eChalk Privacy Policy

Last modified: October 7, 2015

All Terms Used In this eChalk Privacy Policy (“Privacy Policy”) unless otherwise defined herein are as defined in the eChalk® Master Services Agreement to which this Privacy Policy is linked and incorporated herein by reference. Introduction At eChalk Inc. ("eChalk" or "We") we respect your privacy and are committed to protecting it through our compliance with this Privacy Policy. As such eChalk does not sell any of the Information it collects. In addition this Privacy Policy has been developed with a view to compliance with laws regulating privacy by those providing online services to students, including students under the age of 13 in an education environment. As such, eChalk’s Services as well as its Privacy Policy, MSA and related agreements have been developed and maintained to reflect our commitment to compliance with the Children’s Online Privacy Protection Act (COPPA”), The Children's Internet Protection Act (“CIPA”), and The Family Educational Rights and Privacy Act (“FERPA”) This policy describes the types of personally identifiable information (“Information”), including but not limited to, student data, metadata and User generated content (as defined below) we may collect from you or that your organization has provided to us or that you may provide to us when you sign up or login to use eChalk’s Web-Based Learning Management System, Content Management System and Communication Services as well as support and Online and In Person Training Services products or services (collectively, the “eChalk Services”) including, but not limited to, your use of an Internet browser application to visit the website www.eChalk.com or a website designated by your School (the "Website(s)") and our practices for collecting, using, maintaining, protecting and disclosing that Information.

Your organization may have its own policies addressing collection, use and sharing of personally identifiable information. For information about your organization's policy, please contact your organization directly.

This policy applies to Information we collect:

On the Website(s)
From your organization
In e-mail, text and other electronic messages when you use our Services or contact us.
When you interact with any eChalk authorized partner, affiliate or School approved by eChalk and any Information and applications on third-party websites and services.

It does not apply to Information collected by:

us offline or through any other means, including on any other website operated by you or by eChalk or any third party (including any eChalk authorized partner, affiliate or School approved by eChalk); or
any third party (including any eChalk authorized partner, affiliate or School approved by eChalk), including through any application or content that may link to or be accessible from our Services or on the Website(s).

Please read this Privacy Policy carefully to understand our policies and practices regarding your Information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Services or not to visit the Website(s). By submitting a signed Service Order and/or and registering for or accessing our Services, you agree to this Privacy Policy. This policy may change from time to time. Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Important Notice For Users Given Access Through Schools

eChalk’s Web-Based Learning Management System, Content Management System and Communication Services (collectively, the “eChalk Services”) provide an all-in-one learning management, group collaboration and school website platform designed specifically to meet the needs of K-12 schools and as such are used by many school systems and educational organizations throughout the United States. If you are an Authorized User (or a parent of a an Authorized User) who was given access to the Services by the school, school district, educational institutions or other educational organization you are affiliated with (collectively “School”), this Privacy Policy does not govern your School’s collection, use, or disclosure of Information through the Website or Services. We are not responsible for your School’s collection, use, or disclosure of your Information. Please contact your School to better understand their privacy practices. eChalk does however, serve as a repository to retain Information we process on behalf of Schools for as long as needed to provide the Services and may disclose such Information if it believes such disclosure is necessary to (a) comply with laws or to respond to lawful requests and legal process; or (b) resolve disputes or protect or defend the rights, safety, or property of eChalk, Authorized Users of our Services, or any person including to enforce our agreements, policies, and Master Services Agreement, or (c) in an emergency to protect the personal safety of any person (collectively, “a”, “b” and “c”, Enforcement Purposes”). eChalk uses only de-identified and aggregated data for its own purposes and eChalk will not use any Information it collects to advertise or market to students or their parents and does not sell or share for marketing purposes any of the Information it collects. Data mining or scanning of User generated content or Information for the purpose of advertising or marketing to students or their parents is prohibited.

Important Notice Regarding Children Under the Age of 13

This Privacy Policy generally applies to the users of our Services. If however, an authorized user identifies themselves as under the age of 13 (a “Child”), we will collect, use and share the Child’s Information as described in the subsection below entitled “A Special Note About Children Under the Age of 13”.

Information We Collect About You and How We Collect It

We collect several types of information necessary to fulfill our duties as outlined in this Privacy Policy from and about users of our Services or the Website(s), including information:

by which you may be personally identified known generally as personally identifiable information or as defined here as Information, such as name, postal address, e-mail address and telephone number ;
that is about you but individually does not identify you, such as the date of a user’s access to the Services or a Website, or date of a contribution of User-generated content; and/or
about your internet connection, the equipment you use to access our Services or a Website and usage details.

We collect this information:

Directly from you when you provide it to us, for example, upon registration.
Automatically as you navigate through the Services or on the Website. Information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies.
From third parties, for example, any eChalk approved School, or other technical support, training and software development partners.

Information You Provide to Us
The information we collect on or through our Services or on the Website may include:

Information that you provide by filling in forms at the Website or through any mobile device applications downloaded from or used to access our Services or the Website. This includes information provided at the time of registering to use our Services or to identify you as an Authorized User through the Website(s). This may also include joining or subscribing to our Services through your account with a third party software service provider such as Google or Microsoft ® or similar service and your biographical information you submit by uploading or using any software tools we provide for you to develop your organization’s website or otherwise access our Services. This information may also include audio and video content you voluntarily produce, and by submitting such content through our Services as “User-generated content” (as hereafter defined) you agree and consent to the use of your name, face, voice, photograph, video of your likeness (collectively, your “Persona”) , and grant eChalk a perpetual, royalty free, worldwide, irrevocable license to use your Persona and any User-generated content on the Website, as well as any user profile or public information relating to your account, subscribing to any eChalk® Products or Services, or requesting further services. For example, many of our services require you to sign up for an eChalk Authorized User Registration and/or creating or updating your Authorized User Account. When you do, we’ll ask for personally identifiable information, like your name, email address, telephone number or credit card. We might also ask you to create a publicly visible [or limited to our employees and affiliates for security purposes] User Profile, which may include your name and photo. We may also ask you for information when you report a problem with our Support Team for our Services or for the Website.
Records and copies of your correspondence (including e-mail addresses), if you contact us. When you contact eChalk, we may keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about our services, such as letting you know about upcoming changes or improvements.
Your responses to surveys that we might ask you to complete for marketing or educational research purposes.
Details of ownership or attribution for any User-generated content, creative works or productions or to the extent we choose to offer products or services for sale through our Services or Website, any authorized financial transactions you carry out through our Services or Website and provided in the fulfillment of your Service Order(s).
Your search queries on the Services or the Website.
From texted message or access through the use of a mobile computing device such as a “smart phone” or other portable computing device, we also may be provided and collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). This mobile device identifier information includes information such as the International Mobile Station Equipment Identity (IMEI), its Wi-Fi radio (Media Access Control (MAC)) address and/or platform specific identifiers such as Apple’s Advertiser ID (IDFA). Depending on the settings you have made on your mobile device, eChalk may be able to associate your device identifiers or phone number with your User Registration or User Account Number.

You may contribute content such as personally identifiable information that identifies you, including photos, audio files, videos, digital media, graphics, likes or other information to be published or displayed (hereinafter, "posted") through our Services or on any public areas of the Website(s), or transmitted to other users of the Services, Website or third parties (collectively, “User-generated content”). Your User-generated content is posted on and transmitted to others at your own risk. Although we limit access to certain pages on the Website(s) and our Services, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of our Services or the Website with whom you may choose to share your User-generated content. Therefore, we cannot and do not guarantee that your User-generated content will not be accessed or viewed by unauthorized persons.

Usage Details, IP Addresses, Cookies and Other Technologies

As you navigate through and interact with our Services and the Website(s), we may automatically collect certain information about your equipment, browsing actions and patterns, including:

Details of your use of our Services, visits to the Website(s), including traffic data, logs and other communication data and the resources that you access and use on the Website.
Information about your computer and internet connection, including your IP address, operating system and browser type.

The information we collect automatically is statistical data, and does not identify any individual. It helps us to improve our Services and to deliver better and more personalized Services by enabling us to:

Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Services and Website according to your individual interests.
Recognize you when you return to our Services and the Website(s).

The technologies we use for this automatic data collection may include:

Mobile Device Identifier’s. International Mobile Station Equipment Identity (IMEI),
Wi-Fi radio. Media Access Control (MAC)
Address and/or platform specific identifiers. Apple®’s Advertiser ID (IDFA)
Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Website(s). Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Website(s).
Flash Cookies. Certain features of the Website(s) may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on the Website(s). Flash cookies are not managed by the same browser settings as are used for browser cookies.
Web Beacons. Pages of our the Website may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit eChalk, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

How We Use Your Information

We use Information that we collect about you or that you provide to us, including any personally identifiable information:

To present our Services and the Website(s) and their content to you.
To provide you with information, products or services that you request from us.
To fulfill any other purpose for which you provide it.
To provide you with notices about your eChalk Authorized User Registration or Authorized User Account.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including, to the extent purchases or financial transactions are involved, for billing and collection.
To notify you about changes to our Services or Website or any products or services we offer or provide through them.
To allow you to participate in interactive features in our Services or on the Website(s).
To allow you to participate in mobile phone or portable computing device applications for our Services or linked to interactive features on the Website(s).
In any other way we may describe when you provide the information.
For any other purpose with your consent.
To provide eChalk and Schools approved by eChalk information on the Authorized Users who have requested information about our Schools.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose Information that we collect or you provide as described in this privacy policy:

To our authorized sponsors, partners and affiliates.
To subcontractors, service providers and other third parties we use to support our Services or the Website(s) and who are bound by contractual obligations to keep personally identifiable information confidential and use it only for the purposes for which we disclose it to them. eChalk will rely on one or more subcontractors to perform services under the MSA and all subcontractors and successor entities of eChalk will be subject to the terms of this Privacy Policy.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of eChalk's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personally identifiable information held by eChalk about Authorized Users of our Services or the Website(s) is among the assets transferred.
To third parties to market their products or services to you if you have consented to these disclosures, including eChalk’s contracted third party Information Transmitters and Third Party Electronic Payment Processing Provider(s), if any.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the Information.
With your consent.

We may also disclose your personally identifiable information:

To comply with any court order, law or legal process, including responding to any government or regulatory request.
To enforce or apply our terms of use of our Services as set forth in the eChalk® Master Services Agreement and other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of eChalk our Users or partners, sponsors or others. This includes exchanging Information with other companies and organizations for the purposes of fraud protection.

Choices about How We Use and Disclose Your Information

We strive to provide you with choices regarding the personally identifiable information you provide to us. We have created mechanisms to provide you with the following control over your Information:

Mobile Device Tracking Technologies and Geolocation Data. Your mobile device may have certain settings that relate to the Applications Programming Interface or “API” that allows mobile applications or “apps” to access standard categories of content on a mobile device, but also sensitive content such as geolocation information. It is suggested by organizations responsible for the protection of consumer privacy interests, such as the Federal Trade Commission (“FTC”) that consumers should familiarize themselves with the privacy setting options available on their mobile devices to determine what information may be collected or tracked by certain applications and what steps can be taken to control that access, collection or tracking. These steps may differ depending on whether the mobile device’s operating platform is based on the “iOS” used in most Apple® smartphones or the Android® platforms used in others. Depending on the platform used by your mobile device you should be able review the type of data collected by mobile applications, including the mobile applications provided by our Services, which may vary depending on the privacy settings on your device. For further information about these privacy settings, please contact your device manufacturer, mobile service provider, or the provider of the operating platform installed on your device. For further information on data collected specific to mobile applications used for our Services as provided in this Privacy Policy please contact us at:privacy@echalk.com
Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
Promotional Announcements from eChalk. If you do not wish to have your contact information used by eChalk to promote our own or our eChalk approved sponsors, partners or affiliates' promotional announcements or events, you can opt-out by sending us an e-mail stating your request to privacy@echalk.com. If we have sent you a promotional or event advisory e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions.

We do not control third parties' collection or use of your Information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your Information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website at www.networkadvertising.org.

Accessing and Correcting Your Information

You can review and change your personally identifiable information by logging into our Services and visiting your User Registration on your mobile device or Authorized User Account page at the Website(s) where you are recognized and able to log in to your Account as an Authorized User. Changes to Information You may change some of your personal Information in your account by editing your profile within the Service. You may also send us an e-mail at privacy@echalk.com to request access to, correct or delete any personally identifiable information that you have provided to us. We will respond to your request, when permitted by law, within 30 days. We cannot delete your personally identifiable information except by also deleting your Authorized User Registration and Authorized User Account. We may not accommodate a request to change Information if we believe the change would violate any law or legal requirement or cause the Information to be incorrect.

If you delete your User-generated content from our Services or Website, copies of your User-generated content may remain viewable in cached and archived pages, or might have been copied or stored by other users of our Services or a Website. We will retain your Information for as long as your account is active or as needed to provide you our Services. We will retain and use your Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. If your account has been closed, disabled or terminated you may send us an email to privacy@echalk.com to request that we delete the Authorized User Account information from our live databases and all personally identifiable Information and data stored for such Account that you have provided to us. When we delete Information, it will be deleted from our active databases but may remain in our archives. eChalk will not have any liability whatsoever for any termination of the Authorized User Account or related deletion of Authorized User Information and data. Proper access and use of Information provided through our Services or on a Website, including User-generated content, is governed by the terms and conditions set forth in the eChalk® Master Services Agreement, including all attachments, exhibits or amendments.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Services or Website that are California residents to request certain information regarding our disclosure of personally identifiable information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to privacy@echalk.com.

Data Security

eChalk will store and process Information in accordance with appropriate administrative, physical, and technical safeguards to secure Information from unauthorized access, disclosure, and use. We have implemented such measures designed to secure your personally identifiable information from accidental loss and from unauthorized access, use, alteration and disclosure. All Information you provide to us is stored on our secure servers behind firewalls. Any payment transactions and Information will be encrypted using SSL technology.

The safety and security of your Information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services or the Website(s), you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personally identifiable information, we cannot guarantee the security of your personally identifiable information transmitted through our Services or to the Website(s). Any transmission of personally identifiable information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in our Services or on the Website.

A Special Note about Children Under the Age of 13

Although our Learning Management System and Content Management System products and services provide an all-in-one learning management, group collaboration and school website platform designed specifically to meet the needs of K-12 schools, these services are provided to children under the age of 13 only through websites created, used and operated under the direct authority and supervision of a School and those responsible for the operation of their websites. eChalk recognizes the importance of maintaining the highest standards of privacy protection and complies with current laws and regulations governing privacy protection for students and schools. eChalk does not market to children under 13 years of age and does not employ games, contests, or other measures to collect personal Information from children. No Information obtained will be shared with third parties except to support and deliver our Services. In addition, eChalk will continue to revise its policies in this area to maintain its legal compliance and use its reasonable efforts to institute “best practices” as they become available.

Note To Parents

We are required under the Children’s Online Privacy Protection Act (COPPA), with limited exceptions, to obtain verifiable parental consent in order to collect, use or disclose Information from Children. COPPA allows the Child’s School to obtain consent for the online collection of Information from Children who are students of the School.

If a Child wants to use our Services, he/she must first obtain an account for our Services from the School (“Authorized User Account”). Before an Authorized User Account is provided to a School, eChalk contractually requires that the School (on behalf of the Child’s parent or legal guardian (“Parent”)) (a) get the parental consents to the collection, use and disclosure of Information of the Child to use our Services in compliance with COPPA and in accordance with this Privacy Policy, and (b) agree that the Child’s online activities using our Services are subject to and in compliance with COPPA, and are subject to the Terms set forth in our Master Services Agreement.

As required under COPPA, we allow Parents to make certain choices regarding the Information submitted by their Children as described in this subsection. Parents should make any permitted requests with the School and have the School, as the Parent’s agent, pass on those requests to us. We may rely on the instructions that we receive from the School that we reasonably believe are given by a Child’s Parent to the School. For example, if a representative of the Child’s School contacts us and provides the Authorized User Account information we request, we may assume that the person calling is acting on behalf of the Child’s Parent.

In general, we collect the same Information from Children that we collect from other Authorized Users of our Services, and use and share such Information for the same purposes. In addition, our Service also allows Schools to access and interact with their students and their Parents. If your Child’s School creates an Authorized User Account for your Child, the School may share your Child’s Information, such as your Child’s grades, test scores, attendance levels, and other Information, with us. We may add all of this Information to the Information we have already collected from your Child via the Service, and we may use it as described in this Privacy Policy. We also may share your Child’s Information: (a) with the Child’s Parent’s Consent, or with your Child’s School or those directed by your Child’s School. We are not responsible for any errors in Information your Child’s School provides to us.

Parent’s Choices Regarding Information

In general we offer Parents the same choices that we generally offer to other users with respect to the collection, use, retention and disclosure of their Child’s Information. In addition, a Parent has the right to review the Child’s Information, which the Parent may obtain by contacting the Child’s School. After reviewing the Child’s Information, the Parent may ask us to update or delete the Child’s Information by requesting such changes through the Child’s School. A Parent may prohibit us from sharing a Child’s Information with a third party by requesting such prohibition through the Child’s School. Notwithstanding any such requests, we may continue to share a Child’s Information with third party service providers for the sole purpose of providing you with the Services that we offer you through the Website(s) (“Internal Purposes”) and Enforcement Purposes. For example, we may share data with service providers who host the data on our behalf.

If a Parent chooses to prohibit any future collection, use or disclosure of the Child’s personally identifiable Information, the Parent may do so by terminating the Child’s Authorized User Account through the School, and requesting the deletion of the Child’s personally identifiable Information through the School. Upon receiving such request from the Child’s School, we will delete the Child’s Authorized User Account information from our live databases and all personally identifiable Information and data stored for such Account. eChalk will not have any liability whatsoever for any termination of the Authorized User Account or related deletion of the Child’s Information. When we delete Information, it will be deleted from our active databases but may remain in our archives.

Laws and their related regulations in this area may be reviewed by visiting the U.S. Federal Trade Commission's website at http://www.ftc.gov/privacy/privacyinitiatives/childrens.html. You may also be interested in reviewing the Children's Internet Protection Act: http://www.ifea.net/cipa.html.

Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page. The date the privacy policy was last revised is identified at the top of the web page on which this Privacy Policy displayed. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our link to this Privacy Policy in our Services, or the privacy policy link on the Website(s) to review this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: privacy@echalk.com.

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