Formation Learning ("Formation," "we," or "us") is committed to maintaining student privacy and safeguarding students’ personal information. We understand that privacy is tremendously important to our online visitors to our website ("Website Visitors"), to schools who use our Service ("Schools"), and to students whose information we may access on behalf of a School ("Students"). Formation provides a platform that enables Schools to create and manage student schedules and learning activities using data from third-party applications and information entered directly into Formation’s platform. As detailed below, Schools decide which data goes to Formation. This privacy policy applies to our website www.formationlearning.com and to the Formation Learning platform (our "Service") and describes the steps we take to protect your data. 

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1. HOW WE COLLECT AND USE INFORMATION

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We collect the following types of information:

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Information about Schools

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We ask for certain information when a School administrator registers a School with Formation, or if the administrator corresponds with us online, including a name, school name, school district, school email address and/or account name and password, phone number, message content, and information relating to the School's information systems. We may also retain information provided by a School if the School sends us a message, posts content to our website or through our Service, or responds to emails or surveys. Once a School begins using the Formation Service, we will collect content and information provided by the School through the School's use of the Service and we will keep records of activities related to the Service. We use this information to operate, maintain, and provide the features and functionality of the Service, to analyze and improve our Service offerings and functionality, and to communicate with our Schools and website visitors.

 

Student Data

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Through the course of providing its Service to a School, Formation may have access to personally identifiable information about students ("Student Data") that is provided by the School, by the parent or guardian, or by the Student. Depending on the Service selected by the School, a School may authorize Formation to receive Student Data from the application(s) used by the School. Formation has access to Student Data only as requested by the School and only for the purposes of performing Services on the School's behalf. The type of Student Data we collect will depend on how the School uses the Service and the learning applications which the School connects through the Service.

We consider Student Data to be confidential and do not use such data for any purpose other than to provide the services on the School's behalf, in accordance with contractual agreements with the School. Our collection, use, and disclosure of Student Data is governed by our Terms of Use and/or any other agreement with the School, by the provision of the Family Educational Rights and Privacy Act (FERPA), the Children's Online Privacy Protection Act (COPPA), and applicable state laws which relate to the collection of Student Data. If you are a Student or parent, please contact your School if you have questions about the School's use of technology service providers like Formation.

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Information Collected Through Technology

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Like most websites and online services, we and our third party partners automatically collect certain types of usage information when you visit our Services, read our emails, or otherwise engage with us. We typically collect this information through a variety of tracking technologies, including cookies, web beacons, file information and similar technology (collectively, "tracking technologies"). For example, we collect information about your device and its software, such as your IP address, browser type, Internet service provider, platform type, device type, operating system, date and time stamp, a unique ID that allows us to uniquely identify your browser, mobile device or your account, and other such information. We also collect information about the way you use our Service, for example, the site from which you came and the site to which you are going when you leave our website, the pages you visit, the links you click, how frequently you access the Service, whether you open emails or click the links contained in emails, whether you access the Service from multiple devices, and other actions you take on the Service. When you access our Service from a mobile device, we may collect unique identification numbers associated with your device or our mobile application, mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, We may be able to determine your approximate location by analyzing other information, a device's location by analyzing other information, like an IP address to associate a user with their School. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service. Although we do our best to honor the privacy preferences of our visitors, we are not able to respond to Do Not Track signals from your browser at this time.

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Cookies and Related Technology

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Cookies and related technology allow us to provide you with a better user experience. For example, we may use the data collected through cookies to: (a) remember information so that a user will not have to re-enter it during subsequent visits; (b) provide custom, personalized content and information; (c) to identify you across multiple devices; (d) to provide and monitor the effectiveness of our Service; (e) monitor aggregate metrics such as total number of visitors, traffic, and usage on our website and our Service; (f) diagnose or fix technology problems; (g) help users efficiently access information after signing in, and (h) otherwise to plan for and enhance our Service

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If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Please note that doing so may negatively impact your experience using the Service, as some features and services on our Service may not work properly. Depending on your mobile device and operating system, you may not be able to delete or block all cookies. You may also set your e-mail options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our e-mail and performed certain functions with it.

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Third-Party Tracking

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We do not permit third party advertising networks to collect information about your use of our website and Service over time and across websites for the purpose of serving targeted advertising and we will never use Student Data for targeted advertising.

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2. HOW WE SHARE YOUR INFORMATION

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Student privacy is very important to us. Student Data is used only for educational purposes at the direction of the School. Formation only shares personal information in a few limited circumstances, described below. We do not rent or sell information for marketing purposes and we will never share or sell Student Data with third parties for marketing purposes.

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Who we may share information with:

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• We share information within the Service as needed to perform the Service and/or at the direction of the School. For example, information including Student Data, will be shared between and among authorized School users such as teachers and School administrators. This sharing will depend on the settings and functionality selected by the School.

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• We may share information with our trusted third party service providers who perform technology services on our behalf (e.g. web hosting and analytics services), but strictly for the purpose of carrying out their work for us. Contractors and service providers who may have access to Student Data in the course of performing their services are subject to confidentiality and data security requirements.

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• We may be required to share information with law enforcement or other third parties when compelled to do so by court order or other legal process, to comply with statutes or regulations, to enforce our Terms of Service, or if we believe in good faith that the disclosure is necessary to protect the rights, property or personal safety of our users.

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• We may share information in an aggregated and/or anonymous form that does not reasonably identify an individual or School. For example, we may use and share aggregate or anonymized data to study and improve our Service, user functionality, and product offerings.

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In the event of a change of control: If we sell, divest or transfer our business, we will not transfer personal information of our customers unless the new owner intends to maintain and provide the Service as a going concern, and provided that the new owner has agreed to data privacy standards no less stringent than our own. In such case we will provide you with notice and an opportunity to opt-out of the transfer of personally identifiable Student Data.

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How Student Data is Shared

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In addition to the actions described above, Formation may facilitate the sharing of Student Data with third parties, though only when instructed and authorized to do so on behalf of the School. Some elements of our Service enable Schools to interact with parents, students, teachers and third party applications, for the benefit of the student’s education. Formation does not facilitate the sharing of any Student Data with third parties on the Service except on behalf of the School after the School has authorized a third party or application to access Student Data through the Service. Please remember that this Privacy Policy applies to the Formation Services, and not other services or third party applications, which may have their own privacy policies. Schools should carefully read the privacy practices of each third party application before agreeing to engage with the application through the Service.

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3. HOW WE STORE AND PROTECT YOUR INFORMATION

 

Storage and Processing

 

Any information collected through the Service is stored and processed in the United States. If you use our Service outside of the United States, you consent to have your data transferred to the United States.

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Keeping Information Safe

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Formation maintains strict administrative, technical and physical procedures to protect information stored in our servers, which are located in the United States. Access to information is limited (through user/password credentials and two factor authentication) to those employees who require it to perform their job functions. We use industry-standard Secure Socket Layer (SSL) encryption technology to safeguard the account registration process and sign-up information. Other security safeguards include but are not limited to data encryption, firewalls, and physical access controls to building and files.

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Unauthorized Disclosure

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If there is any disclosure or access to any personally identifiable Student Data by an unauthorized party, we will promptly notify the affected School(s) and will use reasonable efforts to cooperate with their investigation of the incident.

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4. YOUR CHOICES ABOUT YOUR INFORMATION

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Account Information and Settings

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Schools may update account information and modify Services through the administrator account. Schools and other website visitors can opt-out of receiving promotional email from us by clicking on the “unsubscribe” feature at the bottom of each email. Sorry, you cannot unsubscribe from Service-related messaging.

If you have any questions about reviewing or modifying account information, contact us by emailing privacy@formationlearning.com

 

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Access to Student Data

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Student Data is provided and controlled by the Schools. If you have any questions about reviewing, modifying, or deleting personal information of a student, please contact your School directly.

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How Long We Keep User Content

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Following termination or deactivation of a School account, Formation may retain profile information and content for a commercially reasonable time for backup, archival, or audit purposes, but any and all Student Data associated with the School will be deleted promptly. We may maintain anonymized or aggregated data, including usage data, for analytics purposes. If you have any questions about data retention or deletion, please contact us by emailing privacy@formationlearning.com

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5. CHILDREN'S PRIVACY

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Formation does not knowingly collect any information from children under the age of 13 unless and until the School has obtained appropriate parental consent for the student to use the Service. Because Formation collects and uses Student Data at the direction of and under the control of a School, Formation relies on each School to provide appropriate notice to parents of the School's use of third party service providers such as Formation, and for the Schools to provide consent, if necessary, and authorization for Formation to collect Student Data, as permitted by the Children's Online Privacy Protection Act (COPPA).

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Please contact us at privacy@formationlearning.com if you believe we have inadvertently collected personal information of a child under 13 without proper consent so that we may delete such data as soon as possible.

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6. LINKS TO OTHER WEB SITES AND SERVICES

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We are not responsible for the practices employed by websites, applications or services linked to or from our Service. We recommend that the School review the privacy policies of other applications before authorizing a third party to access data through the Service.

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7. HOW TO CONTACT US

 

If you have any questions about this Privacy Policy or the Service, please contact us: 

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• By Email: privacy@formationlearning.com

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• By Mail: Formation Learning 454 Las Gallinas Ave PMB 2000 San Rafael, CA 94903

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If you are not satisfied with our response, you can contact the iKeepSafe Safe Harbor Program's consumer complaint department at: coppaprivacy@ikeepsafe.org

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If a Student contacts Formation with a question about our Service, we will collect personal information from that Student only as necessary to respond to the Student's request and direct the Student to contact the Student's School, and we will then delete or anonymize the personal data of the Student after providing our response.

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8. JURISDICTION-SPECIFIC DISCLOSURES

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We may be required by law to provide additional privacy disclosures, depending on the jurisdiction in which you reside. Please refer below for disclosures that may be applicable to you:

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• California. If you are a California resident, please click here for additional California-specific privacy disclosures.

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• Nevada. Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the Nevada resident. At this time, we do not engage in data “sales” as defined by the Nevada law. However, if you would like to submit a request to opt-out of future sales (if any), please contact us directly by emailing privacy@formationlearning.com with the subject line “Nevada opt-out."

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9. CHANGES TO OUR PRIVACY POLICY

 

Formation may modify or update this Privacy Policy from time to time so you should review this page periodically. If we change the policy in a material manner, for example if we seek to use personal information in a materially different way than we had previously, we will provide at least 30 days notice to the Schools so that you have sufficient time to evaluate the change in practice. Of course, you can always opt-out by deleting your account before the changes take effect. This privacy policy was last modified on December 15, 2020.

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Effective Date: December 15, 2020.