Policies and Terms

Flyer Posting

Schools and Parent Groups

Use of Peachjar is provided for free to district staff, school staff and authorized parent groups for the distribution of noncommercial, school-related digital flyers. The district is not authorized to post digital flyers through the system on behalf of, or for the benefit of, any external organizations.

Community Organizations and Enrichment Providers

All community organizations and enrichment providers (both for-profit and non-profit) are subject to Peachjar’s service fees. Payment of Peachjar's flyer posting service fee is non-refundable once the transaction is completed. Should an external organization's flyer be denied, the posting organization will be notified electronically and a refund will be provided as an account credit after 24 hours.

Peachjar’s Community Free Program

Peachjar's Community Free Flyer Program is our way of giving back to communities by covering the fees for one Community Free flyer per 28 days for organizations promoting a charitable free program, service, or resource where children are the direct beneficiary. 

All flyers submitted for free distribution will be reviewed by Peachjar for verification of eligibility and must comply with the following requirements:

• Your charitable program, service, or resource directly benefits children and does not require participants to qualify, has no enticement for future fee-based programs, and does not serve the purpose of fundraising, collecting donations, or allowing for the purchase of products or services. 
• Your organization is not nationally recognized and physically resides within the boundaries of the school district you wish to distribute to. 
• Your organization is not receiving fees or revenue from vendors participating in the event. 

Submissions are limited to one flyer distribution to one school district every 28 days. If you wish to distribute to more than one school district or more frequently than every 28 days, you may choose to distribute a standard flyer, subject to Peachjar's fees. Peachjar reserves the right to determine final eligibility.

Flyer Content and Removal

Peachjar reserves the right to remove flyers with content that it deems inappropriate, in violation of the law, counter to contractual agreements, in violation of the Terms of Use, posted beyond the stated date of the event, or for general misuse, as defined solely by Peachjar staff. We do not accept responsibility to do the same, and failure to do so shall not invalidate these terms for future

Changes to our Flyer Posting Policy

If we decide to change our flyer posting policy, we will post those changes on this page, and/or update the modification date below. 

This policy was last modified on February 9, 2016.

Privacy

This privacy policy describes how Peachjar collects, uses and shares Personal Data when using this website and our Services. Please read the following information carefully to understand our views and practices regarding your Personal Data and how we treat it.

Peachjar does not sell any information to any third party unless required by law, regulation or legal process.

Peachjar does not collect or store any Student related data or information.

What Information do we collect?

If using the Peachjar website purely for information purposes, i.e. if you have not registered with us, or do not purchase anything, we shall only collect the personal data which your browser transmits to our server. If you wish to view our website, we collect the following data which is technically necessary for us to display our website to you and to guarantee stability and security: 

• IP address
• Date and time of the query 
• Time zone difference to Greenwich Mean Time (GMT) 
• Content of the request (specific page)
• Access status / HTTP status code

We also collect the following data for the following functions:

1. If you contact us by email or use our contact form, we will store the information you provide us with (your name and email address or telephone number) to respond to your query. We collect the following data:
   • First and Last Name
   • Email Address
2. If you create a Program Provider, District or School account to use our service, and to manage your previous or future purchases and flyer submissions, we collect the data we need to offer these services. These can be seen from the respective entry fields for account registration, credit purchasing form, or flyer distribution flow. When performing these actions, we need at least the mandatory information marked with a *. We use this data for the execution of service and for processing your inquiries. We collect the following data:
   • First and Last Name
   • Email Address
   • Phone Number
   • Zip Code
   • Organization, District or School Name
3. If you create a Parent account to use our service, and to manage your delivery preferences for flyers and emails, we collect your email address. The email address that you provide, opts you in to receiving emails that contain flyers from the schools that you subscribed too. We collect the following data:
   • Email Address
   • School Name
     
     

What do we use your information for?

Any of the information we collect from you may be used in one of the following ways:

1. To provide our Website and Services - We use your information in order to provide you the features and functions made available to you on our Website and through our Services.
2. To personalize your experience - Your information helps us to better respond to your individual needs.
3. To improve our website - We continually strive to improve our website offerings and features available based on de-identified information, general log data, and usage statistics. We also take into consideration all feedback we receive from you.
4. To improve customer service - Your shared and automatic information helps us to more effectively respond to your customer service requests and support needs.
5. To process transactions - Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased service requested.
6. To send periodic emails - The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional news, updates, related product or service information, etc. Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
   
   

Use of external tools on our website.

We have integrated various tools from different companies into our website, which allow us to evaluate user behavior or to establish links with other websites.

Google Analytics

We use a tool called “Google Analytics” to collect information about use of this site. Google Analytics collects information such as how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to this site. We use the information we get from Google Analytics only to improve this site. Google Analytics collects only the IP address assigned to you on the date you visit this site, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use (https://www.google.com/analytics/terms/) and the Google Privacy Policy (https://policies.google.com/privacy). 

Hotjar

We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device's IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf. For further details, please see the ‘about Hotjar’ section of Hotjar’s support site (https://help.hotjar.com/hc/en-us/categories/115001323967-About-Hotjar).

Sendgrid

Our site uses SendGrid, an email delivery service provided by SendGrid, Inc. (“SendGrid”), to send transactional and support emails to customers. You can learn more about how SendGrid protects your data in the SendGrid Privacy Policy (https://sendgrid.com/policies/privacy/).

Cookies

Our website uses cookies. Cookies are small files that a website or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the websites or service providers systems to recognize your browser and capture and remember certain information.

We use cookies to understand and save your preferences for future visits and compile aggregate data about site traffic and website interaction so that we can offer better site experiences and tools in the future. 

We use cookies to enable certain functions of our websites and to store any preferences. We also use cookies to authenticate users and prevent fraudulent use of user accounts. We may use these cookies to remember information that changes the way the website behaves or looks.

Payment Processing

We use Stripe and Paypal, which are third-party services for payment processing. We will not store or collect your payment card details. That information is provided directly to our third-party payment processors, whose use of your personal information is governed by their privacy policy (https://stripe.com/us/privacy) (https://www.paypal.com/us/webapps/mpp/ua/privacy-full).

California Consumer Privacy Act

We value your privacy and have taken necessary precautions with the California Consumer Privacy Act. We therefore will not distribute your personal information to outside parties without your consent, except as expressly provided herein.

As part of the California Consumer Privacy Act, you may visit our site anonymously, however, to use the service will require signing-up. All users of our site may make any changes to their information at any time by logging into their accounts and editing their profile.

To the extent provided for by law and subject to applicable exceptions, California residents have the following privacy rights in relation to the Personal Information we collect:

• The right to know what Personal Information we have collected and how we have used and disclosed that Personal Information;
• The right to request deletion of your Personal Information; and
• The right to be free from discrimination relating to the exercise of any of your privacy rights.

California residents can exercise the above privacy rights by emailing us at support@peachjar.com, or by contacting us at (858) 997-2117. If you have an account with us, you will be asked to verify your identity via email.

Your Consent

By using our site, you consent to our web site privacy policy (this page) as well as the sites’ Terms of Use (https://peachjar.com/privacy-policy-terms.html#terms).

Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page, and/or update the modification date below. 

This policy was last modified on June 22, 2020.

Terms of Use

Effective Date: November 15, 2023

Welcome to Peachjar. Peachjar unites schools, parents and communities in their joint mission to elevate student outcomes and increase parent engagement. Please continue reading to learn about the rules and restrictions that govern your use of Peachjar’s website(s) and all other products, services and applications made available by Peachjar.

1. Overview

This Terms of Use Policy (the “Terms of Use”) governs your access to and use of the Peachjar.com website (“Website”), including our related technologies, such as email notifications, applications (“apps”), and our related services (collectively, “Peachjar’s Services”). These Terms of Use apply to all visitors, users, and others who access and use Peachjar’s Services (“Users”). Your access to and use of Peachjar’s Services and any information, text, graphics or other materials uploaded, downloaded, or appearing on the Peachjar website and/or through Peachjar’s Services (collectively referred to as “Content”) is conditioned on your acceptance of and compliance with these Terms of Use.

By accessing or using Peachjar’s Services, you agree to be bound by these Terms of Use, as well as all applicable federal and state laws and regulations, and you agree that you are responsible for compliance with any applicable local laws. The materials contained in this website are protected by applicable copyright and trademark law. These Terms of Use apply to all visitors, users, and others who access and use Peachjar’s Services. If you do not agree with any of these terms, you are prohibited from using or accessing Peachjar’s Services.

If you are accepting these Terms of Use and using Peachjar’s Services on behalf of a company, organization, government, or other legal entity, then (i) “you” (or “your”) includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Use, and you agree to these Terms of Use on behalf of the entity. You may use Peachjar’s Services only in compliance with these Terms of Use, any agreement entered into by your entity relating to Peachjar’s Services, and all applicable local, state, national, and international laws, rules and regulations.

2. Policies

Communications Policy

Peachjar keeps parents/legal guardians and school/district staff informed of various school events, users via email on a frequent basis on behalf of schools and school districts. By using Peachjar’s Services, you agree to receive such email communications from Peachjar (on behalf of specific schools/districts or other educational institutions who have contracted with Peachjar and have approved of such communications). You may opt-out of receiving such communications by following the unsubscribe instructions under the “Set Email Preferences” link within any Peachjar-delivered email.

All users who create a school/district account agree to: (a) provide a link between each school’s website (if any) and Peachjar’s school dedicated web flyerboard; and (b) gather and provide parent/guardian email addresses, load them into Peachjar’s system, and refresh the email list on a timely basis; and (c) refer to Peachjar any community organizations inquiring to distribute flyers through the school/district.

All users who create an organization account (all account types other than a parent/guardian account) agree to receive periodic email communication from Peachjar for the purpose of keeping users aware of new features, sending recommendations to optimize performance, and providing legal and other notices and other information.

Peachjar allows for user uploaded content (“Content”) and reserves the right to remove content that is deemed (in Peachjar’s sole discretion) inappropriate, in violation of the law, counter to contractual commitments, or for general misuse as defined solely by Peachjar staff. You acknowledge and agree that Peachjar has the right (but not the obligation or responsibility) to review your content. Any use or reliance on any Content posted online or distributed via Peachjar’s Services is at your own risk.

Regardless of whether you are a School/Parent group, an external community organization or program provider, or any other type of organization, or an individual, you represent and warrant to Peachjar that: (a) you have the right to enter into these Terms of Use, and perform your obligations hereunder; and (b) your Content on its own, and as either provided to Peachjar directly or uploaded, included and distributed as digital flyers to be delivered through campaigns using Peachjar’s Service, does not and shall not (i) infringe upon any third-party rights, including, without limitation, intellectual property rights and rights of privacy and publicity, (ii) violate any applicable laws, rules or regulations, (iii) be defamatory, obscene, harmful to minors, fraudulent, misleading, or inaccurate, or (iv) contain any viruses or other computer programming routines that are intended to damage or detrimentally interfere with any system, data or personal information. Further, you certify that you are 18 years of age or older.

Below are important terms and conditions which describe how your content may be posted and distributed through Peachjar’s website/service:

Schools/Districts and Authorized Groups means a person, entity, organization, or group which the school/district has approved to distribute relevant information via Peachjar about various school events, after-school events, programs, and activities and/or other school/district approved communications. Posting and distributing informational flyers is offered as a service to schools/districts and each school’s authorized group(s). Peachjar encourages schools/districts and parent groups to post and distribute all school-related flyers created by school/district staff or parent groups. Schools/Districts agree that all participating schools/districts will not distribute paper flyers from external organizations or post/distribute digital flyers from external organizations in a manner that would circumvent Peachjar’s Service Fees. If a flyer describes an activity or event and there is a fee associated with such activity or event, then all of the following criteria must be met in order for the flyer to be posted at no charge to you (i.e., you will not be charged Peachjar’s Service Fee):

• The fee associated with the activity/event must only be payable to a school, a school district, or group/foundation authorized by the school or district, and,
• The activity/event must be conducted by school/district staff, parent, group or volunteers.

External Community Organizations and Program Providers means a person, entity, organization, or group that is external to a school/district which sends digital flyers via Peachjar to schools/districts to promote its offerings/programs or other flyer content to parents/legal guardians (“Customers”). You acknowledge and agree that if you are deemed by Peachjar to be an external organization not part of a school or district (including both for-profit and non-profit), then your organization, as a Customer, are subject to Peachjar’s Service Fee.

Customer grants to Peachjar (and its service providers) a limited, non-exclusive royalty-free license to use, store, reproduce, display, and distribute all creative materials, all content, images, trademarks, logos, service marks, and trade names contained therein, Customer provides to Peachjar (collectively, “Customer Content”) for Peachjar to perform the Services.

Flyer Review and Payment Policy

If you are someone authorized by a school/district to approve flyers, you acknowledge and agree that: (a) at least once a week you will review and action flyers pending approval; and (b) all denied actions are in alignment with the school’s/district’s published flyer guidelines (if any).

If you are an external, non-school/district organization uploading a flyer, you acknowledge and agree that your flyer is subject to review and approval by the district(s)/school(s) where you seek to post/distribute your flyer. For the appropriate district(s)/school(s) to determine whether your flyer meets school district requirements for flyer approval, your account information may be viewed by school district staff during the flyer approval process and as part of reports provided to school districts. The decision to approve or deny a flyer is solely determined by the controlling district(s)/school(s). Payment of Peachjar’s digital flyer posting service fee is non-refundable once the transaction is completed. Should your flyer be denied, you (or your posting organization) will be notified electronically and an account credit will be provided after 24 hours.

Peachjar does not verify the authenticity of information, nor does Peachjar filter, review, or approve the content that is contained in a digital flyer or provided to districts and schools by external, non-school/district organizations as part of the digital flyer approval process, as this is the sole responsibility of the approving district(s)/school(s) and their staff.

You (as an external, non-school/district community organization and/or program provider) represent that you will own or have the legally enforceable permission to use all content in your flyers submitted to Peachjar, including permission to use the name, image, and likeness of each identifiable individual person whose name, image, or likeness is contained or used therein.

Should Peachjar allow you (as an external, non-school/district community organization and/or program provider) to distribute a digital flyer through Peachjar’s Services at no charge to you, and should any such flyer promote an event or program whereby attendees pay a fee and attendees are encouraged to join a fee-based program or have the opportunity to purchase products or services, then you agree to pay Peachjar’s Service Fees for its commercial flyer distribution service.

Peachjar makes no representations, warranties, or claims regarding the extent of email distribution to parents/guardians because the quantity of email addresses in Peachjar’s system is a function of the effectiveness of each school’s or district’s process to gather such email addresses, load them into Peachjar’s system, and refresh the email list on a timely basis. Peachjar is not responsible for inaccurate or missing email addresses for Districts based on external factors, such as, but not limited to, if analytics data Peachjar obtains from third parties has input variables which are no longer optimal to use.

Peachjar receives compensation from many of the companies featured in the emails we distribute and shown on our Website.

3. Peachjar’s Community Free Program

Peachjar’s Community Free Flyer Program is our way of giving back to communities by covering the fees for one Community Free flyer per 28 days for organizations promoting a charitable free program, service, or resource where children are the direct beneficiaries.

All flyers submitted for free distribution will be reviewed by Peachjar for verification of eligibility and must comply with all of the following requirements:

• Your charitable program, service, or resource directly benefits children and does not require participants to qualify, has no enticement for future fee-based programs, and does not serve the purpose of fundraising, collecting donations, or allowing for the purchase of products or services.
• Your organization is not nationally recognized and physically resides within the boundaries of the school district to which you wish to distribute.
• Your organization is not receiving fees or revenue from vendors participating in the event.

Submissions are limited to one flyer distribution to one school district every 28 days. If you wish to distribute to more than one school district or more frequently than every 28 days, you may choose to distribute a standard flyer, subject to Peachjar’s fees. Peachjar reserves the right to determine final eligibility.

4. Disclaimer of Warranties

Your access to and use of Peachjar’s Services or any materials or content therein are at your own risk. You understand and agree that Peachjar’s Services are provided to you on an “as is” and “as available” basis. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OTHER THAN AS EXPRESSLY STATED HEREIN, PEACHJAR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. FURTHER, PEACHJAR DOES NOT WARRANT OR MAKE ANY ASSURANCES OR PROMISES OF ANY LEVEL OF SUCCESS ABOUT ITS WEBSITE, PEACHJAR’S SERVICES, ANY ASSOCIATED CAMPAIGNS, LIKELY RESULTS, OR ANY DECISIONS MADE REGARDING SCHOOL(S)/DISTRICT(S) APPROVAL PROCESS RELATING TO THE POSTING AND EMAIL DISTRIBUTION OF DIGITAL FLYERS.

Peachjar does not warrant or make any representations concerning the accuracy, or reliability of the materials provided through its Service or on its Website on any websites linked to this Website or otherwise through the Service.

5. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Peachjar or its affiliates, directors, employees, agents, representatives (collectively “Peachjar”) be liable for any indirect, incidental, special, consequential or punitive damages (including, without limitation, damages for loss of data, loss of revenue, and loss of profit) that may arise out of the Terms of Use, the use, or inability to use, the materials as part of the Peachjar’s Services, including flyers or other material uploaded into Peachjar’s system by you or any other person or entity, even if Peachjar or a Peachjar authorized representative has been notified orally or in writing of the possibility of such damage. Peachjar makes no representations regarding expected results. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

In no event shall Peachjar’s total aggregate liability arising out of or related to these terms of use or Peachjar’s Services exceed the greater of five hundred U.S. dollars ($500.00) or the total amount of payments made by you to Peachjar, if any, in the twelve (12) months immediately preceding the date the claim arose relating to Peachjar’s Services. The foregoing limitation will apply whether an action is in contract or tort and regardless of the theory of liability, whether based on warranty, contract, statute, tort or otherwise, and whether or not Peachjar has been informed of the possibility of such damage.

6. Indemnification

You agree to indemnify, defend and hold Peachjar (including its affiliates, successors, assigns, directors, officers, officers, employees, contractors and agents) harmless from and against any and all losses, liabilities, judgments, settlements, fines, penalties, assessments, interest, costs and expenses (including reasonable attorneys’ fees) arising from third-party claims relating to (i) your use of Peachjar’s Services, including, but not limited to, any Content transmitted or received by you along with any allegation that such Content or subject matter is illegal or harmful in any matter, violates the right of a third party, is defamatory or obscene, or violates any law, regulation, or other administrative action, or (ii) any other party’s access and use of Peachjar’s Service with your unique username and/or password, or (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights.

7. Revisions and Errata

The materials appearing on Peachjar website could include technical, typographical, or photographic errors. Peachjar does not warrant that any of the materials on its website are accurate, complete, or current. Peachjar may make changes to the materials contained on its website at any time without notice. Peachjar does not, however, make any commitment to update the materials. You acknowledge and agree that Peachjar may continue to enhance Peachjar’s Service and that the form, format and/or functionality of the Service may change from time to time without prior notice to you, unless such changes are material as per Section 9 (Terms of Use Changes) below. Also, Peachjar may stop (permanently or temporarily) providing Peachjar Services (or any features within) to you or to users generally and may not be able to provide you with prior notice. Peachjar also retains the right to create reasonable limits on use and storage of your information and content.

8. Third-Party Links

Peachjar’s Services may contain links to third-party websites or resources (collectively, “Third-Party Websites”). Such Third-Party Websites are not under Peachjar’s control and the inclusion of any Third-Party Website does not imply endorsement by Peachjar. You acknowledge and agree that Peachjar is not responsible or liable for: (i) the availability or accuracy of such Third-Party Websites or (ii) the content, products, or services on or available from such Third-Party Websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such Third-Party Websites.

9. Terms of Use Changes

Peachjar may revise these Terms of Use at any time without notice, but the most current version will always be accessible via a link on Peachjar’s website and is effective as of the date posted. By continuing to access or use Peachjar’s Service, you are agreeing to be bound by the then-current version of these Terms of Use.

10. Governing Law

Any claim arising out of or relating to Peachjar’s Service, Content, and/or these Terms of Use shall be exclusively governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law principles. Each party consents to the exclusive jurisdiction and venue of the state and federal courts located in San Diego County, California, to adjudicate any dispute arising out of or relating to this Agreement.

11. Accessibility

Keeping your communication accessible to families is of the utmost importance to us and we are fully committed to better serving individuals with disabilities. We offer a state-of-the-art solution for addressing WCAG 2.0 A & AA guidelines and are working alongside the Office of Civil Rights (OCR) to continually improve upon our technology. Additionally, Peachjar offers a text-only email option for parents who wish to enable this option.

If you have further questions about Peachjar’s commitment to ensuring effective communication for individuals with disabilities, please do not hesitate to contact us at our contact us website page.

12. General

1. Severability. If any term, condition or provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect and shall not be affected, impaired or invalidated in any way.
2. Force Majeure. Excluding payment obligations, neither party will be liable for delay or default or default in the performance of its respective obligations under this Agreement if such delay or default is caused by conditions beyond its reasonable control, including, but not limited to, flood, accident, earthquakes, telecommunications line failures, electrical outages, network failures, pandemic, epidemic, regional or national health emergency, executive order, acts of God or labor disputes.

Accessibility

Keeping your communication accessible to families is of the utmost importance to us and we are fully committed to better serving individuals with disabilities. We offer a state-of-the-art solution for addressing WCAG 2.0 A & AA guidelines and are working alongside the Office of Civil Rights (OCR) to continually improve upon our technology. Additionally, Peachjar offers a text-only email option for parents who wish to enable this option. 

If you have further questions about Peachjar’s commitment to ensuring effective communication for individuals with disabilities, please do not hesitate to contact us.

If we decide to change our accessibility policy, we will post those changes on this page, and/or update the modification date below. 

This policy was last modified on November 27, 2019.