Updated July 2023
This Pearson Acclaim Service Schedule (the “Service Schedule”) is incorporated by reference into the Workforce Skills Agreement (the “Agreement”) when a Client purchases the Acclaim service. Capitalized terms not otherwise defined in this Service Schedule shall have the meaning set forth in the Agreement.
- Acclaim Service. Pursuant to an Order Form, Pearson shall provide Client access to the proprietary software as a service platform that can be used to create, manage, and display Credentials (the “Acclaim Service”).
- Acceptable Use. Client may access the Acclaim Service for the sole purpose of creating, managing, and issuing Credentials during the term of the applicable Order Form. Client shall have the ability to authorize and revoke Credentials during the term of the applicable Order Form.
- Client Responsibility for Credentials. Client shall have the sole responsibility for creating Credentials, determining and applying the criteria for awarding Credentials to Users, and revoking Credentials from Users. Client agrees to not use any third-party trademark or copyright in its Credentials or Credential templates without authorization from that third party. Pearson shall have no obligation to review the accuracy of information entered by Client into the Services.
- Right to Host Credentials. Client grants Pearson the right to host, maintain, and display Credentials issued by Client. This right survives the termination of this Agreement and any applicable Order Form. Unless Client has revoked a Credential from a User, Pearson may continue to host, maintain, and display the User’s Credential unless and until (i) the User violates the User Terms, or (ii) a legal tribunal orders that Pearson remove the Credential or data relating to the User of the Credential, or (iii) the User requests that the Credential be removed from the Pearson System.
- Effect of Termination. A Credential issued by Client, accepted by a User, and not revoked by Client at the time of termination will remain maintained and displayed by Pearson, subject to the conditions described in this Section.
- Pearson as a Processor and Controller. Where the GDPR applies, Client will serve as data controller and Pearson will service as data processor (as each term is defined in the GDPR) of personally identifiable Client Data, and this Addendum incorporates the Standard Contractual Clauses Module 2 (Controller to Processor), as provided in the DPA. To accept a Credential, a User directly provides consent to Pearson to process the Personal Data of that User as required by Applicable Data Privacy L Upon acceptance of a Credential by an User, Pearson becomes the controller of such Personal Data, which shall thereafter be processed as User Data pursuant to the User Terms.
- API. In accessing the Services, if Client opts to send and receive data via the Credly API, then the Agreement incorporates by reference Pearson’s API terms located at https://info.credly.com/api-terms-of-service or otherwise specified in the Applicable Addenda.
Survival. The provisions of sections 5 and 6 will survive any termination, expiration or cancellation of this agreement, regardless of the basis for such termination or cancellation.