Effective Date of Last Update: March 31, 2015
Knewton, Inc. (“Knewton”, “we”, “us”) is founded on the principle that every student in the world should be able to receive a high-quality education tailored to his or her needs. We understand that data collected from individuals, especially students and children, is a sensitive issue and that it is incumbent upon us to be as transparent as possible about our privacy practices.
In order to understand our privacy practices, it is important for you to understand, as further detailed in our terms of service, that we currently offer two distinct product offerings. One is our adaptive learning services that we offer through products offered by schools, publishers, and other third parties (collectively, “Enterprise Partners”) that are integrated with our online adaptive learning platform (the “Platform”). We specifically refer to the adaptive learning services that we provide to users of our Enterprise Partners’ products as the “Enterprise Service.” The other is an adaptive learning service and related services that we offer through this Web site (the “Site”). We specifically refer to the services offered through the Site as the “Consumer Service” and refer to the Enterprise Service and Consumer Service collectively, as the “Services.”
For the Services to be adaptive and to fulfill our mission, we need to collect information from users; otherwise, the Services cannot be personalized to each user. As stated in more detail below, in the case of our Enterprise Service where an individual has not registered an account directly with Knewton, all data that we collect from that user is completely anonymized to us. There are, however, instances in which we allow users of our Services (or parents, guardians, or other authorized school representatives on behalf of a user if applicable) the ability to create an account directly with us (a “Knewton Account”), in which case such user (or parents, guardians, or authorized school representative) will provide us with Personal Identifiers (as defined below). In this case or receive, data we collect from users of our Services may be linked to a Knewton Account and thus personally identifiable.
“Child” or “Children” means anyone under 13 years of age.
“Child User” means a Child user who has been granted access to the Site through a sub-account under his/her Parent’s Knewton Account.
“Consumer Service” means the services that we provide through the Knewton consumer website currently located at www.knewton.com.
“COPPA” means the U.S. Children’s Online Privacy Protection Act.
“Enterprise Service” means the adaptive learning services that we provide to users of our Enterprise Partners’ products.
“Enterprise User” is any individual of any age who accesses and interacts with the Enterprise Service through our Enterprise Partners’ products.
“FERPA” means the Family Educational Rights and Privacy Act.
“Knewton Account” is defined in the Preamble as the account you create with us to maintain a longitudinal learning profile across various products and subject domains
“Non-Personal Data” means Usage Data (see below) and other non-personal information we may collect or receive from a user of our Services that we do not combine with a Personal Identifier.
“Online Contact Information” means an email address or any other substantially similar identifier that permits direct contact with a natural person online, including but not limited to, an instant messaging user identifier, a VOIP identifier, or a video chat user identifier.
“Parent” means a parent, guardian or authorized school representative (e.g., a teacher of a Child’s class using our Site where permitted under FERPA).
“Personal Identifier” means any of the following: (1) a first and last name (or first initial and last name); (2) a home or other physical address including street name and name of a city or town; (3) Online Contact Information; (4) a screen name or username that functions in the same manner as Online Contact Information; (5) a telephone number; (6) a Social Security number; (7) a photograph, video, or audio file where such file contains an image or voice; and (8) geolocation information sufficient to identify street name and name of a city or town.
“Personal Information” means (1) Personal Identifier(s) we may collect or receive from a natural person and (2) Usage Data and other non-personal information we collect from a user’s access to and interaction with the Services (either directly from you when you use and access the Consumer Service or indirectly through our Enterprise Partners when you use and access the Enterprise Service) that we combine with a Personal Identifier(s).
“Registered User” means a user who has registered for access to the Consumer Service on the Site and identified themselves as at least 13 years of age when establishing a Knewton Account.
“Usage Data” means the data we receive from a user’s interactions and performance when interacting with the Services and analytical representations of such Usage Data. This data may include, but is not limited to, descriptions of content and problems you have viewed and attempted, problems you have answered correctly or incorrectly, videos you have viewed, the amount of time spent viewing content, performance reports, etc.
From Whom Do We Collect/Recieve Information?
our Services can be used by individuals of all ages. If you are at least 13 years of age, we will permit you to create an account with us to allow us to receive information from you to make the Site and Services useful to you.
Although our Site and the online course materials offered through our Enterprise Partners’ products contain content that is applicable to users of all ages, certain portions of our Site (specifically certain activities, certain content, and the collection of Personal Information through our Consumer Service) are intended exclusively for users at least 13 years of age and Parents of Children. Accordingly, we limit access to the Consumer Service to users that identify themselves as at least 13 years of age when establishing a Knewton Account (“Registered Users”) and only provide access to certain activities, content, and collection of Personal Information to such Registered Users. We collect and receive information and Usage Data (as further detailed in the next section) from a Registered User when that user creates a Knewton Account and also as that Registered User accesses and interacts with the Services.
We receive data from Enterprise Users when they interact with the Enterprise Service to make the Enterprise Service useful to you — this data is anonymized to us and will never be associated with you unless you tell us to do so.
Where any individual of any age accesses and interacts with the Enterprise Service through our Enterprise Partners’ products (an “Enterprise User”), we also receive Usage Data (as further detailed in the next section) from that Enterprise User. However, we do not knowingly collect or receive from that Enterprise User or our Enterprise Partners any Personal Identifiers of such Enterprise User, nor we do link any Usage Data about such Enterprise User to a Knewton Account (thus avoiding any personal identification of such data), unless such Enterprise User (or if such user is a Child, such Child’s Parent) has established a Knewton Account and authorized an Enterprise Partner’s product to link to such Knewton Account.
We comply fully with COPPA.
We understand that Children may visit our Site, and accordingly, we comply with COPPA and the new regulations implementing it, as revised effective July 1, 2013 (“COPPA Rule”) to the extent they apply to us and to the Services. We currently do not knowingly collect Children’s Personal Information (defined below) from Children if doing so requires verified parental consent under COPPA. We operate any portions of the Site not exclusively accessible by Registered Users as a so-called mixed use site pursuant to Section 312 of the COPPA Rule (the “Mixed Use Sections”) and we employ efforts in the Mixed Use Sections to prevent the collection, use, and disclosure of Children’s Personal Information. COPPA permits us to collect certain Children’s Personal Information without verified parental consent, and to the extent such collection is permitted, we reserve the right to do so. Examples of such limited collection is further detailed in the next section.
If you are a Child, we do not knowingly collect Personal Information from you. For a Child to access our Consumer Service, a Parent will need to create an account for him/her without using personal identifiers. If a Child Account is created, we receive data from Children to make the Site and Services useful to them, but this data will be anonymized and not associated with a Child’s identity.
A Child can only access the Services available in the Mixed Use Sections of our Site if his or her Parent becomes a Registered User and establishes a sub-account (a “Child Account”) for such Child under the Parent’s Knewton Account (a “Child User”). We may give Parents the ability to set up usernames and passwords for a Child User, in which case a Child’s full name (or any other information that would be a Personal Identifier) should not be used. This will enable use of usernames in connection with certain portions of the Site, which might make usernames available to others, without identifying that Child. Accordingly, although we will receive Usage Data (as further detailed in the next section) from a Child User’s use and interaction with content available on our Site, all of this Usage Data collected by us will be Non-Personal Data (assuming the Parent sets up the Child User account without using any Personal Identifiers).
WHAT INFORMATION DO WE COLLECT/RECEIVE?
We collect and receive the following types of information, both directly from you when you use and access the Consumer Service and indirectly through our Enterprise Partners when you use and access the Enterprise Service:
INFORMATION YOU PROVIDE TO US
if you are an Enterprise User or visitor of the Site, we may ask you to voluntarily provide us an email address.
If you are an Enterprise User, we may request a limited Personal Identifier from you to determine whether you are a Registered User or not. In almost all cases, this will only be an email address. For visitors of the Site, we will ask for your email address to subscribe to our newsletter(s) without a Knewton Account.
If you are a Registered User, in some instances, you will voluntarily provide us with both personal and non-personal information. You will always know what you are providing us.
If you are a Registered User, we receive and store any Personal Information and Non-Personal Data you knowingly provide us. However, we only collect Personal Identifiers from you that are relevant to the purpose of our Services. For example, we collect certain Personal Identifiers from adults when you register for a Knewton Account. To set up a Knewton Account we will typically only ask for your first and last name, an email address, and in some instances, a photograph. As part of our Consumer Service, you may also provide us Personal Information and Non-Personal Data when you submit content to the Site and in connection with your use of the social networking features available on the Site such as forums, message boards, and other forms of public communication and interaction available.
We do not ask Children to submit Personal Information. In limited instances we may collect persistent identifiers from Children. If we do so, we will only use these for the internal operations of our Site and for no other purpose.
We currently do not collect, and you should not provide, any Personal Identifiers of a Child. However, in certain instances, COPPA may permit us to collect Personal Information without verified parental consent and to the extent such is permitted, we reserve the right to do so. For instance, we may collect from Children an email address of a Parent to provide notifications to the Parent, such as of a Child’s participation on the Site; such notices will include instructions to Parents on how to terminate the notices and delete the Parent’s email address. Also, in connection with customer service inquires, we may collect Personal Information from Children where verified parental consent is not required, subject to compliance with the COPPA Rule (e.g., to respond to an inquiry or request from a Child). COPPA permits other collection and uses without prior parental consent, such as, without limitation, support for internal operations and protection of site security or integrity. We may also collect persistent identifiers from a Child (e.g. a username, an internet protocol (IP) address, etc.) when they visit the Site (including the Consumer Service). Where we collect such persistent identifiers from Children, we only use such persistent identifiers for the internal operations of our Site and for no other purpose.
USAGE DATA RECEIVED AUTOMATICALLY
As you interact with the Services, we will receive various types of data based on your interactions. We limit the data we receive to only what we believe is necessary to provide you a personalized learning experience.
We automatically receive Usage Data as users interact and access the Services (either through the Consumer Service and/or through the Enterprise Service). This data may include, but is not limited to, descriptions of content and problems a user has viewed and attempted, problems a user has answered correctly or incorrectly, content a user has viewed, the amount of time spent viewing content, etc. Where you are an Enterprise User, in some instances this Usage Data is sent to us by our Enterprise Partners. We only receive Usage Data that we believe is necessary to provide personalized learning through our Services.
Where we combine this Usage Data with a User’s Personal Identifier(s) through a Knewton Account, we will treat this identified Usage Data as Personal Information. We also assign a unique (non-personal) identifier to Enterprise Users who do not have a Knewton Account and combine such Usage Data with that unique identifier.
OTHER INFORMATION COLLECTED AUTOMATICALLY
We also receive additional Non-Personal Data like log information used to help us improve the Site.
We also collect or receive additional Non-Personal Data from users of the Services that is not permanently associated with any online account or registration information, and that cannot be used to personally identify you. For example, Non-Personal Data ordinarily includes aggregate, summary, or other de-identified data, and may include, by way of example, statistics regarding popularity of particular pages within the Site, or information regarding types of Internet browsers used by Registered Users. We also collect or receive Non-Personal Data about users’ IP address to help diagnose problems with our server, and to administer our Site and the Services. Such Non-Personal Data is not associated with individual account profiles or registration information.
THIRD-PARTY PROVIDERS AND ONLINE TRACKING
If you are using the Enterprise Service, please note that you are not accessing our Site and thus neither we nor any of our third-party service providers will place any cookies on your computer.
We use third parties service providers to augment the Services. These providers may also give you a cookie.
The Site (including the Consumer Service) contains links to other Web sites. For example, certain videos accessible from our Site are hosted on YouTube. We also use third-party services to help provide the Services, such as hosting our Platform, providing various blogs and community boards, and to help us understand the use of our Services, such as Google Analytics. These third-party service providers may collect information sent by your browser as part of a web page request, such as cookies or your IP address. Wherever feasible, we will only use third-party service providers that have privacy policies and practices as strong as our own. Please note, however, that we are not responsible for the privacy practices or the content of such other Web sites. We encourage our users to read the privacy statements of these external Web sites.
The "help" portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, how to fully disable cookies and how to enable “Do Not Track” settings. You can disable cookies and still access the Site and use the Consumer Service. Your use of the Consumer Service may however be limited as a result. We do not track you over time after you have left our Site, nor do we track you across third party Web sites to provide targeted advertising, and therefore do not respond to Do Not Track (DNT) signals from your web browser.
HOW DO WE USE AND SHARE COLLECTED INFORMATION
Necessary Uses and Disclosures
If you are using the Enterprise Service but have not created a Knewton Account, please note that although we may receive Non-Personal Data from you, we do not receive any Personal Information about you and thus the necessary uses and disclosures described below relating to Personal Information do not apply to you.
For users of our Services who have created a Knewton Account, we use and/or share Personal Information as necessary to provide personalized learning through the Services and as further described below. We also describe below how we use and share Non-Personal Data. Rest assured that we neither rent nor sell your Personal Information to anyone and that we will share your Personal Information only as described below.
The types of disclosures described below (“Necessary Disclosures”), to the extent applicable to your use of the Services, are necessary if you wish to use the Services. You can use the Enterprise Service without providing us any Personal Information, but you need to create a Knewton Account if you wish to use the Consumer Service or to link data from your use of the Enterprise Service to an account at Knewton. As mentioned above, we may use Non-Personal Data for business purposes. If you do not want us to make such Necessary Disclosures, or do not want us to use Non-Personal Data without restriction, you must not use the Services.
- We use Personal Information as strictly necessary to provide personalized learning through the Services. For example, we will use certain Personal Identifiers to allow you to create a Knewton Account so that we can identify you if you want to link another product to your account to maintain a longitudinal learning profile across various products and subject domains. We then associate to your Knewton Account only that Usage Data (and analysis performed on that Usage Data) that we view as necessary to personalize your learning experience each time you use our Services.
- As further described below, in limited circumstances we may disclose collected, including Personal Information, to certain third parties in connection with providing the Services or as permitted or required by applicable law. For example, if you are using the Services through an educational institution, we may share your Personal Information with authorized individuals at such educational institution in compliance with FERPA.
Optional Uses and Disclosures
There are optional ways we may use and share Personal Information we collect from users who have created a Knewton Account. We will only do this if you permit us to.
If you are an Enterprise User or are merely a visitor to the Site but do not have a Knewton Account or have not subscribed to our newsletter(s), please note that we do not collect or receive any Personal Information from you or allow you to share information with Educators, so you do not need to opt-in or opt-out regarding any such Optional Disclosures.
We may also use information collected or received about Registered Users or to provide optional services and communications. However, unlike communications described above which are necessary to provide the Services, communications like our newsletter(s), news about new features on our Site and/or new products, or providing information to our Enterprise Partner to allow you to link your Knewton Account with our Enterprise Partners’ products, users will still be able to access and use the Services even if they indicate their preference that we not make such Optional Disclosures.
From time to time we may also decide that users may benefit from us disclosing certain Personal Information to third parties other than as described above. We will allow for you (or your Parent if you are a Child) to indicate in your Knewton Account if we may make such disclosures. For example, third parties such as instructors or other authorized personnel of a school or other institution (“Educators”) may upload content to create an online learning experience for you to access within the Consumer Service (a “Consumer App”). You may request we share certain Personal Information and Usage Data (either specific to that Consumer App or more generally) to Educators in connection with your use of such Consumer App. Where we allow this sharing of information, we require as part of our Terms of Service that Educators use such information solely to the extent necessary to perform their services as an Educator.
Unlike Necessary Disclosures, all of these disclosures of Personal Information are optional (“Optional Disclosures”), and all users will be able to access the Services even if they indicate their preference that we are not permitted to make some or all of such Optional Disclosures. We will respect your preferences and not make Optional Disclosures unless you have opted-in to such Optional Disclosures for yourself, or if applicable, opted-in your Child under a Child Account.
Certain areas of the Consumer Service allow you to disclose Personal Information voluntarily. Also, if we are acquired, we may disclose your information to our successor, but your information will still be protected by these terms unless you agree to new terms.
As described above, based upon your settings, you may also share Personal Information when utilizing social networking features available as part of the Consumer Service, such as forums, message boards, and other forms of public communication and interaction. Personal Information that you share publicly may be accessible by other users and companies and may appear on other websites or web searches and, therefore, the information could be read, collected, and/or used by others. We have no control over what other users may do with the information you voluntarily post and make public so please use caution when posting data that is categorized as public and be sure to periodically review, if necessary, and customize your privacy settings in your Knewton Account.
WHAT ACCESS AND CONTROL DO YOU HAVE OVER COLLECTED INFORMATION?
If you are an Enterprise User or are merely a visitor to the Site and do not have a Knewton Account or have not subscribed to our newsletter(s), please note that we do not collect or store any Personal Information about you.
you have control over your Personal Information. You can change your sharing preferences, remove Usage Data tied to your account, and/or delete your entire account at any time, but such actions may limit your access and experience with the Services. If you are a visitor to the Site or an Enterprise User who has not created a Knewton Account, we do not collect or store any Personal Information about you.
We will never link a Personal Identifier with Usage Data received through your interactions with the Enterprise Service unless you (or your Parent if you are a Child) has both created a Knewton Account and also authorized us to link any such Usage Data to your Knewton Account to allow you to carry a learning profile across various products and subject domains.
To the extent you have a Knewton Account (or Child Account for your Child), although it is technically unfeasible to display all the Usage Data linked to your Knewton Account, we will display a detailed representation of the Usage Data (including analysis of that Usage Data in certain circumstances) that we have linked to that account. You can also remove Usage Data tied to your Knewton Account (or Child Account for your Child) through your account settings by selecting to de-identify such Usage Data from your Knewton Account. Accordingly, we will permanently remove all Personal Identifiers from that Usage Data. You can also entirely delete your Knewton Account (or Child Account for your Child) at any time. However, please note that if you remove or delete certain information from your Knewton Account, you may not be able to use the Consumer Service and the Services may be limited because valuable historical data about your learning preferences would no longer be leveraged to improve future adaptive experiences. Should you decide to reactivate your account, Knewton will make every effort to ensure that your data will be recoverable and will be able to be used to personalize learning experiences. However, there is the possibility that deleting your Knewton account could result in permanent loss of valuable historical data about your learning preferences.
HOW DO WE SECURE AND PROTECT PERSONAL INFORMATION?
no data security is absolute, but we take the necessary technical, physical, and administrative steps to secure Personal Information. You must also keep it safe. We protect your account by encrypting your password and Personal Identifiers.
The security of your Personal Information is of utmost importance to us. We have put in place what we view as necessary physical, managerial, and technical safeguards to protect Personal Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction.
For example, whenever the Services request that Registered Users provide Personal Identifiers, that information is encrypted with industry-standard encryption techniques during transmission to us. When you are viewing a secure page within the Site, such as our user registration form, an icon of a padlock will appear as “locked” at the bottom of web browsers such as Microsoft Internet Explorer, but the same icon will appear as “un-locked” when the user is merely “surfing.” We currently use an encryption technique known as “SSL,” or “Secure Sockets Layer.” To learn more about SSL, go to www.ssl.com.
When we partner with outside sources to host the Services and store data of our users in online databases, we contractually require such outside sources to keep that data confidential and to secure and protect it against unauthorized access or use. Their use of your data is also strictly limited to the purposes of storing such data and hosting our Services. Wherever feasible, we will only use outside sources that have privacy policies and practices as strong as our own. Additionally, all Personal Identifiers and certain other information, such as passwords, are always stored in an encrypted form within such databases.
Furthermore, access to Personal Information is restricted within our own offices, so that only certain of our employees are granted access to such Personal Information as appropriate to perform specific jobs and tasks (e.g. performing customer service).
Please be aware that, although we use physical, managerial, and technical safeguards designed to preserve the integrity and security for Personal Information and other Non-Personal Data in our possession and control, no security system can prevent against all potential security breaches, and we bear no liability for uses or disclosures of Personal Information or Non-Personal Data arising in connection with the theft thereof. Likewise, users are responsible for safeguarding the confidentiality of passwords, and we bear no liability for access to, or use or disclosure of, Personal Information, if such access, use, or disclosure arises in connection with the theft or disclosure (whether intentional or negligent) of a password.
If we learn of a data security incident that compromises or appears to compromise your Personal Information, if required by law, we will attempt to notify you electronically so that you can take appropriate protective steps. We may also post a notice on the Site if a data security incident occurs.
If you have any questions about our security measures, you can click here to contact us at firstname.lastname@example.org.
OUR POLICY TOWARD CHILDREN
if you are under 13, do not register with our Site directly. Talk to your Parent.
If you are under the age of 13, do not attempt to register with our Site and create a Knewton Account and do not provide us with any Personal Identifiers about yourself. We require minors who are under the age of 13 to partner with their Parents to create a Knewton Account and a corresponding Child Account.
If you become aware that your child has provided us with Personal information without your consent, please contact us at email@example.com. If it comes to our attention that an individual under the age of 13 has established a Knewton Account with us, we will delete all Personal Identifiers from that account and suspend the account as quickly as possible. If you have begun to build a learning profile under that Knewton Account before we become aware you were under the age of 13, you will permanently lose valuable historical data about your learning preferences and be unable to use that learning profile to improve future adaptive experiences.
IMPORTANT NOTICES TO NON-U.S. RESIDENTS/SAFE HARBOR CERTIFICATION
we comply with the U.S.-EU Safe Harbor and the U.S.-Swiss Safe Harbor. If you are outside the U.S., by using the Services, you are consenting to transferring Personal Information to the U.S.
We comply with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Information from European Union member countries and Switzerland. We have certified that our privacy practices adhere to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program and view our certification, please visit http://www.export.gov/safeharbor/.
In compliance with the US-EU and US-Swiss Safe Harbor Principles, Knewton commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss citizens with inquiries or complaints regarding this privacy should first contact Knewton at firstname.lastname@example.org. Knewton has further committed to refer unresolved privacy complaints under the US-EU and US-Swiss Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed by Knewton, please visit the BBB EU SAFE HARBOR website at www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.
YOUR CALIFORNIA PRIVACY RIGHTS
If you are a California resident, you are entitled to request specific information regarding our privacy practices.
CHANGES TO THIS POLICY
Questions? Let us know - there are several ways to contact us about our privacy practices.