Version Effective Date: May 25, 2018

Achieve3000 is committed to assuring the privacy of student users (“Students”) of our educational products and services (“Services”), the teachers and administrators of educational institutions that subscribe to our Services (“Administrators”), and visitors to this Website.

This Privacy Policy sets forth our information handling practices and obligations with respect to data we gather and use in delivering Services to Students and Administrators through subscribing schools, school districts, and other educational institutions (collectively, “Service Data”).

This Privacy Policy also separately describes the information (other than Service Data) that we gather from users of our Website, how we use that information, and what we do to protect it. By visiting or using our Website, you expressly consent to the information handling practices described in this Privacy Policy. Your use of the Website and any information you provide via the Website are subject to the terms of this Privacy Policy.

Service Use and Service Data

Achieve3000 provides the Services solely to and through subscribing schools, school districts, and other educational institutions (“Schools”). Identity information for Students and Administrators for Service delivery is provided to Achieve3000 by Schools and is not separately solicited by Achieve3000. The information provided to us by Schools may include certain individually identifiable information, including Students’ names and academic levels and Administrators’ names, titles, and curricular responsibilities. We also collect and record data identifiable to individual Students and Administrators regarding their use or administration of, and interaction with, our Services. At the request of a School, we may also accept and include in reports we provide to the School additional Student data, including class code, room number, race/ethnicity, socioeconomic status, disability and other information. Collectively, the information we receive regarding Students and Administrators and that is generated through their interaction with our Services constitutes Service Data as defined above.

Achieve3000 uses Service Data solely to deliver the Achieve3000 Services to and through associated Schools, provide Students with individualized content within those Services, and provide Administrators with reports on Students’ academic progress in using the Services. Achieve3000 does not collect any more individually identifiable information about Students and Administrators than is reasonably necessary to administer and provide our Services and individualized content to Students and their Schools, to enable participation in School-sanctioned Student contests, and to generate School-requested reports on individual Student academic progress. Achieve3000 may also perform internal research and analysis on aggregated and anonymous Service Data to assess Service effectiveness and improvements in Student performance.

Except as directed by the responsible subscribing School, Achieve3000 does not disclose Student or Administrator information or other Service Data that is identifiable to an individual to third parties other than our contractors and agents directly involved in the development and delivery of our Services. These contractors and agents who help us manage our Service delivery and related information handling activities are required to use these data only as needed to perform the specific services they provide and not for any other purpose.

Students and Administrators are provided private user names and passwords to access applicable Services and associated Service Data by Achieve3000. These identification credentials allow Students to gain access to the Services to which their Schools subscribe and allow Administrators to track Student progress and assignment completion. Achieve3000 Services and associated Service Data are not made accessible to anyone other than our employees, contractors, and agents involved in Service development, delivery, and administration and those accessing the Services or associated Service Data using assigned user names and passwords.

If the parent or legal guardian of a Student wants to review the information that Achieve3000 has collected about the Student or learn more about the Service(s) the Student is participating in, he or she should contact the Student’s School.

Achieve3000 sometimes posts materials from Students on its Website and on-line Services. These materials may include Student comments, testimonials, and contest results. When we post such material, we limit associated identity information to the applicable school, state, and age or grade of user.

Achieve3000 makes reasonable efforts to secure Service Data against unauthorized access. These efforts include employment of physical, administrative, and technical safeguards based on currently available technology and practices to promote the integrity and security of the Services and Service Data.

In certain of our Service materials we include links to other websites. This Privacy Policy does not apply to such external links, and we make no representations concerning the privacy policies followed by linked websites. We urge parents and teachers to learn more about protecting children on the Internet by visiting the following site: U.S. Dept. of Education FERPA Guidelines and SafeKids.com.

If Achieve3000 is acquired by or merged with a third-party entity, we may transfer or assign Service Data as part of such merger, acquisition, sale, or other change of control, unless otherwise prohibited by applicable law.

Participation in the EU – US Privacy Shield Framework

Achieve3000 complies with the EU-U.S. Privacy Shield Framework and associated Privacy Shield Principles as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States (“EU Personal Data”).  Achieve3000 has certified to the Department of Commerce that it adheres to the Privacy Shield Principles.  If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield Framework and Privacy Shield Principles, please visit https://www.privacyshield.gov/

For clarity, references to “you”, “your”, and terms regarding the exercise of rights mean and apply to the parents or legal guardians of individuals not deemed legally competent to accept the terms of or exercise the rights granted under this Privacy Policy.

In compliance with the Privacy Shield Principles, Achieve3000 commits to resolve complaints about our collection or use of your EU Personal Data.  EU residents with inquiries or complaints regarding Achieve3000’s compliance with its Privacy Policy or the Privacy Shield Principles should first contact Achieve3000 at the following address:

Achieve3000, Inc.
Customer Relations Office
1985 Cedar Bridge Avenue, Suite 3
Lakewood, NJ 08701
USA

Or at the following e-mail address: office@achieve3000.com

Achieve3000 has further committed to cooperate in the dispute resolution process for unresolved complaints established by the American Arbitration Association’s International Centre for Dispute Resolution (the “ICDR”), Achieve 3000’s independent recourse mechanism under the Privacy Shield program. EU residents who are users of Achieve3000’s Services (or their parents or guardians) may submit unresolved complaints against Achieve3000 to the ICDR. The applicable page of the ICDR’s website describing its role with the Privacy Shield program and providing information on the complaint resolution process can be accessed via the following URL:  http://go.adr.org/privacyshield.html.

In addition to the foregoing, Achieve3000 has committed to cooperate with the Privacy Shield panel with regard to unresolved Privacy Shield complaints concerning data transferred from the EU.  You may seek binding arbitration before the Privacy Shield panel if your complaint remains unresolved after our attempts to resolve it directly or pursuant to the independent recourse mechanism described above.

Consistent with the Privacy Policy terms applicable to Service Data above and Achieve3000’s adherence to the Privacy Shield principles, Achieve3000 notifies you as follows:

• Achieve3000 will not disclose your EU Personal Data to any third party except for service providers and contractors who enable Achieve3000 to provide the Services. Each such third party is contractually obligated to use EU Personal Data solely for such Services delivery purposes.
• You may access your EU User Data by contacting the applicable School; Achieve3000 will work with the School to respond to any such request.
• Achieve3000 uses EU Personal Data and associated Service Data solely for the purposes of providing its Services to Schools and their student recipients of its Services. Achieve3000 will limit its processing of your EU Personal Data consistent with its Services delivery agreement with the School and the School’s written instructions.
• Achieve3000’s commitment to this Privacy Policy and the Privacy Shield Principles is subject to the investigatory and enforcement powers of the United States Federal Trade Commission (the “FTC”). The FTC’s web site may be accessed at ftc.gov. Consistent with the Privacy Shield Framework and Principles and the ICDR’s dispute resolution procedures, you may have the right to binding arbitration of your complaint or dispute regarding Achieve3000’s use of your EU Personal Data under certain circumstances.
• Achieve3000 may be required to disclose EU Personal Data pursuant to the lawful requests of public authorities, including to meet national security or law enforcement requirements.
• Achieve3000 retains responsibility for EU Personal Data that it transfers to third parties and liable for their improper use of those data.

General Terms for Website User Data

Achieve3000 does not require Website visitors to register and does not solicit personal information as a condition to visitor access to general information on our Website. For Students and Administrators who access our Services through the Website, specific terms applicable to collection and use of Service Data are described above, but the following terms also apply to your use of the Website, including access to Services through the Website.

1. Association with Integrated Services

If you decide to associate our Website with your account on a third-party social networking or integrated service (an “Integrated Service”), such as Facebook™ or Google+™, Achieve3000 may also collect personal information that you have already included with your Integrated Service account. You may also have the option of sharing additional information with Achieve3000 through an Integrated Service. If you choose to provide such information, you are giving Achieve3000 the permission to use, share, and store it consistent with this Privacy Policy.

2. Website Use Information Collected

We may collect information about your use of certain Website features to enable us to understand how visitors access and use the Website and to better tailor the content and content access options of the Website to you and other Website users. In connection with these efforts, we may use various technologies that automatically record certain technical information from your browser or device, including standard log files, web beacons, or pixel tags. The technical information we collect may include your Internet Protocol (IP) address, browser type, internet service provider (ISP), referring or exit pages, click stream data, device operating system, and the dates and times that you visit the Website.

Like most websites we may send one or more cookies – small text files containing a string of alphanumeric characters – to the device by which you access the Website. Cookies collect and retain information about user activities on a website. Their use enables us to provide a more personalized experience to visitors, including Students and Administrators who access Services through the Website. Achieve3000 may use both session cookies and persistent cookies. A session cookie disappears automatically after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Website. You can, however, remove a persistent cookie at any time. Please review your web browser’s “Help” file or menu to learn the proper way to modify your cookie settings. However, without cookies you may not have access to certain services and features of the Website.

Achieve3000 may use third-party service providers, such as YouTube to host videos or Google Analytics™ to understand our Website usage. We may allow third-party service providers to place and read their own cookies, web beacons, and similar technologies to collect information through the Website. This information is collected directly and automatically by these third parties, and Achieve3000 does not participate in these data collections or transmissions. We will, wherever feasible, contractually obligate our third-party service providers to abide by the terms consistent with this Privacy Policy.

We may collect and store information about your location to assess and improve content delivery to you and other Website users in your region. You may be able to change the settings on your computer or mobile device to prevent it from providing us with such information.

3. Correspondence and Information Requests

Users of the Website may submit comments, questions, and other correspondence and make requests for information about our Services via the Website. Personal information submitted in connection with such correspondence and requests is treated consistent with this Privacy Policy. If you submit an item of correspondence that includes a testimonial about our Services, we may publish applicable portions of the correspondence for informational or marketing purposes. However, we will not identify the author of such correspondence using personal information provided unless we obtain the author’s consent to do so. For correspondence received from children we believe are under the age of 13, we will not identify them using provided personal information without their parent’s or guardian’s consent.

4. Access and Use of Collected Information

Achieve3000 permits access to information about Website visitors only to those of its employees, agents, and contractors who have a legitimate operational reason for such access.

Achieve3000 does not rent or sell personal information that we collect to third parties.

In certain instances, Achieve3000 may work with business partners to improve our services or offerings. We may disclose automatically collected and other aggregated anonymized data to authorized business partners to conduct research on online education or assist in understanding the usage, viewing, and demographic patterns for certain Services and/or functionality on the Website.

Achieve3000 may also disclose Website usage information if required to do so by law, or if we have a good-faith belief that such action is necessary to comply with local, state, federal, international, or other applicable laws (such as U.S. Copyright law) or respond to a court order, judicial or other government subpoena or warrant, or administrative request. In some cases, we may make such disclosures without first providing notice to applicable Website users.

In the event that Achieve3000 is acquired by or merged with a third-party entity, we may transfer information that we have collected about Website use as part of such merger, acquisition, sale, or other change of control.

Achieve3000 may disclose information as we believe in good faith is appropriate or necessary to take precautions against liability; to protect Achieve3000 from fraudulent, abusive, or unlawful use of Services or the Website; to investigate and defend ourselves against any third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Website and Service delivery; or to protect the rights, property, or personal safety of Achieve3000, our users, or others.

5. Children Users

Except for Service Data received from Schools and generated by Student access to and use of Services, Achieve3000 does not solicit and does not knowingly acquire, store, or use personal information relating to children who are less than 13 years of age. If Achieve3000 learns that personal information of persons less than 13 years of age (other than Service Data) has been collected via the Website without parental consent, then Achieve3000 will take appropriate steps to delete this information from its systems.

6. Data Security

Achieve3000 makes reasonable efforts to secure our Website and the information users send to us against unauthorized access and corruption. These efforts include employment of physical, administrative, and technical safeguards based on currently available technology and practices to promote the integrity and security of Website user information we collect.

7. Website Links

The Website may be linked to websites operated by other entities or individuals. Some of these websites, such as our Facebook™ page, may be co-branded with our name or logo. This Privacy Policy does not apply to, and we cannot always control the activities of, such other third-party websites. You should consult the respective privacy policies of these third-party websites.

8. International Visitors

Our Website is operated and managed on servers located within the United States. If you choose to use our Website from a Member State of the European Union or another region of the world with laws governing data collection and use that differ from U.S. law, then you acknowledge and agree that you are transferring your personal information outside of those regions to the United States and that, by providing your personal information on or to the Website, you consent to that transfer.

9. Changes and Updates to this Privacy Policy

Achieve3000 may modify or revise this Privacy Policy from time to time. Changes to our Privacy Policy will become effective when posted, with an updated date of revision, on our Website.

10. Contacting Achieve3000

Please contact Achieve3000 with any questions or comments about this Privacy Policy by email at office@achieve3000.com or by mail at: Achieve3000, 1985 Cedar Bridge Avenue, Suite 3, Lakewood, NJ 08701.