Paloma Learning Privacy Policy

Last Modified: February 20, 2024

Introduction

At Paloma Learning Inc. ("Company" or "We"), we respect your privacy and are committed to protecting it through our compliance with this policy.

This privacy policy (this "Privacy Policy") describes the types of information we may collect from you or that you may provide when you visit the website https://www.palomalearning.com (the "Website") (whether as a guest or a registered user), including the Paloma Learning platform and any associated mobile applications or products and services that Company may provide now or in the future (collectively, the "Services"), and our practices for collecting, using, maintaining, protecting, and disclosing that information. This Privacy Policy is designed to comply with (i) the Children's Online Privacy Protection Act, 15 U.S.C. §§ 6501–6506 ("COPPA"), and (ii) the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g ("FERPA"), including the Protection of Pupil Rights Amendment, including the rules and regulations promulgated under COPPA and FERPA, in each case as amended, and contains important information about how we collect, use, and disclose the personal information we collect from children under thirteen years old who access the Services.

The use of the Services and any dispute over privacy, is subject to this Privacy Policy and our Terms of Use, including its applicable limitations on damages and the resolution of disputes. Our Terms of Use are incorporated by reference into this Privacy Policy.

This policy applies to information we collect:

• In connection with providing the Services (including through the Website and from any Data Provider (as defined below) or school official (as defined in Section 99.31(a)(1)(i)(B)) of the Family Educational Rights and Privacy Act) (a "School Official")).
• In email, text, and other electronic messages between you and any of the Services.
• Through mobile and desktop applications you download in connection with using the Services, which provide dedicated non-browser-based interaction between you and any of the Services.
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by Company or any third party; or 
• Any third party (other than Data Providers and School Officials), including through any application or content that may link to or be accessible from or through the Services.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Services. By accessing or using the Services, you agree to this Privacy Policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. 

No one under age 13 may provide any information to or on the Website or otherwise in connection with utilizing the Services without the Company having received verification of parental consent. We do not knowingly collect personal information from children under 13 without such consent. If you are under 13 and we have not received verification of parental consent, do not use or provide any information through the Services (including the Website), register on any of the Services, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13 without such parental consent, please contact us at support@palomalearning.com.

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your State Privacy Rights for more information.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of the Services, including information:

• By which you may be personally identified, such as name, postal address, email address, telephone number, guardian name, phone number and email address ("personal information");
• That is about you but individually does not identify you, such as school name, teacher name, grade, gender, race, and primary language used at home; and/or
• About your internet connection, the equipment you use to access the Services, and usage details.

We collect this information:

• Directly from you, your guardian(s), your school, your school district, or any teacher, school leader, aide, or other similar personnel of any such institution (collectively, the “Data Providers”) and School Officials when any such party provides it to us.
• Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies.

Information You Provide to Us  

The information we collect on or through the Services may include:

• Information that any Data Provider or School Official provides to us in connection with the Services. This includes information provided at the time of registering to use the Services or posting material. We may also ask you for information when you report a problem with the Services.
• Records and copies of your correspondence (including email addresses), if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.

You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Website or any other Services or transmitted to other users of the Services or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies  

As you navigate through and interact with the Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to the Services, including traffic data, logs, and other communication data and the resources that you access and use on the Services.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically may include personal information. It helps us to improve the Services and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize the Services according to your individual interests.
• Enhance your experience using the Services.
• Recognize you when you return to our Website or other applications.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of the Services (including parts of the Website). Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to some or all of the Services. 
• Web Beacons. Pages of our Website and other Services may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications on the Services may be served by third parties. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. 

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

• To provide the Services and their contents to you, including recommendations of third-party resources that we believe will support you.
• To provide you with information, products, or other services that you request from us.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to the Services or any products or services we offer or provide though them.
• To allow you to participate in interactive features on the Services.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

Disclosure of Your Information

We may disclose anonymized and aggregated information about our users, and information that does not identify any individual, without restriction. 

We may disclose personal information that we collect or you provide as described in this Privacy Policy:

• To your school, school district, or other educational institution, as applicable.
• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our users is among the assets transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information: 

• Cookies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Services (including parts of the Website) may then be inaccessible or not function properly.
• Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties' products or services, you can opt-out by sending us an email stating your request to support@palomalearning.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

Residents of certain states, such as California, Nevada, Colorado, Connecticut, Virginia, and Utah may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Website and visiting your account profile page.

You may also send us an email at support@palomalearning.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Services, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Service users. Proper access and use of information provided on the Services, including User Contributions, is governed by our Terms of Use.

Residents of certain states, such as California, Nevada, Colorado, Virginia, and Utah may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

Your State Privacy Rights

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. To learn more about California residents' privacy rights, visit https://oag.ca.gov/privacy/ccpa.

Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:

• Confirm whether we process their personal information.
• Access and delete certain personal information.
• Data portability.
• Opt-out of personal data processing for targeted advertising and sales.

Colorado, Connecticut, and Virginia also provide their state residents with rights to:

• Correct inaccuracies in their personal information, taking into account the information's nature processing purpose.
• Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects. 

To exercise any of these rights or to appeal a decision regarding a consumer rights request, please contact us at support@palomalearning.com.

Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to contact us at support@palomalearning.com. However, please know we do not currently sell data triggering that statute's opt-out requirements.

International Users

Please note that the Services are directed towards users who reside in the United States. By using the Website or the other Services, you consent to the collection, storage, processing, and transfer of your information in and to the United States, or other countries and territories, pursuant to the laws of the United States. Some of these countries may not offer the same level of privacy protection as your own.

Information Applicable to EU Users

The General Data Protection Regulation or "GDPR" gives certain rights to individuals in the European Union in relation to their personal data. As available and except as limited under applicable law, the rights afforded to individuals are:

• Right of Access - the right to be informed of and request access to the personal data we process about you;
• Right to Rectification - the right to request that we amend or update your personal data where it is inaccurate or incomplete;
• Right to Erasure - the right to request that we delete your personal data;
• Right to Restrict - the right to request that we temporarily or permanently stop processing all or some of your personal data;
• Right to Object:
• The right, at any time, to object to us processing your personal data on grounds relating to your particular situation;
• The right to object to your personal data being processed for direct marketing purposes;
• ‍Right to Data Portability - the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party's service; and
• ‍Right not to be subject to Automated Decision-making - the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.

If you wish to exercise any of the above rights, please contact us at support@palomalearning.com.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using TLS technology.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on the Website home page. If we make material changes to how we treat our users' personal information, we will notify you by email to the email address specified in your account and through a notice on the Website home page. The date the Privacy Policy was last revised is identified at the top of the page. If we make any changes to this Privacy Policy that materially affect our practices with regard to the personal information we have previously collected from a child, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Website and by direct notification upon login. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Privacy Policy to check for any changes.

Contact Information

To ask questions about this Privacy Policy and our privacy practices or to register a complaint or concern, please contact us at support@palomalearning.com.