August 4, 2016 Privacy Policy

Archived & Superseded

PRIVACY

Effective August 4, 2016

Table of Contents

1. Who we are and how to reach us
2. Definitions that will help you understand this policy
3. Changes to this policy
4. How Boom Learning works and what we collect
5. How parents can review Student Records
6. Special terms for users affiliated with a school
7. You agree we can share Boom Data with our suppliers to improve their products
8. Transferring Student Records to different account
9. How we handle security and breaches of security
10. What happens when you e-mail us
11. We can use information about you to block or ban you if you’ve misbehaved

1. Who we are and how to reach us.

“We” are Boom Learning Inc. Our mailing address is 9805 NE 116th St Suite 7198, Kirkland WA 98033. You can call us at 425-296-0886. You can contact us at help@BoomLearning.com to send us questions about or notifications relating to this policy. By using Boom Learning™ (also known as Boom Cards™), you agree to this Privacy Policy and our Terms of Service.

2. These definitions will help you understand this policy.

“PII” is personally identifiable information, that is, information that can be used to distinguish or trace an individual’s identity. Examples are full names (first plus last), telephone numbers, physical addresses, taxpayer identification numbers, and e-mail addresses. We do not collect PII from students at this time. We do collect PII from adult users.

“Student Records” are comprised of (1) a userid, (2) metadata relating to the userid about how the user connected, for how long, idle times, and other data relating to engagement, and (3) performance data relating to learning materials assigned (“decks”), along with accuracy, duration, and progress through the decks. Student Records are further linked to a teacher userid. We may use a third party to collect metadata. Our policy on cookies tells you how we collect information and is incorporated into this policy by this reference. Metadata collected by our analytics provider is not personally identifiable.

“Boom Data” is metadata and performance data that has been de-linked from the teacher and student ids under which it was created. Once metadata and performance data is de-linked we have no way of reversing the process and re-identifying the original teacher or student. Student Records become Boom Data when the teacher, or we, delete a student from a classroom. Boom Data retains a link to the deck with which it is associated. We may make recommendations to a teacher based on decks in that teacher’s library. Such recommendations will be based on aggregate Boom Data about that deck.

3. Changes to this policy are effective after posting and on the effective date.

We endeavor to inform our users of proposed changes in advance and to seek their feedback; however, we reserve the right to make changes in our sole discretion. We will make updated versions of the Privacy Policy available in this location and the effective date will be clearly marked. Your continued use of Boom Learning after the effective date of a change means that you agree to the terms of the changed Privacy Policy. You will be asked to indicate your acceptance of the current version of the terms if you have or create a membership.

4. How Boom Learning works and what we collect.

Adults come to Boom Learning to create decks, sell decks, sell assets, and teach students. “Assets” are images, fonts, sounds, video and other elements incorporated into decks. Adults must have a membership account. Adults may create accounts using Facebook or an email address. If you use Facebook, Facebook’s privacy policy applies. To learn more about why we allow Facebook login, read up on the privacy and security benefits of using OAuth. We store a subset of yourFacebook Public Profile.

We use Paypal to process membership payments. Paypal tells us your full name and email address, as you’ve shared it with them, what you’ve purchased and what you paid. We have access to this information on an ongoing basis through our Paypal dashboard, under Paypal’s terms, and we may store this information in our accounting records. When you make a purchase, PayPal’s policies, including privacy and cookie policies, apply while you are in the Paypal screens. We consider your payment through Paypal proof that you are an adult.

We may ask for taxpayer identification records if you are a seller and if you meet certain reporting thresholds. That information will be included in documents we file with the applicable governmental agencies. We ask for and store those records consistent with regulations governing the requesting and sending of taxpayer identification records.

In our Boom Learning records, we store the adult purchaser’s e-mail address and what products the adult has purchased. If you are a seller, we also will ask you for, and store, your Paypal email address so we can pay you your proceeds. We store completed decks. Information you include in a deck that you publish to the store is public to any member of Boom who purchases the deck and to any students to whom the deck is assigned. Information you include in a deck that is privately published is available to any person to whom you assign the deck. Information you include in your seller profile is visible to the public, if you have an active publishing membership. Information you include in your teacher profile is visible to your students. We use Compose.io to store our Boom Learning data records. Compose does not control or direct the use of our data nor does it access the data directly except as authorized by us or as necessary to host and process data on our behalf.

Teachers create classrooms. Teachers may add students to classrooms by either (1) sharing the classroom name and password with the student, who then creates a student user name and password, or (2) adding the student manually and sharing the student’s username and password with the student. You provide us a student “nickname”, a short name by which you will recognize the student when reviewing progress reports. Boom suggests usernames and passwords for classrooms and students. You may change these to something easier to remember. If you are a user within an organization, you agree to abide by your organization’s acceptable use policies in setting nicknames, usernames and passwords. You agree to not provide PII in nicknames, usernames and passwords. This means you will not use a student’s first and last name or full set of initials in a nickname, username or password. Using just a first, or just a last name is acceptable as are a combination of a first or last name and an initial or title (for example: Carmen or Jeff B or D Shonen or Singh).

Students play decks and we make a Student Record relating to the decks. We use Student Records to track performance over time and to recommend additional decks that we believe are appropriate to the student’s learning needs. Recommendations are directed to the teacher for the student.

You may update or change information you have provided to us in your Classroom or Author profile. You may not change your Pen Name once you have published your first deck to the store.

5. How parents can review Student Records.

Parents may review Student Records by either reviewing the student dashboard with the student or asking the teacher to show the parent the teacher dashboard for that student. Parents may also contact us to request assistance in reviewing or deleting Student Records. We will not release information to you unless you provide satisfactory proof of a legal right to review or delete Student Records. If the Student Record was created by a school, we will need contact information for the teacher also and the school’s policies about accesss to Student Records apply. Our decision about whether you may access or delete a Student Record is final.

6. Special terms for users affiliated with a school.

We are a “school official” under Family Educational Rights and Privacy Act (FERPA). You and we agree that we collect Student Records and suggest decks to enable your school to educate and assess students, in a manner that adapts to student learning, for the use and benefit of your school and students. You and we agree to work together to ensure compliance with FERPA. Student Records are the property of and under the control of your school. Boom Data is the property of and controlled by us. Boom Learning decks are created by third party sellers and are the property of the sellers. All sellers are subject to this Privacy Policy and our Terms of Service.

You represent and warrant that you have the authority from your school, pursuant to a policy adopted by your school’s governing board or body, to contract with us to collect, use, and disclose the data described in this Privacy Policy. With respect to Student Records, you agree to follow your school’s privacy rules, acceptable use policies, and educational records policies.

Sellers and you may create decks that constitute a survey, analysis, or evaluation the concerns one of the eight protected areas under the Protection of Pupil Rights Amendment or sensitive medical information. If a deck you buy or create touches on sensitive data, you agree to follow your school’s policy about obtaining consent from parents before assigning the deck to students.

We prohibit marketing and advertising decks. If you learn of a deck that is primarily and advertisement or marketing material, please report it so we may remove it.

We certify that Student Records will not be retained by or available to us if you terminate your agreement with us, by request or by expiration without renewal. We will allow parents up to 90 days after termination to request Student Records be transferred to a parent account, after which, we will delete your Student Records. If you delete records, they will not be available to us to transfer to parent accounts. If you plan to delete records yourself, please give parents at least 30 days notice to transfer the records and specify the date on which transfer will no longer be available (the date you will delete records).

You agree to provide us with student usernames and your teacher usernames upon our request to enable parents to review information about their children as required by law.

7. You agree we can share Boom Data with our suppliers to improve their products

You agree we may use Boom Data for any purpose related to education, including improving our products, assisting our suppliers in improving their products, and educational research. We may provide Boom Data to our suppliers, for the purposes of providing, improving, developing, and maintaining Boom Learning, to educational researchers, and to prospective customers.

We will not provide, free or for a charge, Student Records to third parties, except (1) to an acquiror of the Boom Learning product assets for continuation of the Boom Learning product, (2) to a legal, regulatory, judicial or public safety agency for a legitimate governmental purpose, and (3) to researchers conducting research on behalf of a school with respect to Student Records belonging to that school.

8. Transferring Student Records to a parent or different teacher account.

To transfer Student Records from a teacher account to a parent account, or to a different teacher account if changing teachers or schools, you must contact us. We are unable to transfer purchases of decks between accounts, only records of results. To continue improving, the transferee account will need to purchase the decks.

9. How we handle security and breaches of security.

Read our Terms of Service for additional information on the security and confidentiality of data. We use passwords at both the teacher and student level to keep Student Records confidential. We use appropriate physical, electronic, and managerial processes and procedures to safeguard data against unauthorized access and use, including designating and training the individuals responsible for ensuring the security of the data on state and federal regulations concerning such data.

In the event of a breach of PII, we will contact the individual(s) affected using the contact information we have on file. We will provide notice as soon as reasonably possible, provided that we may delay notice if a law enforcement agency determines that the notice will impede a criminal investigation. In the event of a breach of Student Records, we will inform the owner of the account and provide him or her with information to provide to the families of their students.

10. What happens if you e-mail us.

If you e-mail us or complete a form that asks for an e-mail address, we will store your information and use it to contact you. For limited purpose contact forms (such as personal information records requests and notices of infringement), we will store your information only as needed to respond to your request. We send newsletters to members who have provided us with an email address. To remove yourself from e-mail mailings, you can use the unsubscribe button in any newsletter you receive or delete your email address in your profile.

11. We can use information about you to block or ban you if you’ve misbehaved.

We may use information available to us to identify you, if you appear to be in breach of our Terms of Service. We may use that information to ban you from our sites, services, or apps. If you appear to be a repeat offender of our terms, we may collect all information available to us about you and your devices to identify you sufficiently to ban you temporarily or permanently from our sites, services, and apps.

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