EDUCAUSE Analytics Services License Agreement and Acceptable Use Policy

1. Background

EDUCAUSE collects data about institutions and from individuals at higher education institutions in order to provide EDUCAUSE Analytics Services. Prior to participating in data collection efforts, a designee at each institution is asked to acknowledge EDUCAUSE's rights and restrictions (outlined in the section titled "License to EDUCAUSE") for providing data services by accepting this policy. Prior to accessing data, all users are asked to acknowledge their own rights and restrictions (outlined in the section titled "Sub-license to Institutions") for using EDUCAUSE Analytics Services Data by accepting this policy.

2. Purpose

This License Agreement and Acceptable Use Policy ("Agreement") sets forth the principles and terms that govern the use of data contained in EDUCAUSE Analytics Services, including, but not limited to data collected via: 

  • Institutional Profiles (e.g., Institutional Demographics and Technology Solutions)

  • Core Data Service (CDS) surveys

  • EDUCAUSE user study surveys

  • Custom Analytics projects

Users who access any EDUCAUSE Analytics Services are deemed to have agreed with the terms and conditions of this Agreement.

3. Definitions

The following definitions are used in this Agreement:

  • Institution: An institution is any higher education institution eligible to participate in any EDUCAUSE Analytics Service, as well as any institutional staff member or designated third party acting on the institution's behalf.

  • Institutional Data: Institutional Data is data contributed to any of the EDUCAUSE Analytics Services by an Institution for any purpose whatsoever.

  • User Survey Data: User Survey Data is data collected by EDUCAUSE Analytics Services from members (e.g., students or faculty) of Institutions.

  • User Log Data: User Log Data is data collected via a user's interactions with the EDUCAUSE Analytics Services web or portal environment.

  • Core Data Service (CDS): CDS is a repository of data about institutions and their information technology environments and practices; it consists of a set of annual surveys and a web-based data benchmarking system by which institutions—both campuses and multi-campus systems—can update and track their own institution's data and retrieve and benchmark against data from other institutions of interest. Users retrieve data through a self-service web-based tool that enables institutions to create custom peer groups of other institutions; interact with CDS data in dashboards and graphs; review metrics on IT staffing, funding, and services; and connect directly with other participating institutions.

  • EDUCAUSE Analytics Services: EDUCAUSE Analytics Services consists of any EDUCAUSE service, tool, or data collection and analysis that uses institutional or user data and provides identified, de-identified, and/or aggregate data back to institutional members, and connects members directly with other participating institutions. EDUCAUSE Analytics Services includes, but is not limited to, the EDUCAUSE Analytics Services Portal; Institutional Profiles (e.g., Institutional Demographics and Technology Solutions); CDS; student and faculty study data; institutional self-assessment data; and any custom analytics projects.

  • EDUCAUSE Analytics Services (EAS) Data: EDUCAUSE Analytics Services Data refers to all Institutional Data, User Survey Data, and User Log Data collected via EDUCAUSE Analytics Services and EDUCAUSE Derivative Works.

  • EDUCAUSE Derivative Works: EDUCAUSE Derivative Works are works created by EDUCAUSE and/or its relevant Service Providers derived from Institutional Data, User Survey Data, or User Log Data.

  • Service Provider: Any person or entity working on behalf of EDUCAUSE to analyze data, develop derivative works, or establish data services that are deemed by EDUCAUSE to be in the best interest of the EDUCAUSE community.

  • Third-Party Designee: Any person or entity existing apart from an Institution of higher education that has been appointed by or is formally acting on behalf of an Institution and has been expressly granted authority to access EDUCAUSE Analytics Services and EDUCAUSE Analytics Services Data.

4. License to EDUCAUSE

Each Institution that participates in any EDUCAUSE Analytics Services (EAS) data collection effort hereby grants to EDUCAUSE a perpetual, unlimited, sub-licensable right to any data collected through those efforts. EDUCAUSE may create derivative works based upon EAS Data and license and otherwise make available such derivative works to third parties for a fee. EDUCAUSE acknowledges that the EAS Data is the property of the Institution or user that provided such data, and that all right, title, and interest in and to such EAS Data, including associated intellectual property rights, are and shall remain with the relevant Institution or user.

Rights and Responsibilities of EDUCAUSE in Connection with EAS Data

In addition to the restrictions set forth above, the following policies govern the access and use of EAS Data by EDUCAUSE staff members and relevant Service Providers:

  • Accessing and storing data: 

    • EDUCAUSE, its staff, and relevant Service Providers will access EAS Data using individually unique credentials that they must not share.

    • EDUCAUSE, its staff, and relevant Service Providers will store EAS Data and provide access to it, as appropriate, in a secure manner.

  • Sharing data: 

    • EDUCAUSE, its staff, and relevant Service Providers will limit disclosure and use of EAS Data obtained from EDUCAUSE Analytics Services to EDUCAUSE staff and consultants with formal responsibilities related to the use of such EAS Data. This limitation applies to both institutionally identifiable and aggregated data. This limitation does not apply to any derivative work that EDUCAUSE may create from the EAS Data, any of which can be licensed or sub-licensed to third parties.

    • Except as otherwise provided in EDUCAUSE Analytics Services where individually identifiable EAS Data is specifically offered to members of the EDUCAUSE community as part of the underlying service, EDUCAUSE and its Service Providers release institutionally identifiable information to third parties only in conjunction with valid subpoenas or other valid, legal requests and in compliance with other applicable laws. EDUCAUSE will not provide any institutionally identifiable information other than that information which is publicly available without a legal obligation to do so. See the EDUCAUSE privacy policy at: http://www.EDUCAUSE.edu/privacy-policy 

  • Publishing and presenting data:

    • Aggregated data: EDUCAUSE reserves the right to use aggregated data obtained from EDUCAUSE Analytics Services in professional publications, public documents, public presentations, or other forms or forums that serve its members' needs and interests, or the needs and interests of the larger higher education and IT industries, so long as that data has been sufficiently aggregated to prevent re-identification of participating institutions.

    • Identifiable data: Should EDUCAUSE staff find that the best interests of the EDUCAUSE membership would be appropriately served by using institutionally identifiable data obtained from EDUCAUSE Analytics Services in professional publications, public documents, or public presentations, that staff member will request permission from EDUCAUSE executives, as well as the relevant institution(s), prior to doing so and abide by any terms specified for such use.

  • Establishing data services: EDUCAUSE also reserves the right to establish other data services, both stand-alone and collaborative, involving EAS Data when such services would best advance the overall interests of the EDUCAUSE community. Such services are subject to the approval of the EDUCAUSE executive team and will be pursued with the utmost sensitivity to the security and confidentiality principles inherent in this policy.

5. Sub-License to Institutions

EDUCAUSE hereby grants to each Institution accessing the EDUCAUSE Analytics Services a limited, revocable, non-sub-licensable right to view and use the EAS Data. Institutions acknowledge that the EDUCAUSE Derivative Works are the property of EDUCAUSE, and all right, title, and interest in and to such derivative works, including associated intellectual property rights, are and shall remain with EDUCAUSE. EDUCAUSE may immediately terminate this license upon notice to an Institution, without judicial notice or resolution, at its sole discretion.


Rights and Responsibilities of Institutions

In addition to the restrictions set forth above, the following policies govern the access and use of EAS Data and any related derivative work created by EDUCAUSE by an Institution:

  • Accessing and storing data:

    • Institutions acknowledge that some EDUCAUSE Analytics Services allow access to the individually identifiable information of other institutions and that accessing and viewing such data is part of a trust relationship created between EDUCAUSE and institutions participating in EDUCAUSE Analytics Services.

    • Institutions will grant access to EAS Data only to institutional staff members with formal responsibilities related to the use of such data (e.g., executive, pertinent business area and academic leadership, IT oversight committees, and senior staff of cognizant IT organizations) and Third-Party Designees. This limitation applies to both institutionally identifiable and aggregate data.

    • Institutions and those staff members and/or Third-Party Designees acting on the institution's behalf will have access to EAS Data using individually unique credentials that they must not share.

    • Institutions may browse and search EAS Data and may download digital copies of data and data visualizations from EAS Data for institutional purposes only.

    • Institutions will store EAS Data and provide access to such stored data, as appropriate, in a manner at least as secure as the institution protects its own institutionally identifiable data.

  • Sharing data:

    • Third-Party Designees: Institutions may not use any EAS Data in conjunction with any relationship in which EAS Data are made accessible to a Third-Party Designee, including but not limited to designated contractors, without prior written approval from EDUCAUSE and appropriate acknowledgment.

    • Peer review and reaccreditation exception: Institutions are permitted to provide EAS Data to reviewers not affiliated with the underlying Institution, so long as (1) a copy of this Agreement accompanies the data provision, (2) this Agreement is understood to govern the use made of such data, and (3) appropriate acknowledgment is given to EDUCAUSE, for the purposes of accreditation, peer review, or similar studies being conducted on behalf of the underlying institution.

  • Publishing and presenting data:

    • Aggregated data: Institutions may use aggregated data obtained from EDUCAUSE Analytics Services in professional publications, public documents, and public presentations so long as that data has been sufficiently aggregated to prevent re-identification of participating institutions and appropriate acknowledgment of EDUCAUSE Analytics Services is included.

    • Identifiable data: Institutions will not share or make public (including publication in professional resources, presentations, or public documents) any EAS Data about another Institution, in identified or unidentified form, without prior written approval from EDUCAUSE and appropriate acknowledgment.

  • Commercial use of data:

    • Institutions may not engage in the bulk reproduction, sale, or otherwise redistribution of EAS Data. Third-Party Designees may only access and mine data relevant to the Institution with which they are in formal collaboration. Third-Party Designees may not gather or export data for other beneficiaries or uses outside of the scope of their work with an Institution.

    • Institutions may not use EAS Data for commercial research or other commercial purposes, without prior written approval from EDUCAUSE.

6. Violations

Violations of this Agreement could lead to immediate loss of an institution's right to participate in, access, and use EAS Data. For egregious misuse of data or access, other legal remedies will be pursued.

7. EDUCAUSE Policy Statements

This publication is available in alternative media on request.

In addition to this policy, EDUCAUSE Analytics Services also adheres to the EDUCAUSE Privacy Notice.

EDUCAUSE is committed to the policy that all persons shall have equal access to programs, facilities, admission, and employment without regard to personal characteristics not related to ability, performance, or qualifications as determined by EDUCAUSE policy or by state or federal authorities. It is the policy of EDUCAUSE to maintain a work environment free of discrimination, including harassment. 

EDUCAUSE prohibits discrimination and harassment against any person because of age, ancestry, color, disability or handicap, national origin, race, religious creed, sex, sexual orientation, gender identity, or veteran status and retaliation due to the reporting of discrimination or harassment. Discrimination, harassment, or retaliation against faculty, staff, or students will not be tolerated at EDUCAUSE.

Direct all inquiries regarding the nondiscrimination policy to the Human Resources Office at [email protected].

8. Antitrust Statement

All communication from EDUCAUSE is intended to comply with any applicable antitrust law. Further, it is the desire of EDUCAUSE to avoid any activity which may violate or appear to violate any applicable antitrust law. As an association, EDUCAUSE is committed to help its members meet the highest standards of compliance with all antitrust laws.

Each EDUCAUSE member is expected to operate independently and free from any understandings or agreements or other conduct which restrain competition. EDUCAUSE encourages all its members to avoid discussing business practices that violate any antitrust laws or give the appearance of violating any antitrust laws.