Last modified September 09, 2021
HOW DOES EDELEMENTS COLLECT INFORMATION?
Collection of Information – a Summary
EdElements maintains a Tripod services website (“Tripod site”) that is generally accessible to the public, but contains certain features that may only be seen and used by persons who have accounts with us. The primary focus of the Tripod Site is the design and administration of surveys (to be completed primarily by students, but occasionally by teachers or others) that are intended to evaluate the effectiveness of teachers, learning environments, schools and various features and elements of them. EdElements obtains personally identifiable information (“PII”) and non-personally identifiable information (“NPII”) in two primary ways.
Completing Surveys – We may also obtain PII and NPII when we interact with students completing a survey as instructed by their Teacher, School or District. In most cases, students are assigned an identification number by their School or Teacher to be used for survey participation; in these cases, we never learn any PII from the School or Teacher as part of the registration process and, except in providing survey responses to the School or Teacher, never discloses the ID number. In other cases, our arrangement with a District may contemplate that we will assign students identification numbers and receive certain PII to enable us to accumulate certain statistical information (for example, how a particular teacher is evaluated by low-income students as compared to students whose parents earn higher wages). Statistical information reported by EdElements to the District may include PII of the student survey participants. Statistical information reported by EdElements to a School or Teacher shall not include any PII of the student survey participants. Our Terms of Service (app.tripoded.com) state that Districts, Schools or Teachers that provide a user with access to the Service agree to hold all user information received from us in confidence and in compliance with all applicable laws.
WHAT INFORMATION ABOUT ME IS COLLECTED?
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 (PII)
Personally identifiable information or PII is information that identifies you or can be used to identify or contact you. We may collect certain PII, such as your name, address, e-mail address, and telephone number of a School or District’s representatives, including teachers and administrators. Except as may be contemplated by its arrangement with the District or as otherwise provided herein, we do not collect any PII of survey participants.
Non-Personally Identifiable Information (NPII)
We will collect personally identifiable information that you submit to us. We may also receive, now or in the future, personally identifiable information about you from third parties and fraud screening services as part of your use of the Service.
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 wish to establish an account you will be required to provide us with information (including PII and NPII) such as name, postal address, and email address. We may also receive personally identifiable information about you from third parties providing fraud screening services as part of the registration process. In addition, we may obtain your personally identifiable information from you if you identify yourself to us by sending us an email with questions or comments. Also, we will have access to any PII that you choose to share through the Service (such as your name if you include it in an article or story that you post to the Service).
Cookies and Action Tags.
Technologies such as cookies, beacons, tags and scripts are used by EdElements and our partners, affiliates, or analytics or service providers. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
In addition to cookies that we may place on your computer or mobile device, cookies might also be placed on your computer or mobile device by the third parties we use to display or serve advertisements or to provide other services related to the Service or to collect NPII in order to provide advertising-related services. In the course of serving advertisements or providing other services related to the Service, such third parties could place or recognize unique cookies on your browser.
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 and you may experience some loss of convenience.
We use local storage objects (LSOs) to store content information and preferences. Third Parties, with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity, use LSOs to collect and store information.
Various browsers may offer their own management tools for removing HTML5 LSOs. To manage Flash LSOs please click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.
We also collect NPII 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 link this information to PII for these and other purposes such as personalizing your experience on the Service and evaluating the Service in general.
EdElements collects data from surveys, including demographic information, to perform statistical analyses of student responses both for the purpose of fulfilling specific contracts and may use this data, now or in the future, for the purposes of publishing or other commercial uses. We will extract all individual pieces of PII (such as name, e-mail address, and, if appropriate, login ID, if any) from any survey data before sharing such data with a user’s School, Teacher or any third party other than the District. PII collected from surveys may be disclosed by us to a District pursuant to its arrangement with such District.
Collection of IP Addresses
As with many sites, an IP address is visible to us when users visit our Service. An IP address is a number automatically assigned to an individual computer whenever the individual is connected to the Internet. Among other uses, Tripod uses IP addresses to help diagnose problems with our server.
DOES EDELEMENTS COLLECT INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE?
WHAT DOES EDELEMENTS DO WITH THE INFORMATION IT COLLECTS?
In addition to the specific uses described above and below, 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, to contact you for customer service and billing purposes, to facilitate the delivery of advertising, and so that we and third parties can contact you about products and services that may be of interest to you.
We may use a Service user’s information to send a welcoming or introductory email that may confirm the user’s user name, I.D. number, password or status (i.e.,teacher, principal, etc.). Unless you “opt out,” we and third parties may send you electronic newsletters, contact you about the Service, products, services, information and news that may be of interest to you, and provide you with targeted feedback. If you no longer desire to receive these communications, we will provide you with the option to change your preferences by clicking on the “unsubscribe” link in the emails you receive. If a user identifies himself or herself to us when sending us an email with questions or comments, we may use the user’s information (including personally identifiable information) to respond to the user’s questions or comments, and we may file such questions or comments (with the user’s information) for future reference. We may also use the information collected to send announcements and updates regarding the Service or, if applicable, about billing account status. You will not be able to unsubscribe from these Service announcements and updates for as long as you remain identified as a user, as they contain important information relevant to the use of the Service. You will need to email firstname.lastname@example.org to deactivate your account.
We may also use the information gathered to perform statistical analysis of user behavior and survey responses 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.
WHEN DOES EDELEMENTS DISCLOSE INFORMATION TO THIRD PARTIES?
To the extent contemplated by the arrangement between EdElements and the District, we may share certain information about a user’s use of and performance on the Service with the District that provides the user with access to the Service. Such information may include survey responses attributable to a particular student survey participant, aggregate statistical data, and other PII and NPII.
We may provide a summary report of user’s survey responses with the School that provides such users with access to use the Service. Such summaries will not include any PII of any student survey participant.
We may provide Teachers with access to a summary report of the survey responses for their class of students. Such summaries will be available to download for personal use and will not include any PII of any student survey participant.
To the extent that any survey responses collected are attributable to a particular student survey participant, we may disclose any and all information collected to the parent and/or guardian of such student survey participant.
Laws, Law Enforcement and Legal Rights
We will disclose a Service user’s 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 will disclose PII 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 Terms of Service for our 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 NPII about Service users, 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 visit the Service, the demographic breakdown of our registered users of the Service, and the test results and progress of users. The third parties to whom we may provide NPII may include affiliates, actual or potential commercial partners, prospective customers, students, customers, sponsors, Schools, Teachers or Districts associated with Service users, licensees, researchers and other similar parties.
We may employ independent contractors, vendors and suppliers (collectively, “Outside Contractors”) to provide specific services related to the Service, such as hosting and maintaining the Service, providing fraud screening, and developing applications for the Service and e-mail services. In the course of providing services to us, these Outside Contractors may sometimes have limited access to information collected through the Service, including users’ PII. We require our Outside Contractors to treat all PII as confidential and not disclosable, except as may be required by our contract with them or as required by law.
Sale of Business
Any information you share in a Public Area (including personally identifiable information) is by design open to the public and is not private. 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 by others 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 might not be able to remove your personal information.
IS THE INFORMATION COLLECTED THROUGH THE SERVICE SECURE?
We want your information (including PII) to remain secure. We strive to provide transmission of your information from your computer or mobile device to our servers through means that are consistent with industry standards and to employ administrative, physical, and electronic measures designed to protect your information from unauthorized access. When you enter sensitive information (such as login credentials) we encrypt the transmission of that information using secure socket layer technology (SSL).
Notwithstanding the above, 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. We will comply with all applicable laws and regulations that apply to any breaches of security that may occur.
COULD MY INFORMATION BE TRANSFERRED TO OTHER COUNTRIES?
PII 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 information 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 State of California, USA, regardless of your location.
WHAT CHOICES DO I HAVE REGARDING THE COLLECTION, DISCLOSURE AND DISTRIBUTION OF PERSONALLY IDENTIFIABLE INFORMATION?
We will only use PII for the purposes described above or as otherwise disclosed at the time we request such information from you. You must “opt-in” and give us permission to use your personally identifiable information for any other purpose. You may also change your preference and “opt-out” of receiving certain marketing communications by changing that option in the My Profile feature of the Service, following the directions provided in association with the communication, or by contacting firstname.lastname@example.org.
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.
CAN I UPDATE OR CORRECT MY PERSONALLY IDENTIFIABLE INFORMATION?
You should be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our system. The need to back up our systems to protect information from inadvertent loss means that a copy of your PII 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 PII 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.
We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
WHO DO I CONTACT IF I HAVE ANY PRIVACY QUESTIONS?
Education Elements, Inc.
101 Hickey Blvd., STE A #526 South San Francisco, CA 94080
The operator collecting or maintaining personal information from Children through the Service is Education Elements, Inc. (“EdElements”). Any inquiries regarding the Service’s privacy policies should be directed to:
Education Elements, Inc.
101 Hickey Blvd., STE A #526 South San Francisco, CA 94080
The personal information that may be collected from Children by or on behalf of EdElements, includes the following: gender; date and time the user logged on to or accessed the Service; user’s IP address; device properties, including, but not limited to unique device identifier or other device identifier; device software platform and firmware; information logged from a user’s hardware or device; software; hardware; applications; browser information; Internet and online usage information; in-app information; geolocation information; and activity on and progress in connection with the Service, including but not limited to, surveys in which a Child has participated.
The collected information may be used to provide the Service and process survey results, to develop other products and services, to help us understand who uses the Service, for internal operations such as operating and improving the Service, to perform statistical analysis of user behavior and to collect survey responses to evaluate and improve the Service.
We do not disclose to third parties personal information collected from Children, other than to persons who provide support for the operations of the website and who do not use the information for any other purpose, except as follows:
To the extent contemplated by the arrangement between EdElements and the school district or state (each, a “District”), we may share certain information about a Child’s use of and performance on the Service with the District that provides the Child with access to the Service. Such information may include survey responses attributable to a Child, aggregate statistical data, and other personal information.
We may share provide a summary report of Child’s survey responses with the School that provides such users with access to use the Service. Such summaries will not include any personal information of any Child.
We may provide teachers (each, a “Teacher”) with access to a summary report of the survey responses for their class of students. Such summaries will be available to download for personal use and will not include any personal information of any Children.
To the extent that any survey responses collected are attributable to a particular Child, we may disclose any and all information collected from a Child to the parent and/or guardian of such Child.
Laws, Law Enforcement and Legal Rights
We may disclose personal information collected from Children 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 personal information collected from Children 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 Terms of Service (app.tripoded.com) for our 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 collected from Children, which nonetheless may be considered personal information under COPPA, 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 visit the website, the demographic breakdown of our registered users of the Service, and the test results and progress of Children. The third parties to whom we may provide personal information may include affiliates, actual or potential commercial partners, prospective customers, students, customers, sponsors, Schools, Teachers or Districts of Service users, licensees, researchers and other similar parties.
We may employ independent contractors, vendors and suppliers (collectively, “Outside Contractors”) to provide specific services related to the Service, such as hosting and maintaining the website, providing fraud screening, and developing applications for the Service and e-mail services. In the course of providing services to us, these Outside Contractors may sometimes have limited access to information collected through the Service, including personal information collected from Children. We require our Outside Contractors to treat all personal information as confidential and not disclosable, except as may be required by our contract with them or as required by law.
Sale of Business
We are not permitted to condition a Child’s participation in the Service on the Child’s disclosure of more personal information than is reasonably necessary to participate in the Service. In addition, the parent of a Child may (a) consent to the collection and use of the Child’s personal information without consenting to the disclosure of that information to third parties except as necessary to operate the Service; (b) review and have deleted the personal information of the Child; and (c) refuse to permit further collection or use of the Child’s personal information. If you wish to do any of the above, please contact us at:
Education Elements, Inc.
101 Hickey Blvd., STE A #526 South San Francisco, CA 94080
Please note, however, that because the collected information is necessary to provide certain functionality, certain aspects of the Service, products, offerings, features, or resources may not work properly, or at all, if consent is revoked, if a parent refuses to allow us to further use or collect a Child’s information, or if a parent directs us to delete the information in accordance with the rights described above.
Information Related to Data Collected for our Clients
EdElements collects information under the direction of its Clients, and has no direct relationship with the individuals whose personal data it processes. If you are a customer of one of our Clients and would no longer like to be contacted by one of our Clients that use our service, please contact the Client that you interact with directly. We may transfer personal information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our Clients.
Access and Retention of Data Controlled by our Clients:
EdElements has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to the EdElements’ Client (the data controller). If requested to remove data we will respond within 30 days.
We will retain personal data we process on behalf of our Clients for as long as needed to provide services to our Client. We will retain this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.