We’re making updates to our Terms of Use and Privacy Policy

This agreement contains an arbitration clause and class action waiver in Section 10 that affects your rights under this agreement. Except for certain types of disputes mentioned in Section 10, you and Learning Commons agree that (1) disputes between us will be resolved by individual binding arbitration, and (2) you and Learning Commons waive any right to participate in a class-action lawsuit, class-wide arbitration, or any other representative action.

1. Introduction

Welcome to Learning Commons. Your access and use of our website, models, data, software, applications, features, tools, interfaces, documentation, and other content (collectively, the “Services”), made available by us is governed by these terms of use (“Terms”). 

Please read these Terms carefully. By accessing or if applicable, registering for the Services, you accept these Terms and agree to be legally bound by them. Additionally, you agree to comply with applicable laws and our Community Guidelines, which is incorporated by reference into these Terms. If you do not agree to these Terms, please do not use the Services.

For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of an organization then “you” includes you and that organization, and you represent and warrant that (a) you are an authorized representative of the organization with the authority to bind the organization to these Terms, and (b) you agree to these Terms on the organization’s behalf.

2. Eligibility; account & service availability; additional terms

2.1 Eligibility

In order to use the Services, you must be 18 years of age or older.

2.2 Credentials; Accounts; Service availability

Learning Commons may provide access tokens, API keys, or similar credentials (“credentials”) to you to enable access to the Services. You are responsible for maintaining the confidentiality of your credentials and for any actions taken under those credentials. Credentials are non-transferable and may not be shared or sold.  You must use any credential-based access in accordance with these Terms, our Privacy Policy, our Community Guidelines, and all applicable laws, including those governing the collection and use of personal information (such as FERPA, COPPA, or GDPR, where applicable). Learning Commons may monitor usage and may revoke or suspend credentials at any time for misuse, security concerns, excessive usage, or suspected or actual violation of these Terms.

Further, accessing certain parts of the Services may require you to create an account. In order to create an account, you agree that all information you provide us is accurate, complete, and up to date. You are solely responsible for maintaining the confidentiality and security of your account and any associated password. Any activity on your account is your responsibility, and we are not liable for any acts or omissions in connection with your account.

• If you suspect that your account or password has been compromised, stolen, or misappropriated, notify us immediately at support@learningcommons.org.
• You agree not to create a new account if we have previously removed your account or restricted your access to the Services, unless explicitly authorized by us.

We reserve the right to modify, update, pause, suspend, or discontinue the Services at any time. We strive to maintain continuous availability but make no guarantees regarding the availability of the Services.

2.3 Additional terms

You may be prompted to agree to additional policies or terms (as applicable) when accessing certain tools or parts of the Services, such as the Curriculum Sync -Specific Terms below, a product evaluation agreement, or a data processing agreement. You acknowledge and agree that your use of those tools or parts of the Services are subject to those policies and/or terms.

3. Content & intellectual property

3.1 Learning Commons’ rights in the Services

We reserve all rights, title, and interest in the Services. Using the Services does not give you any right, title, or interest in our Services, other than the right we explicitly grant you herein. The rights in trademarks, service marks, graphics, and logos used for our Services, whether registered or unregistered, are reserved by us or our licensors. Use of our name, logos, or any other brand elements requires prior written permission. To request permission, please contact us at support@learningcommons.org or through your partnerships representative, if applicable. Our Services may also include trademarks of our licensors or others, who reserve all of their rights in them.

3.2 Your content and license to Learning Commons’ Services

“User Content” refers to text, files, images, videos, or other materials you may upload, submit, publish, display, or otherwise make available to a large language model provider to access and/or use the Services (e.g., inputs to an LLM provider to access our MCP server). 

As between you and Learning Commons, you retain your ownership rights in User Content. However, you grant us a worldwide, non-exclusive, royalty-free, transferable, perpetual, and irrevocable license (with the right to sublicense) to use, modify, reproduce, publicly perform and display, distribute, host and process your User Content, in order to provide, operate, develop, and improve the Services or otherwise in support of our mission, including without limitation training of machine learning models. However, any contributions you make via our GitHub repository will be controlled by the contribution terms for that repository.

3.3 Monitoring and removal

Learning Commons reserves the right to monitor and audit your use of the Services including your User Content to ensure compliance with these Terms. We may remove or restrict access to any of your User Content at our discretion if it violates these Terms, our Community Guidelines, or is otherwise objectionable.

3.4 Feedback

We welcome suggestions, comments, ideas, and reported issues or problems (“Feedback”) to improve the Services. By providing Feedback, you assign to us all rights, title, and interest in the Feedback, with no entitlement to compensation or rights to any resulting improvements. If such assignment is not permitted by law, you grant us a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide, perpetual license to use the Feedback for any lawful purpose. 

In certain instances, including but not limited to user experience research opportunities, we may provide a thank you gift. You will be notified prior to starting a research opportunity whether a thank you gift may be included. Thank you gifts are subject to limitations, and not all Feedback providers will receive a thank-you gift. Applicable laws, including but not limited to school policies, may restrict your ability to receive this gift and/or require you to disclose its value. You are solely responsible for compliance with such laws and policies.

To the extent you are invited to and agree to provide Feedback, you acknowledge and agree to the following consent terms:

• you may stop participating in a Feedback session at any time or decline to answer any question;
• with your consent, Learning Commons may record the Feedback session (by audio, video, screen or session recording, or other means) but Learning Commons will not distribute or display such recording to the public; and
• you will not provide students’ personally identifiable information unless your School has obtained the necessary consents.

3.5 Confidentiality

You agree that Feedback is confidential, as well as any and all information disclosed to us by you, or accessed or provided by you, relating to Learning Commons, including your use of tools (e.g., Curriculum Sync) and/or participation in user experience research with Learning Commons (“Confidential Information”). You agree that you: (a) will not use any Confidential Information other than as necessary under these Terms; (b) will maintain Confidential Information in strict confidence and will use at least the same degree of care to protect it as you use to protect your own confidential information, but in no circumstances less than reasonable care; and (c) will not disclose the Confidential Information to any person or entity. You will not make any public announcements related to Learning Commons without our prior written approval, which we may grant or withhold in our sole discretion.

4. Your Obligations

4.1 Compliance with Applicable Laws

You must access and use Services in compliance with all applicable laws, rules, and regulations, including but not limited to the Family Educational Rights and Privacy Act (FERPA) and the US Children’s Online Privacy Protection Act (COPPA). To the extent applicable by law, you are responsible for obtaining consents and determining that your access or use of the Services is permitted (such as a School that wishes to use Curriculum Sync).

4.2 Restrictions

You must not (a) reproduce, rent, sell, modify, translate, decompile, disassemble, or reverse engineer Learning Commons Services; misuse or infringe our or any third party’s intellectual property rights or other proprietary personal or legal rights; (c) circumvent or attempt to circumvent or disable any security or technological features or measures that protect Learning Commons or otherwise compromise the security or integrity of the Services, including by introducing malware; (d) attempt to bypass rate limits, quota controls, or usage safeguards for credentials; or (e) access the Services in any way not authorized by these Terms or that violates any applicable law or our Community Guidelines.

4.3 Responsibilities

You are solely responsible for the User Content you provide through the Services. You represent and warrant that: (a) you have all necessary rights, licenses, or permissions to provide your User Content, (b) your User Content does not infringe any third-party rights, (c) your User Content does not contain any personal data, and (d) your User Content complies with all applicable laws, these Terms, and our Community Guidelines.

5. Third party services and integrations

5.1 Authentication Service

Services may require authentication via third-party services (e.g., Google or Microsoft) (each an “Authentication Service”) or integrate with an LMS. By accessing Services or otherwise granting access to an Authentication Service, you agree that Learning Commons may access your Authentication Service’s account information for the limited purpose of authenticating you before you can access Services (i.e., single-sign on or SSO). You understand and acknowledge that we may store and use certain information already associated with the Authentication Service consistent with our Privacy Policy. You also agree to any and all terms and conditions of the Authentication Service regarding your use of Services via the Authentication Service.

You may revoke our access to a tool on any Authentication Service at any time by updating the appropriate account settings of the respective Authentication Service. You agree to check your account settings on each Authentication Service to understand the information sent to us through each Authentication Service and any changes you can make in those account settings. You agree that any Authentication Service is a Reference Site, as defined below, and you are solely responsible for your interactions with the Authentication Service as a result of accessing Services through the Authentication Service. Learning Commons does not control the practices of Authentication Services, and you agree that you have been advised to read the privacy policy and terms and conditions of any Authentication Service that you use to understand their practices. You will keep your Authentication Service account information confidential and be responsible for all of your access to Services. If you suspect any unauthorized access, please contact us at security@learningcommons.org.

5.2 Reference Site

Learning Commons may include links, references, or integrations to third-party web sites, platforms, or services (each a “Reference Site”) for your convenience. For example, our Services may connect to large language model providers, an LMS, or other Reference Sites. These Reference Sites are not under our control, and we are not responsible for their content, functionality, or privacy practices. We do not endorse or make any representations about Reference Sites or any information, software, materials, products, or services found there. Your access and/or use of any Reference Site, including any exchange of information, is governed by the terms and privacy policies of those third parties. You access and use Reference Sites at your own risk.

6. Privacy

Our Privacy Policy describes how we handle personal information. To learn more about our privacy practices, please see our Privacy Policy.

7. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, YOU AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE TOOLS MAY CONTAIN ERRORS, OMISSIONS, BUGS, AND THEIR FUNCTION MAY BE INTERRUPTED. TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, LEARNING COMMONS [], ITS PARENTS, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (THE “PROTECTED PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE PROTECTED PARTIES MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE SERVICES; (B) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES; (C) THE OPERATION OR COMPATIBILITY WITH ANY OTHER APPLICATION OR PARTICULAR SYSTEM OR DEVICE; (D) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS; AND (E) THE DELETION OF, OR FAILURE TO STORE OR TRANSMIT, YOUR USER CONTENT, AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE PROTECTED PARTIES OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN.

THE LAW OF SOME STATES DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

THE PROTECTED PARTIES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY USER CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES.

8. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, YOU AGREE THAT IN NO EVENT WILL THE PROTECTED PARTIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE PROTECTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES.

IN NO EVENT SHALL THE PROTECTED PARTIES’ LIABILITY (INCLUDING DIRECT DAMAGES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

THE LAW OF SOME STATES DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

9. Indemnification

By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Protected Parties harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Protected Parties arising out of or in connection with: (a) your violation or breach of these Terms, our Community Guidelines, or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Services; (d) your User Content, or (e) your negligence or wilful misconduct. If you are obligated to indemnify any Protected Parties hereunder, then you agree that Learning Commons (or, at its discretion, the applicable Protected Parties) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Learning Commons wishes to settle, and if so, on what terms, and you agree to fully cooperate with Learning Commons in the defense or settlement of such claim

10. Arbitration agreement and class action waiver

THIS SECTION CONSTITUTES AN ARBITRATION AGREEMENT (“Arbitration Agreement”). IT REQUIRES YOU AND LEARNING COMMONS TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION, SO PLEASE READ IT CAREFULLY.

10.1 Applicability

In the unlikely event we end up in a legal dispute, you and Learning Commons agree that all Disputes, including Enforceability Disputes, will be resolved exclusively in binding arbitration on an individual basis, except that you and Learning Commons are not required to arbitrate IP Disputes. 

Notwithstanding the foregoing, either you or Learning Commons may bring an individual action in small claims court.

(1) A “Dispute” means a dispute, claim or controversy arising out of or relating to the Services or these Terms; whether that dispute is (1) based on past, present or future events; or (2) in tort, contract, warranty, state, regulation, or other legal or equitable basis.

(2) An “Enforceability Dispute” means a Dispute relating to the interpretation, applicability, or enforceability of this Arbitration Agreement, including the formation of the contract, the arbitrability of any Dispute, and any claim that all or any part of this agreement is void or voidable.(3) An “IP Dispute” means a Dispute relating to the ownership or enforcement of intellectual property rights.

10.2 Waivers

(1) Waiver of Jury Right. YOU AND LEARNING COMMONS ARE EXPRESSLY GIVING UP ALL RIGHTS TO A JURY TRIAL OR COURT TRIAL BEFORE A JUDGE, EXCEPT AS EXPRESSLY PROVIDED IN THIS ARBITRATION AGREEMENT. The arbitrator’s decision will be final and binding on both you and us, subject to review solely on the grounds set forth in the Federal Arbitration Act (“FAA”).

(2) Waiver of Class or Consolidated Actions. YOU AND LEARNING COMMONS AGREE THAT ALL DISPUTES MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS. The validity of this waiver – and whether an action may proceed as a class, collective, or representative action – must be decided by a court.

10.3 Initiating a Dispute

To initiate a Dispute, a party must send to the other party written notice of that Dispute containing: (a) the name, address, and contact information of the party giving notice; (b) the facts giving rise to the Dispute; and (c) the relief requested. Notices sent to Learning Commons must be sent by mail to the address provided in Section 14 below.

You and we agree that the parties shall (in good faith) meet and attempt to resolve the Dispute within 30 days. If the Dispute is not resolved during that time period, then you and a representative of Learning Commons shall (in good faith) meet and attempt to resolve the Dispute through non-binding mediation with a mutually agreed-upon mediator within 30 additional days. If you and we do not reach an agreement to resolve the dispute within that 60-day period, you or we may commence an arbitration proceeding or file a claim in small claims court.

10.4 Arbitration rules and procedure

(1) Rules. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Judicial Arbitration & Mediation Services, Inc. (“JAMS”) will administer the arbitration before a single arbitrator, and the arbitration will be initiated and conducted according to the Streamlined Arbitration Rules and Procedures (the “JAMS Rules”), to the extent they are not inconsistent with the terms of this Arbitration Agreement. The JAMS Rules and instructions about how to initiate an arbitration are available at https://www.jamsadr.com/rules-streamlined-arbitration (as of the date of this agreement) or 1-800-352-5267.

(2) Fees. Pursuant to the JAMS Consumer Arbitration Minimum Standards, Learning Commons will bear all costs of the arbitration (including any JAMS Case Management Fee and all professional fees for the arbitrator’s services), except for the filing fee if you are the party initiating the arbitration.

(3) Manner and Location of Arbitration. You may choose to have the arbitration conducted by telephone, in writing, online, or in person. If in person, you may choose to have the arbitration conducted (a) in San Mateo County, California, (b) if you are not domiciled in the United States, in your country of domicile, or (c) at another location that you and we agree upon.

10.5 Opt out

You may opt out of this Arbitration Agreement by notifying us no later than 30 days after first becoming subject to it. Your notice must include your name, address, and a clear statement that you want to opt out of this Arbitration Agreement. Notices sent to Learning Commons must be sent by mail to the address provided in Section 14 of this Agreement.

10.6 Severability

If any portion of this Arbitration Agreement is found to be unlawful, void or for any reason unenforceable, then that portion shall be severed and the remainder of this Arbitration Agreement shall be given full force and effect.

11. General Terms

11.1 Entire Agreement and Waiver

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and your use of the Services, and supersedes all other agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof. If any provision of these Terms is found unlawful or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions, and any unenforceable terms will be reformed to the extent possible to reflect the intent of the parties. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.

11.2 Governing law

These Terms and any Dispute between you and Learning Commons will be governed by California law and/or applicable federal law (including the Federal Arbitration Act) without regard to its choice of law or conflicts of law principles.

11.3 Jurisdiction and venue

Subject to and without waiver of the Arbitration Agreement, you agree that any judicial proceedings (other than small claims actions) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the city and county of San Mateo, California, or federal court for the Northern District of California. For countries where this is not permissible, this won’t deprive you of any protection you have under the law of the country where you live, or access to the courts in that country.

11.4 Assignment

You may not assign or transfer your rights or obligations under these Terms (or your participation in the Services) to anyone without our consent. However, you agree that Learning Commons may assign these Terms in connection with a reorganization, or to a successor or assign or affiliate that agrees to assume our obligations under these Terms (and Privacy Policy) without your consent. There are no third-party beneficiaries to these Terms.

11.5 Notices

You agree the only way to provide us legal notice is at the address provided in Section 14 below.

12. Update to Terms

We may modify these Terms from time to time in which case we will update the “Last Updated” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a notice on the Services. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms. No amendment shall apply to a dispute for which an arbitration has been initiated prior to the change in Terms.

13. Termination of access

If you breach any of the provisions of these Terms, all of your rights under these Terms will automatically terminate. Learning Commons may also suspend, disable, or delete your account and/or suspend, terminate or restrict your access to the Services, with or without notice and for any or no reason. 

In the event of account deletion, Learning Commons may, but is not obligated to, delete any of your User Content. Learning Commons assumes no responsibility for any failure to delete or for any deletion of your User Content. Provisions of these Terms that naturally survive termination will remain in effect, and termination will not limit any other rights or remedies available to Learning Commons under law or equity.

14. How to contact us

If you have any questions about these Terms, our Privacy Policy, or our Community Guidelines, please contact privacy@learningcommons.org.

You can also reach us by mail at:

Learning Commons c/o Chan Zuckerberg Initiative
2682 Middlefield Road, Suite i
Redwood City, CA 94063
Attn: General Counsel

15. Product-Specific Terms

15.1 Curriculum Sync Terms

Learning Commons offers Curriculum Sync (“Curriculum Sync”), a tool under development that enables schools and districts to load, manage, and use educational curriculum through a learning management system (“LMS”). Curriculum Sync does not access, collect, or process student data. These Curriculum Sync Terms (“Curriculum Sync Terms”) supplement these Learning Commons Terms of Use and apply to your access and use of Curriculum Sync.

15.1.1 Eligibility and Authority to Use Curriculum Sync

Curriculum Sync is made available to educational institutions (e.g., a school district or school) (each a “School”) to be used by an educator (“Educator”) or other authorized school personnel, such as principals, administrators, or school district personnel (“School Leader”). Curriculum Sync can also be used by a partner organization engaged in education-related research and development (“Partner”). 

If you are a School Leader, you represent that you have the authority to bind your School to these Curriculum Sync Terms, in which case the terms “you” or “your” shall refer to such School. If you are an Educator, you represent that you have obtained authorization from your School Leader (and can provide proof of such authorization upon request). If you do not have such authority or if you do not agree with these terms and conditions, you must not accept the Curriculum Sync Terms and may not use Curriculum Sync.

15.1.2 Use of Curriculum Sync as a Beta Tool

Curriculum Sync is a beta tool and remains under active development. As such, it may contain errors, experience interruptions, or lack certain features. We may modify, suspend, or discontinue access to Curriculum Sync (or any part of it) at any time, with or without notice. By using Curriculum Sync, you understand and agree that it is provided “AS IS” and “AS AVAILABLE”, without warranties of any kind, and subject to the disclaimers and limitations of liability set forth in the Terms.

15.1.3 Compliance with Applicable Laws and IP Rights

In addition to you agreeing to comply with all applicable laws under Section 4.1 of the Terms, you are responsible for obtaining the appropriate rights and/or licenses to the educational curriculum you wish to use with Curriculum Sync. We are not responsible and disclaim any liability for your access and/or use of educational curriculum in connection with Curriculum Sync.

15.1.4 No Commercial Purpose

You are not permitted to use Curriculum Sync for commercial purposes. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purpose, any portion of Curriculum Sync.

15.1.5 Curriculum Sync-Specific Notices and Messages

You agree that we can provide notices and messages to you (and your school, if applicable) related to Curriculum Sync in the following ways: (1) within Curriculum Sync, if applicable, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date. Please see our Privacy Policy for more information on how we may contact you and how you may unsubscribe from these communications.

This Learning Commons Privacy Policy (“Privacy Policy”) provides information on how Learning Commons collects, uses, maintains, accesses, and discloses information about you (“Personal Data”) in connection with your use of Learning Commons’ digital platforms including learningcommons.org (collectively the “Services”). For certain Services, such as Curriculum Sync, we may offer additional terms that describe data practices specific to that product. Please refer to our Terms of Use for product-specific terms where applicable.

This Privacy Policy applies only to our own websites and services. It does not apply to your use of third-party services, such as large language models providers that may connect to our Model Context Protocol (MCP) server. Such third parties  are governed by their own privacy policies.

California residents can find specific disclosures, including “Notice at Collection” details, in the California Privacy Rights section below.

Personal Data we collect

The Personal Data we collect depends on how you interact with us, the Services you use, and the choices you make. We collect information about you from different sources and in various ways when you use our Services, including information you provide directly, information collected automatically, information from third-party data sources, and data we infer or generate from other data.

Information you provide directly. We collect Personal Data you provide to us. For example:

• Name and contact information, including names, usernames, and contact details such as email addresses.
• Account access information. If you create an account, we will collect information such as a username in combination with a password, security or access code, or other credential that allows access to your account.
• Professional and employment related information, such as details about your employer and your job title. If you apply for employment, we will collect your resume and other relevant background information. For more information about the data we collect, how we use and share that data, and your legal rights concerning information collected during the hiring process please see our Privacy Policy for Job Applicants.

Information we collect automatically. When you use our Services, we collect some information automatically. For example:

• Identifiers and device information. When you visit our websites or access our Services, our web servers automatically log your Internet Protocol (IP) address and information about your device, including device identifiers (such as MAC address); device type; credentials (as provided by us); and your device’s operating system, browser, and other software including type, version, language, settings, and configuration. As further described in the “Cookies, Mobile IDs, and Similar Technologies” section below, our websites and online services store and retrieve cookie identifiers, mobile IDs, and other data.
• Usage data. We automatically log your activity on our Services, including the URL of the website from which you came to our sites, pages you viewed, how long you spent on a page, access times, the credentials used, and other details about your use of and actions on our websites.

Information we obtain from other sources/integrations. Depending on the type and nature of our Services (including our integrations), we may also receive Personal Data about you from other sources, including third parties, partners, our affiliates, or publicly available sources. For example, if you submit a job application, or become an employee, we may conduct a background check where permitted by law. Another example is our MCP server integrations with large language model providers or other large language model/API services that use the same MCP standard protocol.

• Curriculum Sync : Curriculum Sync is a curriculum loading tool made available to schools and educators. The access and use of educational curriculum occurs within the school’s learning management system (LMS) environment, which is governed by that LMS provider’s privacy practices. Curriculum Sync may collect personal information and log certain operational data (e.g., school identifiers, course load attempts, status, error messages) solely for the purpose of debugging and product improvement, and such information and logs do not contain student information.

Cookies, mobile IDs, and similar technologies

We use cookies, web beacons, mobile analytics and advertising IDs, and similar technologies to operate our websites and online services and to help collect data, including usage data, identifiers, and device information.

What are cookies and similar technologies? 

Cookies are small text files placed by a website and stored by your browser on your device. A cookie can later be read when your browser connects to a web server in the same domain that placed the cookie. The text in a cookie contains a string of numbers and letters that may uniquely identify your device and can contain other information as well. This allows the web server to recognize your browser over time, each time it connects to that web server.

Web beacons are electronic images (also called single-pixel or clear GIFs) that are contained within a website or email. When your browser opens a webpage or email that contains a web beacon, it automatically connects to the web server that hosts the image (typically operated by a third party). This allows that web server to log information about your device and to set and read its own cookies. In the same way, third-party content on our websites (such as embedded videos, or plug-ins) results in your browser connecting to the third-party web server that hosts that content. We may also include web beacons in our email messages or newsletters to tell us if you open and act on them.

Mobile analytics and advertising IDs are generated by operating systems for mobile devices (iOS and Android) and can be accessed and used by apps in much the same way that websites access and use cookies. Our apps contain software that enables us and our third-party analytics partners to access these mobile IDs.

How do we and our partners use cookies and similar technologies?

We, and our analytics and advertising partners, use these technologies in our websites, apps, and online services to collect Personal Data (such as the pages you visit, the links you click on, and similar usage information, identifiers, and device information) when you use our Services, including Personal Data about your online activities over time and across different websites or online services. This data is used to store your preferences and settings, analyze how our websites and apps perform, track your interaction with the site or app, develop inferences, protect security, and fulfill other legitimate purposes. We and/or our partners also share the data we collect or infer with third parties for these purposes, including to display advertising for Learning Commons on third-party platforms. We do not display third-party advertisements on our Site. For more information about the third-party analytics and advertising partners that collect Personal Data on our Services, please see the “Disclosure of Personal Data” section of this Privacy Policy.

What controls are available? 

There are a range of cookie and related controls available through browsers, mobile operating systems, and elsewhere. See the “Choice and Control of Personal Data” section below for details.

For additional information and/or specific questions related to Learning Commons’ cookies policy please contact us as described in the “Contact Us” section below.

Use of Personal Data

We use the Personal Data we collect for purposes described in this Privacy Policy or as otherwise disclosed to you. For example, we use Personal Data for the following purposes:

• Product and service delivery. To provide and deliver our Services, including troubleshooting, improving, and personalizing those Services.
• Organizational operations. To operate our organization, such as accounting, improving our internal operations, securing our systems, detecting fraudulent or illegal activity, and meeting our legal obligations.
• Product improvement, development, and research. To develop new services or features and to conduct research.
• Personalization. To understand you and your preferences to enhance your experience and enjoyment using our Services.
• Communications. To send you information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.
• Marketing/Advertising. To communicate with you about new services, offers, promotions, upcoming events, and other information about our Services. We may also display targeted advertising about our Services to you on third-party platforms (e.g., social media)  (see the “Cookies” and “Choice and Control” section of this Privacy Policy for information about how to change your preferences for promotional communications).

Integrations. For our MCP services and integrations, we may collect minimal user data which does not constitute personal data necessary only to provide access to and receive information from our MCP server (i.e., learning standards or learning components). Generally, such data are parts or parameters from a user’s user prompts, inputs, or queries but not the entire prompt, input, or query itself. We do not have access or store LLM-generated outputs (e.g., chatbot responses). We use the limited information provided by the large language model to retrieve the specified information. We do not communicate with end-user clients (or intentionally collect, process, or share end user’s personal data). In the unlikely event that personal data is transmitted inadvertently (e.g., if included in a user request handled by a large language model provider), we apply minimization, retention, and encryption practices to protect that data. We may also log certain events and activities for debugging and system maintenance, including but not limited to the request, use, or activity related to credentials.

Disclosure of Personal Data

We disclose Personal Data with your consent or as we determine necessary to complete your transactions or provide the services you have requested or authorized. In addition, we disclose each of the categories of Personal Data described above, to the types of third parties described below, for the purposes described in this Privacy Policy:

• Service providers. We provide Personal Data to vendors or agents working on our behalf for the purposes described in this Privacy Policy. For example, companies we’ve hired to assist in protecting and securing our systems and Services may need access to Personal Data to provide those functions.
• Affiliates. We enable access to Personal Data across our affiliates and related entities, for example, where we share common data systems or where access helps us to operate our organization and provide our Services. Our affiliates include CZI, LLC; but do not include Meta or any Meta affiliates.
• Corporate transactions. We may share your personal data in connection with a merger, reorganization, or sale of all or a portion of our organization or assets.
• Legal and law enforcement. We will access, disclose, and preserve Personal Data when we believe doing so is necessary to comply with applicable law or respond to valid legal process, including from law enforcement, national security, or other government agencies.
• Security, safety, and protecting rights. We will disclose Personal Data if we believe it is necessary to:
  • protect our customers and others, for example to prevent spam or attempts to commit fraud, or to help prevent the loss of life or serious injury of anyone;
  • operate and maintain the security of our Services, including to prevent or stop an attack on our computer systems or networks; or
  • protect the rights or property of ourselves or others, including enforcing our agreements, terms, and policies.

Third party analytics and targeted advertising providers may collect Personal Data through our website and apps including identifiers and device information (such as cookie IDs, device IDs, and IP address), geolocation data, usage data, and inferences based on and associated with that data, as described in the “Cookies” section of this Privacy Policy. These third-party vendors may combine this data across multiple sites to improve analytics for their own purpose and others.  For example, we utilize Google Analytics, a web analysis service provided by Google, to collect certain Personal Data, such as how often users visit the Services or what pages they visit. To learn more about how Google collects and processes Personal Data, please visit here.  For more information about how to opt out of having your Personal Data used by Google Analytics, visit here.

Some of the data disclosures to these third parties may be considered a “sale” or “sharing” of personal information as defined under the laws of California and other U.S. states.  These third parties use the data we provide for analytics or to help us advertise our own Services — not for their own direct marketing or advertising purposes. Please see the “Choice and Control” and “California Privacy Rights” sections below for more details.

Some of our Services also include integrations, references, or links to services provided by third parties whose privacy practices differ from ours. An example is our MCP server integrations (such as with large language model providers). For such integrations, we will not share or disclose the limited data shared with us to third parties.

For tools such as Curriculum Sync, users may authenticate using third-party platforms such as Google or Microsoft and may interact with external systems like learning management systems (LMSs). When doing so, authentication and data flows are governed by the respective third party’s privacy policies. Learning Commons does not collect student information from these platforms, and any access to account-level data is limited to what is necessary for authentication and tool functionality.

Another example is certain tools on the Services point to related resources hosted on GitHub (https://github.com).  If you provide Personal Data to any of those third parties, or allow us to share Personal Data with them, that data is governed by their privacy policies.

Finally, we may disclose de-identified information in accordance with applicable law.

Choice and control of Personal Data

We provide a variety of ways for you to control the Personal Data we hold about you, including choices about how we use that data. In some jurisdictions, these controls and choices may be enforceable as rights under applicable law.

Access, portability, correction, and deletion.  If you wish to access, correct, or delete Personal Data about you that we hold, you may submit a request by emailing us at privacy@learningcommons.org.

Communications preferences. You can choose whether to receive promotional communications from us by email. You may unsubscribe from the Marketing and Communications Services emails at any time by clicking the unsubscribe button in the email communication or by contacting us as described in the “Contact Us” section below. These choices do not apply to certain informational communications including surveys and mandatory service communications.

Targeted Advertising. To opt-out from or otherwise control the use of data collected on our Services to display targeted advertising on third-party platforms, you have several options. First, you can opt-out of this practice by clicking the Do Not Sell or Share My Personal Information link or the link provided in the footer of the website and turn off the toggle switch for Marketing and Social Media Cookies. Or you can use the Global Privacy Control setting in a web browser or browser extension as described below. You can use the opt-out controls offered by the organizations our advertising partners may participate in, which you can access at:

• United States: NAI (https://optout.networkadvertising.org) and DAA (https://optout.aboutads.info/)
• Canada: Digital Advertising Alliance of Canada (https://youradchoices.ca/)
• Europe: European Digital Advertising Alliance (https://www.youronlinechoices.com/)

Or, you can use the other cookie or mobile ID controls described below.

These choices are specific to the device or browser you are using. If you access our Services from other devices or browsers, take these actions from those devices or browsers to ensure your choices apply to the data collected when you use them.

Data sales. Some privacy laws define “sale” broadly to include some of the disclosures described in the “Our Disclosure of Personal Data” section above, in particular those related to targeted advertising. To opt-out from such data “sales” you may use the targeted advertising controls described above.

Browser or platform controls.

• Cookie controls. Most web browsers are set to accept cookies by default. If you prefer, you can go to your browser settings to learn how to delete or reject cookies. If you choose to delete or reject cookies, this could affect certain features or services of our website. If you choose to delete cookies, settings and preferences controlled by those cookies, including advertising preferences, may be deleted and may need to be recreated.
• Global Privacy Control. Certain browsers or browser extensions enable you to instruct websites not to share your personal data for cross-contextual behavioral advertising via the Global Privacy Control. If you have activated Global Privacy Control in your browser or extension, we will honor those requests that our Sites can recognize by disabling targeting cookies and similar technologies. Please be aware that we may not always be able to link an opt-out preference signal to other user data, such as your email address.
• Do Not Track. Some browsers include a “Do Not Track” (DNT) setting that can send a signal to the websites you visit indicating you do not wish to be tracked. Unlike the GPC described above, there is not a common understanding of how to interpret the DNT signal; therefore, our websites do not respond to browser DNT signals. Instead, you can use the range of other tools to control data collection and use, including the GPC, cookie controls, and advertising controls described above.
• Mobile advertising ID controls. iOS and Android operating systems provide options to limit tracking and/or reset the advertising IDs.

Email web beacons. Most email clients have settings that allow you to prevent the automatic downloading of images, including web beacons, and the automatic connection to the web servers that host those images.

Before processing your request, we will take reasonable steps to verify your identity, which will include verifying that the email address from which you submit the request matches the email address we maintain on file for you. In some cases, we may ask that you provide additional information or take additional actions to verify your identity.  You may also designate an authorized agent to make a request on your behalf. The authorized agent may submit the request through our Privacy Portal and will be required to provide proof that they have been authorized to act on your behalf. If the authorized agent does not provide such proof, you will be required to confirm your identity and the authenticity of the request.

Except for the automated controls described above, if you send us a request to exercise your rights or these choices, to the extent permitted by applicable law, we may decline requests in certain cases. For example, we may decline requests where granting the request would be prohibited by law, could adversely affect the privacy or other rights of another person, would reveal a trade secret or other confidential information, or would interfere with a legal or contractual obligation that requires retention or use of the data. Further, we may decline a request where we are unable to authenticate you as the person to whom the data relates, the request is unreasonable or excessive, or where otherwise permitted by applicable law. If you receive a response from us informing you that we have declined your request, in whole or in part, you may appeal that decision by submitting your appeal using the contact details provided at the bottom of this Privacy Policy.

California Privacy Rights

If you are a California resident and the processing of personal information about you is subject to the California Consumer Privacy Act (CCPA), you have certain rights with respect to that information.

Notice at collection. At or before the time of collection, you have a right to receive notice of our practices, including the categories of personal information and sensitive personal information to be collected, the purposes for which such information is collected or used, whether such information is sold or shared, and how long such information is retained. You can find those details in this Privacy Policy by clicking on the above links.

Right to know. You have a right to request that we disclose to you the personal information we have collected about you. You also have a right to request additional information about our collection, use, disclosure, or sale of such personal information. Note that we have provided much of this information in this Privacy Policy. You may make such a “request to know” using the email address in the Contact Us section at the end of this Privacy Policy.

Rights to request correction or deletion. You also have rights to request that we correct inaccurate personal information and that we delete personal information under certain circumstances, subject to a number of exceptions. To make a request to correct or delete, please use the contact details provided in the Contact Us section at the end of this Privacy Policy.

Right to opt-out / “Do Not Sell or Share My Personal Information”. You have a right to opt-out from future “sales” or “sharing” of personal information as those terms are defined by the CCPA.

Note that the CCPA defines “sell,” “share” and “personal information” very broadly, and some of our data disclosures described in this Privacy Policy may be considered a “sale” or “sharing” under those definitions. In the past 12 months, we have sold or “shared” the following categories of personal information: (1) identifiers; (2) internet or other electronic network activity; (3) geolocation data; and (4) inferences drawn from internet or other electronic network activity. To opt-out from “sales” or “sharing” of personal information, you can visit our “Do Not Sell or Share My Personal Information” page or use the Global Privacy Control described in the “Choice and Control” section of this Privacy Policy.

We do not knowingly sell or share the personal information of minors under 16 years of age.

Right to limit use and disclosure of sensitive personal information. You have a right to limit our use of sensitive personal information for any purposes other than to provide the services or goods you request or as otherwise permitted by law. Note that we do not use sensitive personal information for any such additional purposes.

Finally, you have a right to not be discriminated against for exercising these rights set out in the CCPA.

Additionally, under California Civil Code section 1798.83, also known as the “Shine the Light” law, California residents who have provided personal information to a business with which the individual has established a business relationship for personal, family, or household purposes (“California Customers”) may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. Please be aware that we do not disclose personal information to any third parties for their direct marketing purposes as defined by this law.

Location of Personal Data

The Personal Data we collect may be stored and processed in your country or region, or in any other country where we or our affiliates, subsidiaries, or service providers process data, some of which may have laws that offer different levels of data protection than the country in which you reside. Currently, we primarily use data centers in the United States. The storage location(s) are chosen to operate efficiently and improve performance. We take steps to process and protect Personal Data as described in this Privacy Policy wherever the data is located.

Retention of Personal Data

We retain Personal Data for as long as necessary to improve products and services, debugging purposes,  provide the Services and fulfill the transactions you have requested, comply with our legal obligations, resolve disputes, enforce our agreements, and for other legitimate and lawful purposes.  Because these needs can vary for different data types in the context of different services and integrations, actual retention periods can vary significantly based on criteria such as user expectations or consent, the sensitivity of the data, the availability of controls that enable users to delete data, and our legal or contractual obligations. 

Security of Personal Data

Learning Commons holds the confidentiality, integrity, and availability of your Personal Data in the highest regard and takes reasonable and appropriate steps as part of its program to protect Personal Data it controls.

Changes to this Privacy Policy

This Privacy Policy may be revised at any time by Learning Commons updating this Privacy Policy and posting it on the Sites with an updated date. We encourage you to periodically visit this page to review the most recent Privacy Policy. 

Learning Commons may notify you of changes or updates to the Privacy Policy, or to request your consent for such changes, by additional means where required by law, such as posting a notice on the front of Learning Commons’ Site, and/or by sending you an e-mail.

Contact us

If you have questions regarding Learning Commons Privacy Policy, you may contact Learning Commons via email at: privacy@learningcommons.org.

Our address is: 

Learning Commons c/o Chan Zuckerberg Initiative
2682 Middlefield Road, Suite i
Redwood City, CA 94063