Last updated: March 30, 2023
We have created our Products to assist our school/school district customers (each, a “Customer”) in providing personalized and rewarding online educational experiences to their students. We believe that transparent and strong privacy practices foster these experiences, and we provide this Policy in that spirit. Our Customer agrees to this Policy and any updates, on behalf of its administrators, teachers, students, and students’ parents or guardians (collectively, “Users”). Our Customer is responsible for collecting appropriate User consents that may be required in order to share their Users’ Personal Information with us.
The date on which this Policy was last revised is identified at the top of this page. We will post any updates we make to this Policy from time to time on this page. If we make material changes to how we treat our Users’ Personal Information, we will notify our Customer by email and/or through a notice on the Product’s home page. Any changes will become effective when we post the revised Policy or, in the case of any material changes, provide the revised Policy to our Customer. The Customer is responsible for ensuring we have an up-to-date active and deliverable email address on file, and for periodically visiting the Product’s home page and this Policy to check for any updates.
We recognize the sensitive nature of Personal Information concerning students under age 13, and concerning PreK-12 students generally, where the information is contained in a school’s educational records. This Personal Information is protected under either or both of the following federal statutes: COPPA and FERPA. Our privacy practices comply with both COPPA and FERPA.
This Policy governs our privacy practices with respect to all Personal Information that Users submit, or that we collect in connection with our Products. This Policy governs not only our practices with respect to students’ Personal Information, but also with respect to the Personal Information of teachers and school administrators who use our Products.
COPPA permits a school, acting in the role of “parent,” to provide required consents regarding Personal Information of students who are under the age of 13. Where a school is the subscriber to our Products, we rely on this form of COPPA consent. We provide the school with this Policy, to ensure that the school, in providing its COPPA consent, has full information and assurance that our practices comply with COPPA.
FERPA permits a school to provide educational records (including those that contain students’ Personal Information) to certain service providers without requiring the school to obtain specific parental consent. FERPA permits this where the service provider acts as a type of “school official” by performing services, for example, that would otherwise be performed by the school’s own employees. We fulfill FERPA requirements for qualifying as a school official by, among other steps, giving the school direct control with respect to the use and maintenance of the education records at issue (including associated personal information), and refraining from re-disclosing or using this Personal Information except for purposes of providing our Products to the school. We comply with FERPA by relying on this form of consent.
School administrators and (where applicable) teachers hold access to Personal Information of the students for whom they are responsible, and they are able to update this information in the manner permitted by our Products. School administrators and teachers are similarly able to access and update their own Personal Information. Users should contact their schools if they have questions about their data, including third parties with whom their data may be shared, and how to receive a copy of their data. The parents of a student can obtain access — through their child’s school — to information concerning their child that is available on our Products. To do so, the parent should follow the school’s procedures for access under FERPA. We cooperate with and facilitate the school’s response to these access requests. We limit access to Personal Information to only our employees and Our Service Providers (i) who have a need to know such information, and (ii) who use the information only for the educational purposes of operating, maintaining and supporting our Products and delivering our services.
In addition to our Customers’ obtaining consents regarding Personal Information of Users other than students (such as teachers and school administrators) on our behalf, we may also obtain consents regarding such Personal Information. To obtain these consents we (a) notify the Users of our privacy practices by including links to this Policy within our Products, and (b) rely on their continued use of our Products to indicate their consent to this Policy.
We limit our collection of Personal Information to no more than is reasonably necessary for the User at issue to experience our Products. Specifically, we collect the following types of information:
If we discover that we have collected information in a manner inconsistent with the requirements of COPPA or FERPA, we will either (a) delete the information or (b) promptly seek requisite consents before taking further action concerning the information.
Our Products collect Personal Information in several ways. School administrators and teachers provide Personal Information during the registration process. Teachers and students also submit Personal Information during the normal operation and support of our Products. They submit this information, for example, when creating and responding to teaching assignments and student submissions, and otherwise engaging in educational and other activities available on our Products. MV also collects usage information through technology, such as cookies, as further explained in Section 10 below. Any information shared by a teacher in this capacity MV will If we discover that we have collected information in a manner inconsistent with the requirements of COPPA or FERPA, we will either (a) delete the information or (b) promptly seek requisite consents before taking further action concerning the information.
Certain features (or all features) of our Products may be hosted on third party sites, and in those instances the collection activities described above may be undertaken by this third party, under our direction and control and consistent with this Policy. Most information we collect using technological means is collected only in a non-identifiable way where no information that could be linked to an individual User is used, such as for website optimization and tracking website traffic patterns. If Personal Information is collected, this Policy governs how we use Personal Information.
In addition to the uses described above, and subject to any restrictions imposed by applicable laws or our agreement with our Customer, we may use and disclose the Personal Information we collect for the following purposes:
We use Personal Information for our internal purposes only, with the following limited exceptions. We disclose Personal Information:
We require Our Service Providers to agree in writing to terms that are no less restrictive regarding Personal Information that we share with them than the terms contained in this Policy. Upon written request, we will provide a list of Our Service Providers to our Customer. This Policy does not address, and we are not responsible for, the privacy, information, or other practices of any other third parties, including any third party operating any site or service to which our Products may link. The inclusion of a link in any of our Products does not imply our endorsement of the linked site or service. We are not responsible for the privacy, information or other practices of other organizations, such as Apple, Google, Microsoft, RIM, or any other device manufacturer, app developer, or provider of an app, social media platform, operating system, or wireless service.
We have implemented and maintain reasonable organizational, technical, administrative and physical security controls that are designed to protect the security, confidentiality and integrity of personal information collected through our Products from unauthorized access, disclosure, use, loss or modification. Our information security controls comply with reasonable and accepted industry practice, as well as requirements under COPPA and FERPA. We diligently follow these information security controls and periodically review and test our information security controls to keep them current.
We retain Personal Information of Users of our Products (i) for so long as reasonably necessary (ii) to permit the User to participate with the Products, (iii) to ensure the security of our Users and our services, or (iv) as required by law or contractual commitment. After this period has expired, upon written instruction by the Customer, we will delete the Personal Information from our systems. Please understand that these deletion periods apply only to Personal Information and do not apply to De-identified Information. We retain De-Identified information in accordance with our standard practices for similar information, and do not retain or delete such information in accordance with this Policy.
In addition, if requested by a Customer, we will delete from our Products the Personal Information of the Customer’s Users as the Customer directs. Deleting this information will prevent the User from engaging in some or all features of our Products. Where required by applicable law, we will delete such information and provide a certification of such deletion.
The New York Parents’ Bill of Rights for Data Privacy and Security (the “NY Privacy Bill of Rights”) addresses the relationship between schools and their third party contractors in addition to the schools’ relationships with parents. The only elements of the NY Privacy Bill of Rights that are incorporated herein are those provisions directed to third party contractors (“Contractor Privacy Provisions”). MV agrees to comply with the Contractor Privacy Provisions for Customers in the State of New York. In the event of a direct conflict between this Policy and the NY Privacy Bill of Rights, the NY Privacy Bill of Rights will control. The full text of the NY Privacy Bill of Rights is available here.
You may contact us with questions or concerns regarding this Policy at the following: email@example.com
Our Products do not change their behavior when receiving the “Do Not Track” signal from browser software;
“COPPA” means the Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501–6506, including the rules and regulations promulgated thereunder, in each case as amended.
“De-identified information” means information that meets each of the following criteria: the information (i) does not identify a particular natural person; (ii) does not identify, by network Internet Protocol address, raw hardware serial number, or raw MAC address, a particular device or computer associated with or used by a person; (iii) does not identify the school at issue by name or address; and (iv) is not reasonably linkable to a particular natural person or school because of technical, legal, or other controls.
“FERPA” means the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, including the Protection of Pupil Rights Amendment, including the rules and regulations promulgated thereunder, in each case as amended.
“Our Service Provider” means a third party that provides content and/or functionality for our Products, or services such as website hosting and customer service, and that has executed a written agreement containing terms regarding Personal Information that we share with them that are no less restrictive than the terms contained in this Policy.
“Parent” means a parent or legal guardian of a student.
“Performance Review Data” means professional performance review data of teachers at Customers in the State of New York related to the teacher’s effectiveness in the classroom and other measurements based upon factors including, but not limited to, student achievement or growth on state assessments or examinations, classroom observations by peers, classroom observations by trained evaluators, evaluation of lesson plans and other indicia of teacher practices. Performance Review Data includes annual professional performance data, as defined under New York state law.
“Personal Information” means information that identifies a natural person, as specified in FERPA, COPPA, the California Student Online Personal Information Protection Act, Ch. 22.2, §§ 22584 et seq. of the California Business and Professions Code, and Section 49073.1 of the California Education Code.
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