PRIVACY POLICY

Effective date: May 2, 2019

Exploros Inc.’s Services are focused on improving engagement in learning and advancing education for schools, districts, administrators, teachers, students and the like. We at Exploros, Inc. (“Exploros,” “we,” “us,” “our”) know that you care about how your personal information is used and shared, and we take your privacy seriously. By accessing or using the Services—including without limitation the Exploros.com website (the “Exploros Site”) and the Exploros application (the “Web Application”)—you acknowledge that you accept the practices and policies outlined in this Privacy Policy. Remember that your use of our Services is at all times subject to the Terms of Service, which incorporates this Privacy Policy. Any terms we use here without defining them have the definitions given to them in the Terms of Service.

Please read on to learn more about how we collect and use your information; if you have any questions or concerns regarding our privacy practices, please send a detailed message to support@exploros.com, or write us at Exploros, PO Box 81, Wayland, MA 01778.

What does this Privacy Policy cover?

This Privacy Policy explains how Exploros collects and uses information from users of its Services, including our treatment of personally identifiable information. Other than as expressly set forth, this Privacy Policy does not apply to websites or practices of companies that Exploros does not own or control, or to individuals that Exploros does not employ or manage.

Terms

The term “K-12 Student” applies to students of United States elementary and secondary schools, and with regard to notice and consent applies only to students of appropriate age as authorized under relevant United States federal law.

The term “K-12 Student Personal Information” applies to the personally identifiable information of any K-12 Student, including indirect identifiers of a K-12’s Student’s personally identifiable information, whether received via such K-12 Student directly or through an educational institution or agency.

The term “Non-K-12 Student Personal Information” applies to personally identifiable information for individuals who would not be considered a K-12 Student.

The term “Personal Information” shall mean all K-12 Student Personal Information and Non-K-12 Student Personal Information.

The term “Non-Personal Information” shall mean any information that is not the personally identifiable information.

The term “Third Parties” shall mean any third party not including a student’s school district, school, other educational institution, any of the representatives of such, or the student’s parent or guardian.

How is K-12’s Student Personal Information treated?

If you are not of legal age to form a binding contract (in many jurisdictions, this age is 18), you may only use the Services and disclose information to us with your parent’s or guardian’s express consent. Review this Privacy Policy with your parent or guardian and make sure you understand it, and please do the same with the privacy policies of all websites you visit or web applications you use.

We only collect Personal Information through the Services from a K-12 Student under the age of 13 where that student’s educational institution, agency, district, administrator and/or teacher has agreed (via the terms described in more detail in the Terms of Service) to obtain parental consent for such K-12 Student to use the Services and disclose Personal Information to us, for the use and benefit of the learning environment. If you are a K-12 Student under the age of 13, please do not send any Personal Information about yourself to us if your educational institution, agency, district, administrator and/or teacher has not obtained this prior consent from your parent or guardian, and please do not send any Personal Information other than what we request from you in connection with the Services. If we learn we have collected Personal Information from a K-12 Student under the age of 13 without parental consent being obtained by such student’s educational institution, agency, district, administrator and/or teacher, or if we learn a K-12 Student under the age of 13 has provided us Personal Information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a K-12 Student under the age of 13 may have provided us Personal Information in violation of this paragraph, please contact us immediately at support@exploros.com.

We only collect information from a K-12 Student under the age of 13 that is reasonably necessary to use the Services and we do not share any such Personal Information with any Third Parties. Parents may review, direct us to delete, or revoke consent for collection of the Personal Information of their child by contacting us at support@exploros.com. For information on what Personal Information we collect, how such Personal Information is collected, and how we use the Personal Information please see the below sections of this Privacy Policy.

What information does Exploros display or collect?

Information You Provide to Us

We receive and store any Non-Personal Information you enter on the Services, whether via computer, tablet, other wireless device, or that you otherwise provide to us. We collect Personal Information as follows:

  1. With respect to Non-K-12 Student Personal Information, we collect information such as your name, username, email address, profile picture, school affiliation and location and any other personal information necessary for us to administer our Services.
  2. With respect to K-12 Student Personal Information, we only collect your name, username, and password for the functionality of the Services.

Required Account Information Collected for a Teacher Account or Administrator Account

When you sign up for a Teacher or Administrator account, you must provide your first and last name, email address, and a password.

Required Account Information Collected for a Student Account

In order for a K-12 Student to sign up for an account, such student must first receive a teacher’s “class code” from such student’s teacher or administrator, or otherwise be imported into a class by a teacher or administrator. The signup process then requires the following K-12 Student Personal Information: (i) first and last name, (ii) username, and (iii) a password. The student account will be connected to the teacher’s class. A single student account may be connected to multiple teacher accounts.

Information Collected Automatically

The term “Usage Information” means all Non-Personal Information, as well certain Personal Information that is collected for school and educational purposes. We receive and store certain types of Usage Information whenever you interact with the Services. For example, Exploros automatically receives and records Usage Information on our server logs from your browser including your IP address, Exploros cookie information, and the pages within the Exploros domain you have visited. We also record the details of your activity on the Services, and the number and frequency of visitors to our site and its components. When you use the Web Application, we automatically collect Usage Information on the type of device, name and version of the operating system, name and version of the application, whether the currently logged in user is an administrator, teacher, student, or other user type, as well as actions performed by the user in accessing the Web Application (“Web Usage Information,” which is considered part of “Usage Information” as described above). However, we do not request, access or track, at any time, any geographic-location-based information from your device (i.e., any information regarding where your device is located on the globe at a particular time), nor do we request, access or track, at any time, any K-12 Student Personal Information, including information that would allow us to create or add to your student profile (unless such information is specifically collected to promote educational purposes). For clarity, this does not prevent us from asking you what school you are affiliated with. Cookies are alphanumeric identifiers that we transfer to your computer or mobile device to enable our systems to recognize your computer or device, and tell us how and when pages in our site are visited and by how many people. Exploros cookies do not collect Personal Information, and we do not combine the Usage Information collected through cookies with Personal Information that could tell us who you are or what your username or email address is. Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. However, we strongly recommend that you leave the cookies activated, because you may not be able to log in or use many of the Services’ most attractive features without cookies enabled. Third Party websites visited through links also transmit cookies to your computer or device, to help provide you with an optimal online experience. The use of cookies by Third Parties is not covered by this Privacy Policy and we do not have access to or control over such cookies or any such Third Party’s privacy policy.

When you use our Web Application, we store and maintain all Usage Information related to the use of our Service. We collect Usage Information you put in our system such as, answers to questions, notes, messages, certain media information posted to our Web Application, and the time you as a user spent using the Exploros Site or Web Application.

What does Exploros use my information for?

Generally

When you use the Services, you may set up your personal profile, form relationships, send messages, perform searches and queries, and transmit information through various channels, depending on the category of user (e.g students, administrators, teachers) (“User Category”) you are registered as, and as permitted by the functionality of the Services and this Privacy Policy. The information we gather from users enables us to personalize and improve our Services and allows users to set up a user account and profile through the Services. However, any such information that would be considered Personal Information from a K-12 Student user is strictly gathered to aid in administration and/or for the advancement of educational and school purposes.

Non-K-12 Student Personal Information

The Non-K-12 Student Personal Information you provide is used for purposes such as responding to your requests for certain information and services, customizing your experience, and communicating with you about the Services.

K-12 Student Personal Information

We use the K-12 Student Personal Information for creating your individual account to identify you within your classes, customizing your experience to promote each individual student’s learning, and for sending you notifications via the Services from your teacher, school, district, fellow class members, and from Exploros (regarding your use of the Services) (“Notifications”). For the avoidance of doubt, Exploros’ use of K-12 Student Personal Information is strictly for aiding in the administration and/or the improvement of educational and school purposes. We maintain K-12 Personal Information only to the extent it may provide value in our effort to aid and advance educational and school purposes. To the extent we become aware certain K-12 Student Personal Information no longer retains an educational or school purpose, we shall remove and delete all such information.

Your Email Address

If you provide us your email address, we may send you email communications. Web beacons may also be used in some of our emails to let us know which emails (and which links within those emails) have been opened by recipients. This allows us to gauge the effectiveness of our customer communications. However, if you are a K-12 Student, we will only use your email address to send you Notifications. To opt out of receiving emails from us, please contact us at support@exploros.com. Please note that if you do not want to receive legal notices from us via email, such as this Privacy Policy, those legal notices will still govern your use of the Services, and you are responsible for visiting this Privacy Policy from time to time to review any changes.

Your Colleague’s Email Address

If you are a teacher and you provide us with another teacher’s name and email address, we will automatically send that teacher an email inviting him or her to visit the Services. We store this information for the sole purpose of sending this email (and, if applicable, subsequent “reminder” emails) and tracking the success of our referral program. The referred teacher may contact us at support@exploros.com to request that we remove this information from our database.

Usage Information

We may use Usage Information (as previously defined) to aggregate data to enable us to figure out how often users use parts of the Services, so that we can make the Services appealing and relevant to as many users as possible, and customize and improve those Services. As part of our use of Usage Information, we may aggregate such Non-Personal Information to our partners (in a non-personally-identifiable format) about how our users use our Service. We share this type of statistical data so that our partners also understand how often people use our partners’ services and the Services to help provide you with an optimal online experience. We may link such Non-Personal Information to Personal Information but such linking will only occur internally and be conducted specifically to aid the administration and/or development of educational learning.

WebMobile Usage Information

WebMobile Usage Information is Non-Personal Information, as well as certain Personal Information used for the advancement of educational purposes, that helps us determine the device capabilities and usage trends, which allows us to better understand which devices we should support and what features are most frequently used.

No Targeted Advertising to K-12 Students

We shall not, nor shall we permit any Third Party to, use any Personal Information or Non-Personal information of a K-12 Student for behavioral targeted advertising.

Will Exploros share any of the Personal Information it receives?

Information about our users is an integral part of our business, however we recognize the importance of user privacy. We do not rent or sell your Personal Information.

We do not share K-12 Student Personal Information unless the receiving party of such K-12 Student Personal Information has privacy policies in place for such information that are consistent with this Privacy Policy. Non-Personal Information may be shared in the form as described below.

Businesses We Do Not Control

In certain situations, businesses or Third Party websites we’re affiliated with may offer or sell items or provide services to you through the Services (either alone or jointly with us). Common forms of such affiliation is the Services’ use of “Publisher Software” which is the software from textbook publishers that is implemented into the Services and “Open Educational Resources” which are published lesson plan, courses or other resources that can be used to the benefit of educators and learners everywhere.

Agents

We employ other companies and people to perform tasks on our behalf and need to share your Non- Personal Information with them to provide products or services to you. Examples include analyzing data, processing payment, and providing user services.

User Profiles

If you are not a K-12 Student, you may choose to populate your user profile on the Services with Personal Information, including, without limitation, your name, photograph, and school affiliation. This user profile information will be displayed to other users to facilitate user interaction within the Services or facilitate interaction with Exploros. If you are a K-12 Student, the only users who may view your profile are those teachers whose classes you belong to, or administrators within your school, district or educational institution.

Communication About the Services or in Response to User Requests

As part of the Services, you may receive from Exploros (depending on your User Category) email or other types of communication relating to your use of the Services or your user profile. You acknowledge and agree that by posting information on the Services or otherwise using the Services, Exploros may send you email, contact you, or engage in other communication that they determine relate to your profile or use of the Services. If you disclose your email address to Exploros, depending on your User Category, we may use it to send updates, a newsletter or other news regarding the Services, or to simply send Notifications. However, if you are a K12 Student, Exploros shall only use your email address to send you Notifications.

Business Transfers

If Exploros, or some of its assets, were acquired or otherwise transferred, or in the unlikely event that Exploros goes out of business or enters bankruptcy, Personal Information and Non-Personal Information may be transferred to or acquired by a third party. In such event, the third party will (i) have privacy policies with respect to K-12 Student Personal Information consistent with this Privacy Policy or (ii) will contact you seeking your permission to receive your transferred information, such permission to be granted in your sole discretion.

Protection of Exploros and Others

We may release Personal Information when we believe in good faith that the release of such is necessary to comply with the law (such as to comply with a subpoena); enforce or apply our Terms of Service, or protect the rights, property, or safety of Exploros, our employees, our users, or others. We will endeavor to give you notice if we release such information for these reasons set forth above, but please understand that we reserve the right not to, as it may not be practical, legal, or safe to do so.

Is information about me secure?

We maintain a security program that is designed to protect the security, privacy, confidentiality and integrity of Personal Information against potential risks. Your Exploros account Personal Information is protected by a password for your privacy and security. We also use coding practices that take steps to prevent attack on our Services from web browsers and malicious scripts, by processing all actions through several permission verifications checks. You may help protect against unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser or tablet by signing off after you have finished accessing your account.

We encrypt the transmission of information using secure socket layer technology (SSL), however, we cannot guarantee security. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information. In the event we become aware of unauthorized access to your Personal Information we will notify your teacher, educational institution, district or parent (as applicable) immediately. For additional information about the security measures we use in connection with the Services, please contact us at support@exploros.com.

The Services may contain links to other websites. We do not share K-12 Student Personal Information with other websites. However, we are not responsible for the Personal Information that you provide directly to such other website. This Privacy Policy only governs information collected by Exploros on the Services.

What information can I access?

We support access to, and the correction, of Personal Information by parents and students and we will assist the school, parent or student (as applicable) in such efforts. You may currently access the following information, if your User Category allows you to input any of the following:

  1. information in your user profile
  2. user preferences
  3. content in your account

Parents may access this information via the student, the educational institution or by contacting us at support@exploros.com. If you would like to request that K-12 Student’s Personal Information regarding your child be updated or deleted, or if you’d like to refuse further contact of your child (or, if you are a teacher, a student that is in your class) by the Services, please contact us at support@exploros.com. A K-12 Student’s participation in our Services, and the ability of a K12 Student to access the Services, will not be conditioned on that student providing more K-12 Student’s Personal Information than is reasonably necessary for that participation or access. We will respond to a request made pursuant to this section within 30 days of our receipt of such request.

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal information that we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to support@exploros.com.

What other choices do I have?

You can always opt not to disclose information, even though it may be needed to take advantage of certain of our features. You are able to correct or delete certain information, as described in the “What information can I access?” section above. You may request deletion of your Exploros account by following the directions as set forth in this Privacy Policy.

Will Exploros ever change this Privacy Policy?

We may make changes to this Privacy Policy from time to time for any reason. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected. If we make changes in the way we use Personal Information, we will notify you via email or by posting an announcement on the Services with two (2) weeks’ prior notice before the change becomes effective. During such two (2) week period, you may request the deletion of your Personal Information or revoke consent for us to continue collecting your Personal Information. However, you are bound by any changes to the Privacy Policy when using the Services upon the conclusion of such two (2) week notice period. This notice period only applies to changes to the Privacy Policy; you understand that it may not be possible in certain situations to provide advance notice of other changes to the Terms of Service (for example, where a change to the Terms is necessary to comply with legal requirements).

What if I’m in a different country?

When you use the Services, you are consenting to have your data transferred to and processed in the United States. All Exploros servers are currently in the United States, and we aren’t able to process your information within the borders of any other country. Given this limitation, if your use of the Services or disclosure of certain information to Exploros would violate any law that is applicable to you, your right to use the Services and/or disclose such information is revoked, as it is wherever use of the Services is prohibited by law (as described in the Terms of Service).

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