Use of Third-Party Applications for your course
When instructors find that tools provided by UW-Madison do not meet their instructional needs, they may consider using non-UW-Madison applications and services. While campus-provided applications and services meet UW-Madison guidelines for privacy, intellectual property, security, and records retention, providers of non-UW-Madison applications and services may not. This resource will review the UW-Madison policy and provide guidance to those considering the use of non-UW-Madison applications and services, as well to those who are already using them.
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Communicate plans to use non-UW-Madison applications to students Instructors should communicate their intent to use non-UW-Madison applications and services, along with a summary of issues, conditions, and risks to students, in the course syllabus and Course Guide. This allows a student to withdraw from the course, or request alternate solutions. Withdrawal from the course may not be possible because the course is required, the course is offered in a sequence, the course is not offered regularly, or the course is only offered by one instructor. The decision to use non-UW-Madison applications and services should not create an unnecessary burden for students who do not agree to the conditions of use. Instructors should weigh the needs of the course activity against the student’s privacy rights. Refer students concerned about their privacy to the Dean of Students office.
The use of tools not supported by UW-Madison carries risks. You should tell your students about your plans to use these types of technologies as soon as possible – preferably in the first class session. Each student has the right to review those risks and determine whether they want to assume those risks in order to participate in your class activity. If they do not want to assume those risks, you should take one of these actions.
Each person who signs the Terms of Service does so as an individual and not as a member of UW-Madison. If legal challenges arise related to using that technology, you may be liable as an individual. Keep in mind that most terms of services have clauses that specify the state in which any legal cases will be heard. Don’t assume it will be the state of Wisconsin. Talk to UW Legal Services if you want further guidance on evaluating the Terms of Service document before you decide to use technology. Know that the level of protection you may receive as an instructor may be different than the protection students may receive. If you want to know whether technology is covered by a UW-Madison agreement, email the CIO office and ask. They will be glad to assist you.
Understand who owns the content and what they can do with it Review the Terms of Service agreement.
Most Terms of Service will include a statement that tells you whether you retain ownership. Some will also state that while you retain ownership, they reserve some right to use your content in some way for some period of time. Look at this statement and determine whether you are comfortable with it. It is a good idea to provide a copyright statement on your content to be explicit as to whom the copyright owner is. Be aware that most Terms of Service have clauses that spell out what they will do in the case of a copyright infringement. In some cases, accounts will be frozen or deleted with little or no notice until the issue is resolved. For a student, this can be a significant risk.
In some cases, content created and stored may be considered part of a student’s course record. There are UW-Madison policies that spell out what types of content need to be saved and for how long. In some cases, the Terms of Service will spell out how often their content is backed up and/or how to retrieve content that is lost. If it does not, don’t assume that retrieval of content is possible. Back up content yourself and advise students to do the same. Think about where students will go if they have technical problems. If the tool is not supported by UW-Madison, the Help Desk will probably not be able to assist in any meaningful way. Contact the company prior to using the tool and determine their support.
In most cases, there are no clear answers that can be given with regard to formal recommendations for non-UW-Madison applications and services. That said, here is a recommended workflow you can follow: