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SpotterEDU Privacy Policy

Last Modified and Effective as of: February 6th, 2019

Welcome to Arick LLC's ("We" or "Arick") SpotterEDU, a service designed to track, manage, and report attendance and provide related services through the SpotterEDU app (our "Services"). This Privacy Policy applies only to the collection of information through our Services, including through our website at https://spotteredu.com, the SpotterEDU mobile application(s), other SpotterEDU online features and services that post this Privacy Policy and data collected offline in connection with the Services.

PLEASE TAKE A MOMENT TO REVIEW THIS PRIVACY POLICY, WHICH GOVERNS YOUR USE OF THE SERVICES. BY USING THE SERVICES, YOU AGREE TO THIS PRIVACY POLICY.

This Privacy Policy explains:

  1. Our Services and Collection of Information on Behalf of Institutions. Our Services are primarily provided to users through agreements (each, an "Institution Agreement" we have with a school, college, university, learning institution, school district, state or local board of education, or other sponsoring organization ("Institution") The Services are made available to employees, students and others authorized by our Institutions, who have been supplied user identifications and passwords by the Institution (or by us at the Institution’s request). When using the Services, teachers or the schools may also provide certain information to us about their students who have opted to participate in the Services (such as class schedule). We may also disclose information to our Institutions, and we consider the information we collect in connection with providing attendance and reporting Services to belong to our Institutions. We primarily collect, process and store the information in order to provide the Services and on behalf of our Institutions.

  2. Information Collected. When you use our Services or visit our website or mobile application, we may receive and collect certain information. The information that we may receive and collect depends on what you do when you visit and use our Services. Note that when providing our Services, we are a service provider for the Institutions. The user data we collect and receive connected to students and their attendance belongs to the applicable Institution and we use the data solely to track attendance on the Institution’s behalf.

    1. Information You Submit to Arick. While information about you to create your account is typically provided by the institutions, when you register or use our Services, or otherwise interact with us, there may be times when you may provide data to us, including "Personal Information" (which is information that identifies or can be used to identify you as a specific individual, such as your name, mobile phone number, or email address) and other information about you, such as demographic information (ZIP code, birth year, gender or age, for example). When you register for the Services, we will also ask you to provide a user name and password. If you work for an Institution, you may also submit schedule data for each student user based on a coded access key ("Token") that is unique to each student and regenerated each time a new class schedule is created. Student users may also opt to allow the SpotterEDU App to access functionality or information from their device. For example, a user may elect to use the camera feature on their mobile device enabling them to scan a QR code (or "class code") as an alternative method to record class attendance. You can control the App’s access to your device’s camera through your device settings. If we combine demographic, schedule or similar information with Personal Information, we will treat the combined information as Personal Information under this Privacy Policy. Note that may also de-identify Personal Information, turning it into non-Personal Information. This is sometimes accomplished using a mathematical function (commonly known as a hash function) to convert information into a code. The code does not identify you directly, but it may be used to connect your activity.

    2. Information Institutions Provide About Users. We may receive information about you from Institutions. For example, if you opt to participate in the Services, the Institution may provide us your name and email address so that we may contact you. Other users, such as a teacher, may also provide your class schedule or scheduled travel dates for purposes of tracking class attendance. If you want to amend, remove, modify, or access information submitted to the Services by an Institution, please direct your query to the Institution. If an Institution requests that Arick remove or otherwise amend any data, Arick will respond to the Institution’s request within 30 business days.

    3. Information Collected Automatically When Using Our Website and App. In addition to any Personal Information or other information you choose to submit to the Services, we, and our third-party service providers may use a variety of technologies that automatically or passively collect certain website or mobile application usage information whenever you visit or interact with the Services ("Usage Information").

      This Usage Information may include: the name of the domain and host from which you access the Internet, including the Internet Protocol (IP) address or other unique identifier ("Device Identifier") for your computer, mobile phone, or other device used to access the Services; the IP address of your Internet Service Provider; the type and version of Internet browser software you use and your operating system; the type of mobile device you are using, mobile device IDs or other persistent identifiers; your "Location Services" and "Push Notifications" or similar settings preference for the mobile application on your mobile device; the wifi network you are connected to, the date and time you access our website or mobile application, the length of your stay and the specific pages, images, video or forms that you access while visiting the website or mobile application; We may be able to collect or infer your approximate location through information we collect, such as IP address.

      We may use this Usage Information for a variety of purposes, including without limitation to monitor the use of our Services, assess and improve performance, and ensure technological compatibility with your computer/device. We may also use this data to conduct statistical analyses on visitors’ usage patterns and other types of non-identifying data. We may automatically update our mobile application on your system and related devices or we may require you to do so in order to continue using the SpotterEDU App. Usage Information is generally non-identifying, but if we associate it with you as a specific and identifiable person, we treat it as Personal Information.

    4. Cookies and Other Tracking Technologies. The tracking technologies we may use to collect Usage Information include the following:

      1. Cookies and Local Storage. A cookie is a data file placed on a device when it is used to visit our website or otherwise access our online content. Cookies, Flash cookies, and other local storage devices may be used for a variety of purposes (e.g. to identify your device when you access our Services, to recall your authentication information, to store information related to your navigation throughout our website, or to enable certain features of our Services). Some cookies are essential to the functioning of the Services and, without them, some features of the Services cannot be provided. Other cookies help us to understand and improve how the Services work or allow us to personalize them for you. You may be able to refuse or remove some or all of these cookies and local storage technologies, such as through your browser settings. If you choose to do so, some features of the Services may not function properly.
      2. Web Beacons. Small graphic images or other web programming code called web beacons (also known as "1x1 GIFs" or "clear GIFs") may be included in our webpages and email messages. Web beacons may be invisible to you, but any electronic image or other web programming code insert into a webpage or email can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to our website, to monitor how users interact with our website, to count how many emails that were sent were actually opened or to count how many particular links were actually viewed.
      3. Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Services, such as the links you click on. The code is temporarily downloaded onto your device from our web server or third-party service provider, is active only while you are connected to the Services, and is deactivated or deleted thereafter.

      In addition, we may use a variety of other technologies that collect similar information for security and fraud detection purposes.

    5. Location Data. We may collect specific location information from your device if you have opted-in to such collection through our mobile application(s). For example, we collect each user’s location at given times through the SpotterEDU mobile app (the "App") and through iBeacon technology for the purposes of providing our Services. The App uses your device’s cellular data. Bluetooth technology or wifi to communicate with a third party server located on a secure server farm (the "Server"). From the Server, the App receives student user schedule data and class locations, which are provided by the Institution or user at the time the Services are activated. The App then receives Bluetooth signals from the iBeacons located in or around classrooms, and transmits notifications ("Activity Events") to the Server each time a student device enters or exits each location. The data contained in each Activity Event is the location ID of the iBeacon, whether the Activity Event is an exit or entrance, a unique App ID number associated with each student user (collectively, "Location Data"). You may be able to turn off the collection of Location Data through your device settings. However, please note that we may still be able to collect or infer your approximate location through other information we collect, such as IP address. In addition, some mobile service providers may also provide us or our third-party service providers with information regarding the physical location of the device used to access the Services. We maintain Location Data only so long as is reasonable to provide the Services in accordance with the School Agreement and then destroy the Location Data. For a student user to participate in our Services, your device must be charged, powered on, Bluetooth enabled, have the App installed, and be enrolled in the program through your sponsoring organization. You may withdraw consent at any time by deleting and ceasing use of the App and notifying your Institution that you no longer wish to participate in the Services.

    6. "Do Not Track" Signals. Some Internet browsers may be configured to send "Do Not Track" signals to the online services you visit. There is no consensus among industry participants as to what "Do Not Track" means in this context. Like many websites and online services, our Services do not alter their practices when they receive a "Do Not Track" signal from a visitor’s browser. To find out more about "Do Not Track," please visit www.allaboutdnt.com.

  3. How We Use The Information We Receive or Collect. We may, however, use information we collect and receive, including, without limitation, your Personal Information, Usage Information, and Location Data, in order to: (1) allow you to participate in the Services and features offered through the Services, provide information you have requested or agreed to receive, and to provide customer service; (2) process your registration for our Services, including, without limitation, verifying that your email address is active and valid; (3) contact you with regard to your account or use of the Services or similar administrative communications, including, without limitation and in our discretion, changes to the policies governing the Services; (4) for internal purposes, such as to improve the Services or our products and services and to comply with regulatory and legal obligations; or (5) for purposes as disclosed at the time you provide your information or otherwise with your consent, and as further described in this Privacy Policy.

  4. How and When We Disclose Information to Third Parties. We may share non-Personal Information, such as Usage Information, aggregated user statistics and de-identified information, with third parties in our discretion. We do not share your Personal Information with third parties for those third parties’ marketing purposes unless we provide you the opportunity to opt-in or opt-out prior to such sharing. We do not share your Personal Information with third parties for their own direct marketing purposes without your consent. California residents, please click here for additional information. Arick may share the information we have collected about you, including, without limitation, Personal Information, as disclosed at the time you provide your information or otherwise with your consent, as described in this Privacy Policy and in the following circumstances:

    1. Institutions. As discussed above, we provided the Services to Institutions and the data we collect through the Services belongs to those Institutions. Accordingly, Institutions (and those who obtain authorized access from the Institutions) have access to all of the information we collect via registration and the Services from users associated with that Institution, viewable through an administrative portal on our website or otherwise. We share information with the designated Institution to provide attendance notifications, including, without limitation, a student user’s class attendance information (such as student name, email address, phone number, class schedule, course titles, classroom locations, and other relevant class information), student users’ affiliations with school sports, student users’ scheduled sports team travel dates, and certain Usage Information and Location Data collected automatically.
    2. Third Parties Providing Services on Our Behalf. We sometimes use other businesses to perform services for us, such as website hosting, conducting website usage analysis, sending email or other communications, providing marketing assistance and data analysis, or performing other services. We may provide access to your Personal Information to such service providers in order for them to perform these services.
    3. Your User Content. We may provide you the opportunity to voluntarily participate and post content publicly to our website, mobile application, or our social media feeds (such as Facebook or Twitter), such as product testimonials, endorsements, or feedback. You may choose, through such features or otherwise, to submit or post photographs, videos, questions, comments, suggestions, or other content (collectively, "User Content"). Please note that such User Content may be automatically made available to the public. We may copy and publicly post your reviews on our website or mobile app, or link your reviews to third party websites. We are not responsible for the actions of third parties. If you choose to voluntarily disclose Personal Information in User Content, that information will be considered public information and the protections of this Privacy Policy will not apply.
    4. Administrative and Legal Reasons. Arick may transfer and disclose information, including, without limitation, your Personal Information, Usage Information and Device Identifier, Location Data, or other Client Data, to third parties to comply with a legal obligation; when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; to verify to enforce our Terms and Conditions or other applicable policies governing the Services; to respond to an emergency; or otherwise to protect our rights, property, safety, or security of that or other visitors or the public. We may also use Device Identifiers to identify users, and may do so in cooperation with copyright owners, Internet service providers, wireless service providers or law enforcement agencies, in our discretion.
    5. Business Transfers. In the event Arick goes through a transition (such as a merger, acquisition, bankruptcy, or sale of all or a portion of its assets, including, without limitation, during the course of any due diligence process), any information owned or under the control of Arick (including, without limitation, your Personal Information) will likely be among the transferred assets. We reserve the right, as part of this type of transition, to assign or otherwise transfer your information (including, without limitation, your Personal Information) and other information we have collected from users of the Services. By providing your Personal Information, you agree that we may transfer such information to the acquiring entity without your further consent.

  5. Retention. We retain Personal Information, Usage Information, Location Data, and other collected through the Services for as long as a user maintains an account, and for as long as needed to provide the Services to a user and/or Institution. Arick will further retain such information as necessary to comply with legal obligations, enforce contracts, and resolve disputes.

  6. Your Choices. You may have the opportunity to opt in to receive marketing or Services related emails, text messages, and/or push notifications. You can unsubscribe from marketing emails by following the instructions within one of our marketing emails. Note, however, that if you opt-out of receiving marketing emails, we still reserve the right to send you certain email communications relating to your account or use of the Services, such as administrative and service announcements (e.g., account verification, change or updates to features of the Services, technical and security notices, notices of changes to this Privacy Policy or applicable Terms and Conditions or similar administrative or transactional messages). These transactional account messages may be unaffected if you choose to opt out of from receiving marketing email communications. If you sign up to receive SMS or MMS messages that may be offered through the Services, you may unsubscribe from any text messages received by replying "STOP."

    If you access the Services through our mobile application(s), we may, with your permission, send push notifications to your device, and may in some cases do so based on your device’s physical proximity to a beacon. You may opt-out of receiving these at any time by turning push notifications off in your device settings.

    In addition, certain users designated by the Institution and authorized to access the website user portal (such as the Institution’s employees, representatives, consultants, contractors, or other agents ("Institution users") may opt to receive additional Service related email notifications (for example, each time a student is late or misses class) or scheduled reports on students’ attendance. Institution users may also have the opportunity to opt-in through the portal to receive certain information by SMS/MMS messages. Institution users can control receipt of these Services related email and text alerts by visiting "Settings" and "Notification Options" within the website user portal.

  7. Security. While Arick takes commercially reasonable steps designed to secure your Personal Information, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Arick cannot ensure or warrant the security of any information we collect. You use our Services and provide us information at your own risk.

  8. Access to and Managing Your Information. As discussed above, all information collected through the Services belongs to an Institution. Users who wish to access, correct or update their personal information or any attendance information must contact their Institution and follow their applicable procedures for doing so.

  9. General Audience. Our Services are intended primarily for use by persons age eighteen (18) and older. Accordingly, we do not knowingly collect any personal information from children younger than the age of sixteen (16), and we will delete any personal information later determined to be collected from a user younger than age sixteen (16).

  10. Linking to Third-Party Websites. The Services may link to or incorporate websites or content hosted and served by third parties over which we have no control. When you click on links through our Services that take you to third-party websites or platforms, you will be subject to the third parties’ privacy policies. While we support the protection of privacy on the Internet, we cannot be responsible for the actions of any third-party services. We encourage you to read the posted privacy policies of any and every website you visit, whether you are linking from our Services or browsing on your own. Arick is not responsible for the privacy practices or business practices of any third party.

  11. Third-Party Analytics Services. We may work with analytics providers to provide us with information regarding the use of our Services. These third parties may set and access their own tracking technologies on your devices (including cookies and web beacons), and they may otherwise collect or have access to information about you, including Usage Information. Some of these parties may collect Personal Information over time when you visit our Services. We may share non-personal information, including information that has been de-identified, Usage Information, and Location Data, with analytics providers, for the purpose of making our Services more effective and learning more about our users and how they use our Services. We may work with Google Analytics, which uses cookies and similar technologies to collect and analyze information about the use of the Services and report on activities and trends. This service may also collect information regarding the use of other websites, apps, and online resources. You can learn about Google’s practices by going to google.com/policies/privacy/partners, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at tools.google.com/dlpage/gaoptout.

  12. Collection and Processing in the United States. The Services are controlled and operated by Arick from the United States of America and not intended to be subject to the laws or jurisdiction of any state, country, or territory other than that of the United States of America. Please be aware that your Personal Information will be transferred to and processed in the United States and other countries. By using the Services, or providing us with any information, you fully understand and unambiguously consent to this transfer, processing, and storage of your information in the United States and other jurisdictions, for which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen. As a result, this information may be subject to access requests from governments, courts, or law enforcement in the United States and other countries according to laws in those jurisdictions. You may only access our Services where doing so does not violate the applicable law of your jurisdiction. Arick LLC, owner of the Services, hereby disclaims any representations and/or warranties that this policy satisfies the requirements of users accessing and using the Services from outside the United States of America.

  13. Changes to Our Privacy Policy. We reserve the right to change or modify this Privacy Policy from time to time at our sole discretion, so we suggest that you review the current Privacy Policy regularly. If we adapt any changes to our Privacy Policy, post a link in the Services (both on the website and mobile application) alerting you to this fact. We may also, in our discretion, email the administrator in charge of your access to the Services and/or email you at the email address we have in our records. Any changes will be effective immediately upon the posting of the revised Privacy Policy unless otherwise specified, and your continued use of the Services after the effective date of the revised Privacy Policy (or such other act as specified in the revised Privacy Policy) will constitute your consent to those changes.

  14. Your California Privacy Rights. California Civil Code Section 1798.83 permits residents of the State of California to request certain details about how their personal information has been shared during the calendar year with third parties for those third-parties’ own direct marketing purposes, unless the business permits California residents to opt in, or opt out of, this type of sharing. Arick qualifies for this alternative option. We will not share personal information about you with third parties for their own direct marketing purposes if you do not opt-in, or if you choose to opt-out, at the time Arick offers you that choice.

    If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please send us your request to the following email address: info@spotteredu.com or write us at the following address: Arick LLC, 3510 N. Fremont Street, Suite 3, Chicago, Illinois 60657. You must put the statement "Your California Privacy Rights" in the subject field of your email or in the address line of your envelope. You must include your name, street address, city, state, and ZIP code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

  15. Contacting Us. If you have any questions or comments concerning our Privacy Policy, please contact us:
    1. Send an email with your request and current contact information to info@spotteredu.com; or
    2. Send a request in writing with your current contact information to Arick LLC, 3510 N. Fremont Street, Suite 3, Chicago, Illinois 60657.
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