Last modified: October 7, 2015
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).
Important Notice For Users Given Access Through Schools
Important Notice Regarding Children Under the Age of 13
Information We Collect About You and How We Collect It
- 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)
- 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
- To our authorized sponsors, partners and affiliates.
- 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.
- 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:
- 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 email@example.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 firstname.lastname@example.org 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 email@example.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 firstname.lastname@example.org.
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.
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.
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.
Copyright © 2015 eChalk Inc. and/or its suppliers and licensors, 25 Broadway, 9th Floor, New York, New York 10025. All rights reserved. eChalk® is a registered trademark of eChalk Inc.