The service may use tracking pixels, web beacons, browser fingerprinting, and/or device fingerprinting on users.
Where it says this ↗Terms may be changed any time at their discretion, without notice to you
Terms of Service may be changed any time at their discretion, without notice to the user
From Terms of Service: "Crowdmark may change these Terms of Service from time to time without notice to you. Your continued use of the Services after any such change shall constitute your acceptance of such change. You are responsible for regularly reviewing the most current version of the Terms of Service which are currently available at: crowdmark.com/legal/."
Where it says this ↗Your data may be processed and stored anywhere in the world
From Privacy Policy: "Your personal information may be transferred, processed and stored on servers in countries outside of Canada, including the United States, and may therefore be subject to different laws than those applicable in Canada. While Crowdmark undertakes to protect your personal information when it is transferred outside of Canada, the laws of other jurisdictions may require the disclosure of your personal information to governmental authorities under circumstances that are different than those that apply in Canada and are contemplated under this Privacy Policy."
Where it says this ↗Many third parties are involved in operating the service
Their Terms of Service state: "You acknowledge that Crowdmark uses third party service providers and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services, including third parties to permit the uploading and submission of Content to the Services and to process payments, if any." They also use third party payment processors.
Where it says this ↗
Worth knowing 7
Blocking first-party cookies may limit your ability to use the service
Blocking cookies may limit your ability to use the service
Privacy Policy: "You can set your browser to refuse cookies, but some portions of the Website may not work properly if you refuse cookies."
Where it says this ↗The court of law governing the terms is in location X
The court of law governing the terms is in the Province of Ontario and the applicable laws of Canada
From Terms of Service: "These Terms of Service are governed, interpreted and construed in accordance with the laws of the Province of Ontario and the applicable laws of Canada, without giving effect to any principles of conflicts of laws contained therein, and you hereby consent and submit to the exclusive jurisdiction of the Courts of Ontario."
Where it says this ↗You agree to defend, indemnify, and hold the service harmless in case of a claim related to your use of the service
Where it says this ↗You should revisit the terms periodically, although in case of material changes, the service will notify
Users should revisit the privacy policy periodically, although in case of material changes, the service will put a notice on the site
Privacy Policy: "This Privacy Policy may be revised from time to time as Crowdmark adds new features and services, as laws change, and as industry privacy and security best practices evolve. If Crowdmark makes any change to this Privacy Policy regarding collection, use, disclosure or storage of personal information, Crowdmark will provide advance notice on the Website. Small changes or changes that do not significantly affect individual privacy interests may be made at any time and without prior notice. Crowdmark recommends that you check this webpage periodically in order to review the current Privacy Policy. You can tell if this Privacy Policy has changed by checking the effective date that appears at the bottom of this Policy."
Where it says this ↗Your personal data may be aggregated into statistics
Your personal data is aggregated into statistics
From Privacy Policy: "Crowdmark may remove personal identifiers, such as your name, from your personal information and Content and maintain the information in non-personalized, aggregate form that may later be combined with other information to generate anonymous, aggregated statistical information." Note also that "Crowdmark may give or sell such anonymous, aggregated group data to Crowdmark’s affiliates, business partners, service providers and vendors; if it does so, Crowdmark will not disclose your individual identity or personal information."
Where it says this ↗No guarantee is made reguarding the accuracy and/or reliability of the information provided
The service does not guarantee accuracy or reliability of the information provided
Created by Docbot version v3
Where it says this ↗The service can stop being provided at any time
They may stop providing the service at any time
Created by Docbot version v3
Where it says this ↗
Good 1
The data retention period is kept to the minimum necessary for fulfilling its purposes
The service's data retention period is kept to the minimum necessary for fulfilling its purposes
According to the Privacy Policy, "At its most basic level, Crowdmark wants to create lifelong accounts that store every assessment ever written by every student, teacher, instructor, marker, grader that has an account with Crowdmark." With this purpose in mind, "Crowdmark will store and retain your name, e-mail address for as a long as you maintain a Crowdmark account so that Crowdmark can offer you and its other users the services you and they want and expect to receive from Crowdmark. Crowdmark will only store payment information, if any is collected, for as long as is necessary to process and complete a transaction, whether a one-time transaction on a reoccurring basis."
Where it says this ↗
If you have a Crowdmark account
Serious 1
You waive your moral rights
You waive your moral rights, that you, as author, have or may in your Content
From Terms of Service: "You hereby waive, in favour of Crowdmark, your moral rights under Canada’s Copyright Act or any successor legislation or similar law under the laws of Canada or the laws of other countries, that you, as author, have or may in your Content."
Where it says this ↗
Bad 3
Your account can be deleted or permanently suspended without prior notice and without a reason
The service can delete your account without prior notice and without a reason
From the Terms of Service: "Crowdmark, in its sole discretion, has the right to terminate these Terms of Service, or to suspend, terminate or restrict your access to any of the Services, or any other Crowdmark service, for any reason and at any time without notice. If Crowdmark decides to terminate your access to any of the Services, Crowdmark may deactivate, suspend or delete your account or your access to your account, and may delete all Content uploaded, posted, or submitted to the Services through your account."
Where it says this ↗Your content can be licensed to third parties
This service can license user content to third parties
From Terms of Service: "By making Content available to Crowdmark or to others through the Services, you hereby grant Crowdmark and its licensors and third party service providers, without any additional consideration, a worldwide, irrevocable, perpetual, transferable, non-exclusive, royalty-free, fully paid up license (with a right to sublicense) (the Content Licence) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, incorporate, reformat, translate, excerpt, and distribute Content provided through your account, or any part thereof, including in personalized form and in aggregated, anonymous form, through any or all media or distribution methods (whether now known or hereafter developed)." Here they have a right to sublicense.
Where it says this ↗A license is kept on user-generated content even after you close your account
This service keeps a license on user-generated content even after users close their accounts.
From Terms of Service: "By making Content available to Crowdmark or to others through the Services, you hereby grant Crowdmark and its licensors and third party service providers, without any additional consideration, a worldwide, irrevocable, perpetual, transferable, non-exclusive, royalty-free, fully paid up license (with a right to sublicense) (the Content Licence) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, incorporate, reformat, translate, excerpt, and distribute Content provided through your account, or any part thereof, including in personalized form and in aggregated, anonymous form, through any or all media or distribution methods (whether now known or hereafter developed)." Here "worldwide, irrevocable, perpetual" means they keep the license even after closing.
Where it says this ↗
Worth knowing 1
Your content can be distributed through any media known now or in the future
This service employs a broad copyright license over user content including the right to distribute through any media
From Terms of Service: "By making Content available to Crowdmark or to others through the Services, you hereby grant Crowdmark and its licensors and third party service providers, without any additional consideration, a worldwide, irrevocable, perpetual, transferable, non-exclusive, royalty-free, fully paid up license (with a right to sublicense) (the Content Licence) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, incorporate, reformat, translate, excerpt, and distribute Content provided through your account, or any part thereof, including in personalized form and in aggregated, anonymous form, through any or all media or distribution methods (whether now known or hereafter developed)."
Where it says this ↗
Good 2
You have the right to leave this service at any time
From Terms of Service: "If you choose to cancel your Crowdmark account you are solely responsible for doing in accordance with Crowdmark’s then current cancellation procedure (the Cancellation Procedure) set out on Crowdmark’s website at crowdmark.com If you follow the Cancellation Procedure, Crowdmark will, subject to any licences granted hereunder, cancel you account immediately and Crowdmark will use reasonable efforts to delete all Content uploaded, posted or submitted to the Services from your account promptly after cancellation."
Where it says this ↗You maintain ownership of your content
You maintain ownership of your data
From Terms of Service: "You retain your ownership in and to Content you submit, post or upload to the Services, and your use of the Services does not transfer any ownership from you to Crowdmark."
Where it says this ↗
The documents
Ratings by ToS;DR volunteers; they can lag behind the current terms. Not legal advice.