Updated as of: Sept 8, 2020 (prior versions are available here)
Simpliphi, Inc. (the “Company”, “we” or “us”) is concerned about privacy issues and wants you to be familiar with how we collect, use and disclose information.
PLEASE SEE SECTION 6 (CHILDREN; COPPA) FOR SPECIAL TERMS REGARDING OUR COLLECTION OF PERSONAL INFORMATION FROM CHILDREN UNDER AGE 13.
As a high-level, general overview:
- The Service is designed to help instructors use a range of learning tools with a closed group of their students, and to help instructors share their instructional content with their students and with others.
- We limit the information we collect, how we use it, and who we share it with, to what is needed for this educational purpose.
- Our business model is simple – we charge users or their institution a fee for use of the Service. We are not in the business of selling information to third-parties, or of marketing or advertising for third-parties.
- We apply protections for students under age 13 to address COPPA requirements, but almost all protections that we apply to child students we also extend to teen and adult students.
|Please contact us if you have any questions.|
Table of Contents
|1.||WHAT IS ANNOTATE.NET?|
|The Service is intended for use by instructors, such as K-12 teachers, professors, corporate trainers or other presenters (“Instructors”), who wish to use the Service to use a range of tools with students or participants in their course or program (“Students”), or wish to share instructional materials with Students or others, or find and access instructional materials shared by others.|
|Examples of tools include digital white board tools, quiz and polling tools, screen sharing, streaming and recording tools, content annotation and management tools, and discussion and collaboration tools.|
|Tools are used within the group of registered users consisting of the Instructor and the Students admitted by the Instructor (“Course Members Group”). The Course Members Group is managed by the Instructor.|
|2.||SCOPE OF THIS POLICY|
|Our use of information submitted through the Service may also be governed by additional agreements with the school or school district to which we provide the Service.|
|3.1.||Personal Information We Collect|
|As described in more detail below, we may collect, use and disclose Personal Information from Instructors, as well as from Students.|
“Personal Information” is information that identifies an individual, including the following categories:
|We intend to only collect Personal Information that is directly related to our delivery or improvement of the Service.|
|We do not request, collect, or use geolocation data, health data, biometric or genetic data, sensitive data (such as relating to racial, ethnic, political opinion, philosophical or religious belief, criminal background, trade-union membership, or sexual orientation), or data regarding participation in free or reduced lunch programs. We ask that you not send us, and not disclose on or through the Service, any such information.|
|We do not request, collect, or use behavioral data for any sort of advertising or marketing purpose, or for any purpose disallowed by COPPA or FERPA.|
|We do automatically collect usage data in the ordinary course of operations, as discussed under “Other Information”.|
|We do request age (year and month) information, and school affiliation, and treat that information as Personal Information when we combine it with Personal Information.|
|We do not control, and cannot monitor, all information users choose to include in user-created content. We expect that almost no user-created content will be of a nature that, on its own, identifies an individual. We treat user-created content as Personal Information when we combine it with Personal Information, or when required by applicable law. (See “Other Information”)|
|3.2.||How We May Collect Personal Information|
Except as otherwise described below with respect to Child Students, we may collect Personal Information in a variety of ways, including:
|3.3.||How We May Use Personal Information|
We limit use of Personal Information to the following (and further limit its use with respect to Child Students as described under Child Students; COPPA):
|3.4.||How Personal Information May Be Disclosed|
|The Service includes access controls to restrict unauthorized access to Personal Information. We do not sell or rent Personal Information, and do not share it with third-parties for advertising or marketing purposes. We do not disclose Personal Information for research purposes. Except as further limited below with respect to Child Students, Personal Information may be disclosed for the purposes of delivering and improving the Service, in the event of a merger or acquisition, or as mandated by law, as follows:|
For all Users:
If you are a Student:
If you are an Older Student or an Instructor:
If you are an Instructor:
If you are a Non-Educator Instructor using a Free Account
We may also use or disclose Personal Information as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; and (e) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others.
If we are compelled by a government request or subpoena to disclose Personal Information, we will use commercially reasonable efforts to notify you or your school, to the extent permitted by law and by our contract with your school (our customer) where applicable.
Disclosure by Others
We cannot guarantee how other users may use or share your information.
|4.1.||Other Information We May Collect|
“Other Information” is any information that does not, on its own, identify an individual, such as:
|4.2.||How We May Collect Other Information|
|We and our service providers may collect Other Information in a variety of ways, including:|
|Through your browser or device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, device manufacturer and model, language and Internet browser type and version. We use this information to ensure that the Service functions properly.|
Using cookies: Cookies are pieces of information stored directly on your device. Cookies allow us to collect information such as browser type, time spent on the Service, pages visited, language preferences and other traffic data. We and our service providers use the information only to support the internal operations of the Service, such as for security purposes, to facilitate navigation, to display information more effectively, to personalize your experience while using the Service and to recognize your device to assist your use of the Service. We also gather statistical information about use of the Service in order to continually improve its design and functionality, understand how it is used and assist us with resolving questions regarding it.
We do not respond to browser “Do Not Track” signals at this time.
|Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) may be used in connection with the Service to, among other things, track the actions of users (including in connection with the emails we send), measure the success of marketing campaigns and compile statistics about use of the Service and response rates.|
|IP Address: Your IP address is a number that is automatically assigned to the computer that you are using by your Internet service provider. An IP address may be identified and logged automatically in our server log files whenever a user accesses the Service, along with the time of the visit and the pages visited. Collecting IP addresses is standard practice and is done automatically by many websites, applications and other services. We use IP addresses for the purposes of providing support for the internal operations of the Service, such as calculating usage levels, diagnosing server problems and administering the Service. We may also derive your approximate general location from your IP address.|
|From you: Information such as your communications preference may be collected, assessment responses, user-created content, or class participation.|
|By aggregating information: Aggregated Personal Information does not personally identify you or any other user of the Service.|
|4.3.||How We May Use and Disclose Other Information|
|5.||CHOICES AND ACCESS|
|5.1.||Your choices regarding our use and disclosure of your Personal Information|
|All users can choose for their usage to not be tracked by Google Analytics by installing Google’s browser add-on (see “How We May Collect Other Information – Analytics”).|
|For Students, we have already limited our use and disclosure of Personal Information to what is necessary for the purposes of providing the Service to you and your school, and in the event of an Acquisition or legal mandate. For Child Students, we make no other disclosure. For Older Students, any other disclosure is at your sole choice and control by generating and sharing a URL Link.|
|If you are an Instructor, you may opt out from receiving marketing-related emails from us on a going-forward basis by clicking the unsubscribe link in any such email. We will try to comply with your request as soon as reasonably practicable. Please note that if you opt out of receiving marketing-related emails from us, we may still send you important administrative messages, from which you cannot opt out.|
|If you are an Education Instructor, or a Non-Education Instructor with a paid account, you can control what Instructor-created content is visible on your profile page.|
|If you are a not an Education Instructor, and you are using the free version of the Service, you can upgrade to a paid version in order to manage sharing your Instructor-created content on your profile page.|
|5.2.||How you can access, change, export or suppress your Personal Information|
5.2.1. User Profile Information
For Personal Information in a user’s profile, if you are registered using an email, you may update, correct or delete that Personal Information through your account settings page. If you, or your child, is not registered using an email, you can make a request through your school, or contact us as described below in this section 5.2. Account profile data is very limited, and can be exported by printing your account profile page.
5.2.2. User-Created Content
If a user includes Personal Information within user-created content, you can access, change or delete that information by deleting or editing that content through the Service, except where the content has been submitted to the Instructor for grading, it can only be modified with Instructor’s permission.
You can export or download your user-created content, generally as a PDF file. A premium account may be required to download in a different file format.
5.2.3. Student Assessment Data.
For Student assessment data combined with Personal Information of an identifiable Student, that data can be exported or downloaded by the applicable Instructor.
5.2.4. Process to Review, Delete, Terminate.
Authorized representatives of any K-12 school are permitted to review Personal Information held on their behalf, in order to verify accuracy, and to request its correction, update, or deletion.
If you are an Instructor or authorized school administrator and would like to review the Personal Information we have collected from your Student, or if you would like to ask us to make no further use of, correct, or delete, the Personal Information we have collected from your Student, please contact us using this form.
If you are a parent or Student, please contact us through your school (our customer) to request review, correction or deletion of information, or termination of an account. If the Student’s access to the Service is not through a school (for example for Teen Students or Adult Students using the Service outside the K-12 context), or if you cannot contact us through your school, please use this form to make such requests.
In your request, please include your name and the Student’s name, and specify the action you would like us to take. For the Student’s protection, we may need to verify your identity and relationship before implementing your request.
5.2.5. Deletion of Information.
Personal Information will not be retained longer than it is reasonably required to provide the Service and will be deleted promptly when it is no longer reasonably required or upon request, whichever is earlier, subject to any contractual obligations to the school (our customer) if applicable. Company generally intends to maintain Personal Information for a period after a Student last accessed the Service, to enable Students to return to earlier course work for later reference, however we make no guarantee that user information will be retained. Information may be permanently lost if a school, instructor or user terminates a course or an account.
Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion. There may also be residual information that will remain within our databases and other records, which will not be removed. Further, it may not be reasonably possible to locate or delete recordings of screen shares, or a given individual’s voice or image from recordings of class discussions.
|6.1.||Children and COPPA Generally|
|As a service designed for use by Instructors in schools, including elementary and middle schools, we are especially sensitive to protect Child Students and their Personal Information.|
|This section describes how we treat Child Students differently from what is described above for Older Students, and is intended to also explain how we address the requirements of the Children’s Online Privacy Protection Act (“COPPA”), including requirements for parental consent and our commitment to parents’ ongoing rights regarding their child’s Personal Information.|
|The definitions of Personal Information and Other Information above applies also to Child Students (as defined above), except that for Child Students we may additionally collect information about the child’s parents (such as name and contact information).|
|Regardless of whether information is received from Child Students, or from their Instructor, we work diligently to protect that information.|
|Except as described below, we use and disclose the Personal Information of Child Students as set forth above, under “How We May Use Personal Information” and “How Personal Information May Be Disclosed.”|
|The rest of this section describes how our information practices are different with respect to Child Students.|
|COPPA requires that an operator of an online service not collect Personal Information from a child without the prior consent of their parent, which consent can be obtained directly from the parent or through the child’s school or school district.|
|Parental consent, as obtained through the school or school district, is limited to collection, use and disclosure of Personal Information required for delivery of the Service (i.e. for sharing with Instructor/school and classmates, and for “internal operations”), or in the event of an Acquisition, or as compelled by law, in each case subject to the restrictions described above in “How Personal Information May Be Disclosed”. Parental consent does not permit any other disclosure to third-parties.|
|Parental consent can be withdrawn at any time, and Personal Information can be deleted, as described in section 5 of this Policy.|
|To use the Service, an account is required (other than for view-only access to a link-URL shared by the owner of user-created content). For a Student to use the Service, an Instructor can set up an account for a Student with only a first and last name, and when the Student first logs in they will be asked for birth month and year. If the Student sets up their own account, then the following information is required: a first and last name, birth month and year, email address, and a course code provided by the Instructor.|
|Students do not have public account profiles and their information is not visible outside of their Course Members Groups and authorized school officials except as described for Older Students under section 6.5 “Social Interactions and Content Sharing”.|
|6.4.||Limited Use of Information.|
|6.5.||Social Interactions and Content Sharing.|
|Interactions within the Course Members Group are visible to, and can be moderated by, the Instructor. All interactions through the Service are logged.|
|Child Students cannot use the Service to share their content or interact with individuals outside their Course Members Groups, managed by the course Instructors.|
|Older Students are generally subject to the same social interaction and content sharing restrictions as Child Students, except that Older Students (and Instructors) may be permitted to share their own user-created content with individuals outside of the Service, for example by creating a URL link to specific content. The linked page includes their name and profile image (which need not be an image of the user). Anyone with the URL Link can view the shared content; only registered users can add comments. The Older Student is responsible for determining what information, and with whom, to share in this way. Sharing outside the Service is not available for Child Students.|
|6.6.||No In-app Purchases.|
|In-app purchases are not available to Child Students or Teen Students. In-app purchases to upgrade accounts to access additional features or capacity may be available to Adult Students. Such upgrades are available to Child or Teen Students only through an upgrade by their school.|
|6.7.||Right to Review, Delete, Terminate.|
|The Family Educational Rights and Privacy Act (“FERPA”) protects the privacy of personally identifiable information contained in certain student educational records (“FERPA Educational Records”).|
|The Service is designed to enable schools to comply with FERPA obligations if information stored by the Service is considered FERPA Educational Records. Information stored by the Service would either be submitted by Instructors or school administrators, or result from the use by Instructors and Students of assessment tools within the Service.|
|We do not disclose information under the FERPA exception for “Directory” information.|
|The Student Online Personal Information Protection Act (“SOPIPA”), adopted by certain states, imposes certain restrictions and requirements on vendors of websites, apps, and on-line services directed for use by K-12 schools.|
|The Service is designed and operated to comply with SOPIPA. Among other things, the Service does not use data from K-12 Students for targeted ads, we do not create advertising profiles for K-12 Students, we do not sell or rent information of K-12 Students, we use K-12 Student information solely for their school’s educational purposes, to improve the Service, or as required by law, and we will delete information upon request as described in section 5.2 “How you can access, change, export or suppress your Personal Information”.|
|9.||SAFE INTERNET USE; CIPA|
|The Service is designed to support schools to comply with the Children’s Internet Protection Act (“CIPA”), and to manage safety of minors using internet tools, including by limiting search settings (see below), restricting social interactions (see above), and enabling monitoring and moderating by Instructors (see above).|
|9.2.||Age appropriateness of content or linked content.|
|Where the Service includes links or embedded widgets to third-party search tools (such a Google, YouTube, or Flick’r), the linked search is configured to filter out adult content.|
|10.||ADVERTISING AND MARKETING|
|We do not advertise or market to Students.|
|We do not advertise or market third-party products or services to Instructors through the Service or using user email or other Personal Information.|
|We do promote information about the Service to Instructors through our e-newsletter, through the Service, or using user emails, unless the Instructor unsubscribes as described below.|
|We do not use third-party advertising services, or ad tracking services or technologies, to display targeted advertising on third-party websites or services. We do not permit any third-party to use student data to create an automated profile, engage in data enhancement, conduct social advertising, or target advertising to students, parents, teachers or schools.|
|You may opt-out of receiving our e-newsletters at any time by clicking the "unsubscribe" or “manage my email preferences” links located at the bottom of newsletters, or by visiting this page to send a request using our online form.|
|11.1.||Third-party Services Supporting Internal Operations.|
|We use a limited number of third-party service providers, solely to support the internal operations of the Service, including for roles such as website hosting, data transfer, file conversion, search, data analytics, information technology and related infrastructure provision, software development, customer service, email delivery, auditing and other services.|
|The categories of information that may be shared with service providers are limited to what is necessary, and are dependent on the specific services they are providing. In general, we do not disclose Personal Information from a user’s account profile to service providers, and for nearly all service providers, we are able to significantly limit Personal Information that a service-provider might have access to.|
|If a service provider will have access to Personal Information, we take reasonable steps in light of the type of information, and the scope and the duration of such access, to evaluate the service provider’s terms and policies, and to seek additional assurances where appropriate, to confirm that Personal Information of our users will be used and disclosed only on our behalf, and that service provider maintains reasonable data security practices. We do not allow service-providers to re-identify, augment, or combine our end-user’s data with other data sources.|
|A list of our service providers, and links to their terms of service or privacy policies, is available here.|
|The Service does enable login using third-party authentication integrations, for example to allow a user to log in to the Service using their email or social media account. The information we receive from login provides the name, profile picture, and email address (if available) provided by these services.|
|We do not share Personal Information with social or federated login providers.|
|11.3.||Services Accessed Through Links or Widgets|
|For example, this may be in the form of a link or embedded widget, including within content posted by another user.|
|This may also be true in using image search or video search or embedding tools made available through the Service, which use clearly branded third-party services such as Google, Bing, Flick’r, or YouTube. While the Service does not share Personal Information with those services, it is possible that those services will capture browser or device information, or other information depending on the user’s settings and how they use those services.|
|Links to the terms of service or privacy policies for services included by Company are available here. Other terms may apply to services accessed through links or widgets included in content posted by other users.|
|We seek to use reasonable organizational, technical and administrative measures designed to protect the security and integrity of Personal Information within our organization.|
|Among other things, we use TLS 1.2 security at the network level to secure data in transit, including account information, streaming data, and notebook/clip content. All content (notebooks and clips, including any uploaded content) is encrypted at rest. All passwords are salted and hashed. Internally, only authorized personnel have access to Personal Information you provide to us and each employee with access to Personal Information is obligated to maintain its integrity and confidentiality.|
|Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please immediately notify us in accordance with the “Contacting Us” section below.|
|In the event of a security breach, we will use reasonable measures to notify the affected account holders (which may be through their school or district), and will notify relevant authorities, in each case to the extent required by applicable law or our agreement with the school or district.|
|The Service is controlled and operated by us from the United States and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and, by using the Service, you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information. If we are compelled by a government request or subpoena to disclose Personal Information, we will use commercially reasonable efforts to notify you or your school, to the extent permitted by law and by our contract with your school (our customer) where applicable.|
|15.||CONTACTING US; REPORTING ABUSE|
|Because email communications are not always secure, please do not include sensitive information in your emails to us.|