1. Who’s who?
“myKlovr” refers to Student Global, LLC, a Delaware limited liability company. When “We” or “Us” or “Our” are used in this policy, it is a reference to myKlovr. The “myKlovr Platform” refers to this website and all applications and content provided by myKlovr. The myKlovr Platform and its content are designed to comply with U.S. laws and regulations. “You” or “Your” refers to the person using an account created on the myKlovr Platform, or otherwise using the website accessible through www.myKlovr.com or any other component of the myKlovr Platform. If you are using the myKlovr Platform as part of your job, or on behalf of your employer, “You” or “Your” refers to both you and your employer.
3. What Information We Gather
3.1 Personal Information
“Personal Information” means individually identifiable information about an individual collected from that individual by myKlovr via the myKlovr Platform or by other means (for example, by You voluntarily submitting Personal Information to Us via the completion of a registration form or in an email You send to Us). The types of Personal Information that We may request include, without limitation, Your name, age, academic performance history, the educational institution in which You are enrolled, Your employer, job title, department, mailing address, email address, and telephone number. Where there are links between the myKlovr Platform and third party sites or social networks, We may collect account information for accounts You use on those third party sites or social networks. In some instances, We may also collect the geo-location data of Your mobile or other device, including, without limitation, GPS-based, Wi-Fi-based, or cell-based location information. Even though We don’t view them as “Personal Information,” We may also collect Your internet protocol (IP) address, MAC address, or other machine or network identifiers as You access the myKlovr Platform. Payment card and financial institution information is collected through our third-party vendors or service providers. We do not store credit card or financial institution information.
We require registration in order for You to use certain features of the myKlovr Platform. As part of the registration process You will be required to provide Us with Personal Information. Some of the Personal Information that We ask You to provide is mandatory and some is voluntary. If You do not provide the mandatory information, You may not be able to use the myKlovr Platform or Your use may be limited to only certain portions. We reserve the right to change which parts of the Website require registration, and which do not, as We modify and update the myKlovr Platform.
3.2 Accessing and Updating Your Personal Information
3.3 Online Tracking
3.4 Adult Audiences Only
The myKlovr Platform is intended to be used only by persons over 13 years of age. We do not knowingly collect Personal Information or other information from or about children. You agree to notify Us immediately in writing via Your myKlovr account, or by mail at 1350 Avenue of the Americas, 2nd Floor, New York, New York, 10019, or by email at email@example.com, if You become aware that We have received information from or about any such individuals.
3.5 Third Party Sites
4. How We Use the Personal Information We Gather
myKlovr may store and use Your Personal Information and, without further notice to You, may provide Your Personal Information to myKlovr affiliates or to third parties in order for Us, Our affiliates or third parties to:
- A. support Our intent to provide’ maintain’ and improve usability of the myKlovr Platform;
- B. collect and distribute payments;
- C. provide You with technical support;
- D. provide You with access to restricted areas of the myKlovr Platform;
- E. comply with legal requirements’ including’ without limitation’ governmental orders’ civil subpoenas’ or discovery requests;
- G. protect the rights’ property’ safety’ or security of myKlovr’ any of Our users or the public’ or to respond to an emergency; or
- H. accomplish or attempt to accomplish any other lawful purpose.
Some data, including, but not limited to, the types of services used and the numbers of users We receive daily in various parts of the myKlovr Platform, may be used for statistical, marketing, promotional, or any other lawful purposes. This kind of information is collected in aggregate/statistical form, without identifying any user individually, and may be shared with or sold to third parties, subject to applicable laws and regulations. Aggregate data that does not identify specific individuals is not Personal Information.
5. Protection of the Personal Information We Gather
myKlovr has implemented industry-standard measures to protect the security of the Personal Information We collect via the myKlovr Platform. The financial partners We use to collect and process payment information are PCI DSS (Payment Card Industry Data Security Standard) certified. Regardless of what measures are used to protect Personal Information, no one can guarantee, and We do not guarantee, that Your Personal Information is completely secure at all times. If We determine that Your Personal Information was accessed in an improper manner, We will comply with applicable laws as We understand them and will cooperate with internal investigators or law enforcement (including by possibly disclosing Your Personal Information to such investigators or law enforcement agencies).
Your Personal Information may also be accessed by anyone having the credentials You use to access the myKlovr Platform. Please understand that You are also responsible for maintaining the confidentiality of Your Personal Information to protect it against unauthorized access or use including’ without limitation’ by ensuring that any credentials that enable access to the myKlovr Platform use strong passwords and are not shared with any third party. To the maximum extent permitted by applicable law’ myKlovr disclaims any responsibility or liability for any misuse of Your Personal Information that results from illegal’ improper’ negligent’ malicious’ or inappropriate acts or omissions of You or any third party’ or from any conduct’ other than willful conduct of myKlovr.
myKlovr may retain Your Personal Information for as long as You continue to use the myKlovr Platform’ and for as long thereafter as permitted or required by applicable law. If We delete Your Personal Information’ it may still be contained on backup media or other systems until such times as such media is destroyed or overwritten’ or data on such other systems are otherwise deleted.
6. Your Rights
In accordance with the applicable law’ myKlovr will provide You with access to Your Personal Information and’ as appropriate’ the right to intervene in respect of Your Personal Information. You may also be entitled to request the deletion of Your Personal Information’ in which case’ if myKlovr’ in its sole discretion’ deems deletion of such Personal Information as mandatory or appropriate’ myKlovr may do so; provided’ however that such deletion will mean that You may no longer be permitted to engage in certain activities’ and may not have any further access to records of Your use of the myKlovr Platform. Deletion of Personal Information in this way may also result in your forfeiture of any usage credits or promotional credits earned by You prior to the deletion.
If You are under eighteen (18) years of age’ You or Your parent or legal guardian may request modification or deletion of Your Personal Information. myKlovr will respond to such requests whether made by You and may respond to requests made by a person who represents to Us that he or she is your parent or guardian’ if myKlovr does not have a good faith basis for disbelieving such representations.
7. Your Choices
If You choose (through the myKlovr Platform) to receive communications regarding special offers’ or any other information’ We may add Your Personal Information to Our email database and use (or direct Our designees to use) Your Personal Information for providing such communications to You. You may later choose to unsubscribe from receiving such communications by following the unsubscribe directions in Our communications. If You provide myKlovr with inconsistent privacy preferences (for example’ by indicating on one occasion that We may provide You with marketing offers and on another occasion that We may not)’ myKlovr will endeavor to update Your privacy preferences in myKlovr’s records with Your latest preference in a timely manner’ but We cannot guarantee how quickly such changes will take effect.
9. FOR CALIFORNIA RESIDENTS ONLY – Your California Privacy Rights
If you are a California resident using the myKlovr Platform’ the following additional terms apply.
9.1 Do Not Track
If You are a California resident’ You may request information about practices related to disclosing Your personal information to certain third parties and/or opt-out of sharing of Your information with unaffiliated third parties for the third parties’ direct marketing purposes’ if applicable. Please send Your request (along with your full name’ e-mail address’ postal address’ and the subject line labeled “Your California Privacy Rights”) by e-mail at firstname.lastname@example.org.
9.2 Notice for Minors
If You are a California resident under the age of 18′ and a registered user of the myKlovr Platform’ California Business and Professions Code Section 22581 permits You to request and obtain removal of content or information You have publicly posted. To make such a request’ please send an email with a detailed description of the specific content or information to email@example.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information You have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
9.3 SOPIPA Compliance
We do not knowingly engage in any of the following activities with respect to the myKlovr Platform:
- (a) Targeted advertising on the myKlovr Platform or targeting of advertising on any other site’ service’ or application when the targeting of the advertising is based upon any information’ including covered information and persistent unique identifiers’ that the myKlovr Platform has acquired because of Your use of the myKlovr Platform.
- (b) Use of information’ including persistent unique identifiers’ created or gathered by the myKlovr Platform to amass a profile about a K-12 student except in furtherance of K-12 school purposes.
- (c) Sale of a student’s information’ including covered information. This does not apply to the purchase’ merger’ or other type of acquisition of the myKlovr Platform by another entity’ provided that the successor entity continues to be subject to the provisions of this section with respect to previously acquired student information.
- (d) Disclosure of covered information unless the disclosure is made:
- i. in furtherance of the K-12 purpose of the myKlovr Platform’ provided the recipient of the covered information disclosed pursuant to this subparagraph:
- 1. shall not further disclose the information unless done to allow or improve operability and functionality within that student’s classroom or school; and
- 2. is legally required to comply with subsections (a)-(c);
- ii. to ensure legal and regulatory compliance;
- iii. to respond to or participate in judicial process;
- iv. to protect the safety of users or others or security of the site; or
- v. to a service provider that is contractually (1) prohibited from using any covered information for any purpose other than providing the contracted service to’ or on behalf of’ myKlovr’ (b) prohibited from disclosing any covered information provided by myKlovr with subsequent third parties’ and (c) required to implement and maintain reasonable security procedures and practices.
- i. in furtherance of the K-12 purpose of the myKlovr Platform’ provided the recipient of the covered information disclosed pursuant to this subparagraph:
These restrictions do not apply to the myKlovr Platform’s use of information for maintaining’ developing’ supporting’ improving’ or diagnosing the myKlovr Platform.
We agree to: (1) implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information’ and protect that information from unauthorized access’ destruction’ use’ modification’ or disclosure; and (2) delete a student’s covered information if the school or district requests deletion of data under the control of the school or district.
Notwithstanding the foregoing’ the myKlovr Platform may disclose covered information under the following circumstances:
- (1) If other provisions of federal or state law require myKlovr to disclose the information.
- (2) For legitimate research purposes: (A) as required by state or federal law and subject to the restrictions under applicable state and federal law or (B) as allowed by state or federal law and under the direction of a school’ school district’ or state department of education’ if no covered information is used for any purpose in furtherance of advertising or to amass a profile on the student for purposes other than K-12 school purposes.
- (3) To a state or local educational agency’ including schools and school districts’ for K-12 school purposes’ as permitted by state or federal law.
Nothing in this section prohibits the myKlovr Platform from using de-identified student covered information as follows:
- (1) Within the myKlovr Platform or other sites’ services’ or applications owned by the myKlovr to improve educational products.
- (2) To demonstrate the effectiveness of the myKlovr Platform’s products or services’ including in their marketing.
Nothing in this section prohibits myKlovr from sharing aggregated de-identified student covered information for the development and improvement of educational sites’ services’ or applications.
“Covered information” means personally identifiable information or materials’ in any media or format that meets any of the following:
- (1) Is created or provided by a student’ or the student’s parent or legal guardian’ to an operator in the course of the student’s’ parent’s’ or legal guardian’s use of the operator’s site’ service’ or application for K-12 school purposes.
- (2) Is created or provided by an employee or agent of the K-12 school’ school district’ local education agency’ or county office of education’ to an operator.
- (3) Is gathered by an operator through the operation of a site’ service’ or application with actual knowledge that the site’ service’ or application is used primarily for K-12 school purposes and was designed and marketed for K-12 school purposes and is descriptive of a student or otherwise identifies a student’ including’ but not limited to’ information in the student’s educational record or email’ first and last name’ home address’ telephone number’ email address’ or other information that allows physical or online contact’ discipline records’ test results’ special education data’ juvenile dependency records’ grades’ evaluations’ criminal records’ medical records’ health records’ social security number’ biometric information’ disabilities’ socioeconomic information’ food purchases’ political affiliations’ religious information’ text messages’ documents’ student identifiers’ search activity’ photos’ voice recordings’ or geolocation information.
This section does not limit the ability of the myKlovr Platform to use student data’ including covered information’ for adaptive learning or customized student learning purposes.
February 17th, 2017