Last revised and effective as of: December 1st, 2015
The terms “using” and “processing” information include using cookies on a computer, analyzing any information collected and collecting, storing, evaluating, modifying, deleting, combining, disclosing, transferring and otherwise using information within our organization or among our affiliates within the United States or internationally.
Depending on your use of the Service, we may collect two types of information: personally identifiable information and non-personally identifiable information.
Personally Identifiable Information
Personally identifiable information (“PII”) is information that identifies or can be used to identify or contact an individual, such information as a person’s name and e-mail address. In general, with respect to students, we prefer to receive only “directory information,” as defined in The Family Educational Rights and Privacy Act (“FERPA”) (20 U.S.C. § 1232g; 34 CFR Part 99), and then only to the extent necessary for Teachers to fully use the Service. Teachers, or their Schools and Districts, are responsible for obtaining any consents needed to share students’ PII with Ogment; Ogment does not process such consents.
Non-Personally Identifiable Information
Non-personally identifiable information (“NPII”) is information, any single item of which, by itself, cannot be used to identify or contact an individual, including demographic information (such as age, profession, gender, current location, zip code, birth date, or year of birth), IP addresses, browser types, domain names, and statistical data involving the use of the Service. Certain NPII may be considered PII if it were combined with other identifiers (for example, combining zip code with street address) in a way that enables a person to be identified. But the same pieces of information are considered NPII when they are taken alone or combined only with other NPII (for example, viewing preferences).
We will collect personally identifiable information that you submit to us.
Registering to Use the Service and in the Course of Using the Service.
You may be required to establish an account in order to take advantage of certain features of the Service. If so, if you are a Teacher, School employee, or District employee who wishes to establish an account, you will be required to provide us with information (including PII and NPII) such as name and e-mail address. We may also obtain PII from such Teachers and employees if they identify themselves to us by sending us an e-mail with questions or comments. Also, we will have access to any PII that such Teachers and employees choose to share through the Service.
Cookies and Action Tags.
We may collect non-personally identifiable information passively using “cookies” and “action tags.”
“Cookies” are small text files that can be placed on your computer or mobile device in order to identify your Web browser and the activities of your computer on the Service and other websites. Cookies can be used to personalize your experience on the Service (such as dynamically generating content on webpages specifically designed for you), to assist you in using the Service (such as saving time by not having to reenter your name each time you use the Service), to allow us to statistically monitor how you are using the Service to help us improve our offerings, and to determine the popularity of certain content.
You do not have to accept cookies to use the Service. Although most browsers are initially set to accept cookies, you may reset your browser to notify you when you receive a cookie or to reject cookies generally. Most browsers offer instructions on how to do so in the "Help" section of the toolbar. However, if you reject cookies, certain features or resources of the Service may not work properly or at all and you may experience some loss of convenience.
"Action tags," also known as web beacons or gif tags, are a web technology used to help track website usage information, such as how many times a specific page has been viewed. Action tags are invisible to you, and any portion of the Service, or e-mail sent on our behalf, may contain action tags.
By using cookies and action tags together, we are able to gain valuable information to improve the Service and measure the effectiveness of our communications to users.
We also collect non-personally identifiable information through our Internet log files, which record data such as user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the Service. This information may be used to analyze trends, to administer the Service, to monitor the use of the Service, and to gather general demographic information. We may link this information to personally identifiable information for these and other purposes such as personalizing your experience on the Service and evaluating the Service in general.
Yes, although the audience that can see the name or avatar is different, depending on whether the user is a Teacher or an employee of a School or District – as opposed to a student. The first initial and last name and avatar of a Teacher (or, as the case may be, an employee of a School or District) are available to the public, including to all users, when that Teacher (or employee of a School or District) shares or posts information in the Public Areas (as defined below) of the Service. When a student shares information through the Service, the student’s avatar and username (which is automatically generated by the Service and typically includes the student’s first initial and last name and occasionally a number) is available to all other students in that student’s class.
As used herein, “Student Records” means information directly related to a student that is maintained by the School or District or Teacher (as agent for such School or District) that provides the student with access to the Service and information that we acquire directly from a student through his or her use of the Service, but does not include (i) deidentified information, including aggregated deidentified information, used by us to improve educational products for adaptive learning purposes and for customizing student learning; (ii) deidentified information, including aggregated deidentified information, used to demonstrate the effectiveness of our products in the marketing of those products; (iii) deidentified information, including aggregated deidentified information, used for the development and improvement of educational sites, services, or applications. Student Records will continue to be your property and under the control of the School, District or Teacher (as agent for such School or District) that provides the student with access to the Service. Upon termination of the agreement we have, which may be the Ogment Terms of Service, with the respective School, District, or Teacher (as agent for a School or District), no Student Records will be retained by or available to us. Following such termination, within sixty (60) days of your written request, we will provide written notice to you that no Student Records have been retained or are available to us. You understand that the provisions of this section shall not apply to student-generated content if the student chooses to establish or maintain an account with Ogment for the purpose of storing such student-generated content.
Control of student-generated content.
Control of student-generated content, if any, may be retained by the respective student. The student will be able upon written request to access, modify, and delete student-generated content, if applicable, by logging into their unique student account.
Third Party Use.
A parent, legal guardian or student who has reached 18 years of age may review PII in the respective Student Record and correct erroneous information by the contacting the Teacher or School or District that provided the student with access to the Service and requesting such information and corrections.
We will strive to employ reasonable administrative, physical, and electronic measures designed to protect the security and confidentiality of Student Records. Within twenty-four (24) hours of Ogment’s knowledge of an unauthorized disclosure of Student Records, Ogment will provide written notice to the School, District or Teacher (as agent for such School or District) that provides the student with access to the Service, who shall be responsible for notifying (with Ogment’s reasonable assistance, if requested) the affected parents, legal guardians, and students who have reached 18 years of age.
Family Educational Rights and Privacy Act.
For the avoidance of doubt, we shall not use any PII in Student Records to engage in targeted advertising.
In general, we use the information collected to provide the Service to you and process your transactions, to help us understand who uses the Service, for internal operations such as operating and improving the Service and to contact you for customer service and billing purposes.
With respect to Teachers and employees of Schools or Districts (but not students):
We may also use the information gathered to perform statistical analysis of user behavior or to evaluate and improve the Service. We may link some of this information to personally identifiable information for internal purposes or to improve your experience with the Service.
Schools, Districts, and Teachers.
The respective School, District, or student’s Teacher (as agent for such School or District) that provides the student with access to the Service may have access to information collected from the student through the Service. Similarly, the respective School or District may have access to information collected from their Teachers through the Service.
Students and Group Project Members in a Child’s Class.
The Service may enable students to make personally identifiable information publicly available to other students in their own class, such as if a student decides to include personally identifiable information in an in-Service classroom submission. In addition, if, through the Service, a student is working on a group project with other students in the class, the other members of the group will see the student’s work (which may include personally identifiable information) on the group project and the collective grade given to the group.
Laws and Legal Rights.
We may disclose your information (including personally identifiable information) if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, or other valid legal process. We may disclose personally identifiable information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the Ogment Terms of Service, to detect fraud, for assistance with a delinquent account, or to protect the safety and/or security of our users, the Service or the general public.
Third Parties Generally.
We may provide to third parties non-personally identifiable information, including where such information is combined with similar information of other users of the Service. For example, we might inform third parties regarding the number of unique users who use the Service, the demographic breakdown of our users of the Service, or the products and/or services purchased using the Service and the vendors of such products and services.
We may employ independent contractors, vendors and suppliers (collectively, “;Outside Contractors”) to provide specific services and products related to the Service, such as hosting and maintaining the Service, providing credit card processing and fraud screening, and developing applications for the Service. In the course of providing products or services to us, these Outside Contractors may have access to information collected through the Service, including your personally identifiable information. We require that these contractors contractually agree to (1) protect the privacy of your personally identifiable information consistent with the Privacy Policies, (2) not use or disclose your personally identifiable information for any purpose other than providing us with the products or services for which we contracted or as required by law, (3) not disclose your personally identifiable information to third parties, and (4) implement and maintain reasonable security procedures and practices to protect your personally identifiable information from unauthorized access, destruction, use, modification, or disclosure.
Sale of Business.
You should think carefully before posting any information in any Public Area. What you post can be seen, disclosed to or collected by others and may be used in ways we cannot control or predict. As with any public forum on any website, the information you post may also show up in third-party search engines like Google, Yahoo, MSN, and Bing. If you mistakenly post personal information in a Public Area you can send us an e-mail to request that we remove it by contacting us at email@example.com. You should understand that in some cases we may not be able to remove your personal information.
We want your information (including personally identifiable information) to remain secure. We strive to provide transmission of your information from your computer or mobile device to our servers through techniques that are consistent with industry standards and to employ administrative, physical, and electronic measures designed to protect your information from unauthorized access.
Notwithstanding the above, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security or privacy of any information you transmit to us, and you do so at your own risk.
Personally identifiable information collected on the Service may be transferred from time to time to our offices or personnel, or to third parties, located throughout the world, and the Service may be viewed and hosted anywhere in the world, including countries that may not have laws of general applicability regulating the use and transfer of such data. By using the Service and submitting such PII on it, you voluntarily consent to the trans-border transfer and hosting of such information. If you are a user accessing the Service from a jurisdiction with laws or regulations governing personal data collection, use, and disclosure that differ from those of the United States, please be advised that all aspects of the Service are governed by the internal laws of the United States and the Commonwealth of Massachusetts, USA, regardless of your location.
Do Not Track
The term “Do Not Track” refers to a HTTP header offered by certain web browsers to request that websites refrain from tracking the user. We take no action in response to Do Not Track requests.
You should be aware that it is not technologically possible to remove each and every record of the content or information you have provided to us or posted on the Service from our system. The need to back up our systems to protect information from inadvertent loss means that a copy of your personally identifiable information may exist in a non-erasable form that will be difficult or impossible for us to locate. We promise that promptly after receiving your request, all personally identifiable information stored in databases we actively use and other readily searchable media will be updated, corrected, changed or deleted, as appropriate, as soon as and to the extent reasonably practicable.
By postal mail or courier:
Attn: Privacy Agent
83 Cambridge Street, Suite 3B
Burlington, MA 01803