Privacy Policy

Privacy Policy

1.     Introduction

• Hello, we are Class Solver LLC in the USA and Class Solver Technology Inc in Canada, and Class Solver Pty Ltd (ACN 606 140 345) as trustee for the Class Solver Unit Trust (ABN 99 685 353 215) in Australia, New Zealand (Class Solver, we, us) own, operate, and provide Class Solver Placement Software and related services, including our website at ClassSolver.com (Services).
• This privacy policy describes how we collect, hold, use and disclose your Personal Information (as defined in the applicable data protection legislation in your jurisdiction) when using or accessing our Services (Privacy Policy). By using our Services, you agree to this Privacy Policy and our Customer Terms.
• Class Solver’s Services are intended to be used only by authorized School personnel, such as Teachers and Administrators. The Services are not designed or intended to be accessed or used directly by Students or Parents.
• We will only collect, hold, use and disclose your Personal Information in accordance with this Privacy Policy.
• Class Solver respects the rights and privacy of all individuals and is committed to complying with applicable federal, state, provincial, and local privacy laws, rules, and regulations in the jurisdictions where we operate. This includes, but is not limited to:
  • Australia – The Privacy Act 1988 (Cth) and the Australian Privacy Principles;
  • United States – Federal and state privacy laws, including the Family Educational Rights and Privacy Act (FERPA) and New York Education Law § 2-d (Ed Law 2-d);
  • Canada – Federal and provincial privacy legislation, including the Personal Information Protection and Electronic Documents Act (PIPEDA), and applicable provincial laws such as British Columbia’s Personal Information Protection Act (PIPA) and Alberta’s Personal Information Protection Act (PIPA) to the extent that they apply to our provision of services to educational institutions in those provinces. ; and
  • New Zealand – The Privacy Act 2020 and related data protection regulations.
• Class Solver is committed to complying with applicable data protection legislation and maintaining the confidentiality of all educational records containing personally identifiable data of any natural person including Students, Teachers and School Administrators.
• We may, from time to time, review and update this Privacy Policy, including taking account of new or amended laws, new technology and/or changes to our operations. All Personal Information that we hold will be governed by the most recently updated Privacy Policy.
• We will give you notice about any revised Privacy Policy by updating it on our website. For existing customers, we will send an email notification to the email on record providing 30 days’ notice of any amendments coming into effect.
• This Privacy Policy does not apply to any third party services you might access through links or other features (e.g. social media buttons) on the Services. Such third party services have their own privacy policies and practices, and we encourage you to review them before providing them with Personal Information.

2. What is Personal Information?

• “Personal Information” in this Privacy Policy means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with an individual. Examples include a person’s name, email address, account login details, or any combination of information that can be used to identify them.
• This definition also covers information protected under education privacy laws such as FERPA in the United States, PIPEDA and provincial laws in Canada, and the Australian Privacy Act 1988 (Cth).

3. What Personal Information does Class Solver collect?

• Class Solver collects Personal Information that is directly required to provide the Services. We do not collect or require any more Personal Information than is necessary to provide the Services.
• Class Solver collects :
  • From School Administrators and Teachers (users of the Services):
    • Names
    • Email addresses
    • Job titles
    • Payment information
    • Passwords
  • About Students (provided by Schools through Administrators or Teachers using the Placement Software) :
    • Student names
    • Identification numbers
    • Gender
    • Grade and class, and
    • and any other information your School collects, uploads and sends to Class Solver that is necessary to delivery the service.
  • From anyone accessing the Website
    • Information such as IP Address and website usage data may be collected through cookies or similar technologies. For more information about cookies please see our Cookies Policy and your cookie preference settings.
• Class Solver does not collect Personal Information directly from Students. All Student information is provided to us by School Administrators or Teachers who use the Services on behalf of the School. We handle this information solely to provide the Services to the School and only in accordance with the School’s instructions.
• All Student records and related data remain the property of, and under the control of, the School or School District.

4. Why does Class Solver collect Personal Information?

• The primary purpose for collecting your Personal Information is to enable us to perform and deliver our business activities and functions to comply with our contractual and other legal obligations.
• We collect Personal Information as part of providing you with access to the Services, informing you about them,  administering our relationship with you, responding to your enquiries and providing you with information about Class Solver events, products and services that may be of interest to you where you have consented to us providing you with this information.
• We will only use your Personal Information for other purposes if we ask for, and receive your consent first.
• Class Solver does not sell or release any Personal Information for commercial or marketing purposes.

5. How does Class Solver collect Personal Information?

Class Solver collects Personal Information through the following methods:

a) Information provided directly by users (active collection)

• Personal Information is collected when users input data into the Placement Software (the Services), including Student and School information required to use the platform.
• Personal Information may also be collected when users communicate with us directly, including via email, phone, or customer support interactions.

b) Information collected automatically (passive collection)

• When users access the Class Solver website, certain information is collected automatically through cookies and similar technologies, including IP address, device information, and website usage data.
• This information is used to operate, maintain, and improve the website and is further described in our Cookies Policy.

c) Information provided by Schools on behalf of others

• The Services require Schools to input Personal Information relating to Students and other individuals. Our collection and use of that information is necessary to provide the Services.
• Schools are responsible for ensuring that their disclosure of Personal Information complies with applicable privacy laws and their own privacy obligations.

By providing Personal Information to Class Solver, the School represents and warrants that it is doing so in a lawful and compliant manner.

6. How does Class Solver use and share your Personal Information?

• Class Solver may only use the Personal Information it collects for the purpose it was collected for in accordance with this Privacy Policy.
• By providing Personal Information, you understand that Class Solver will be using it to:
  • provide you with the Services
  • administer our relationship with you
  • (if cookies are accepted) monitor online activity on our website for purposes of improving the Services
  • respond to a serious threat to an individual’s life or to public health or safety
  • respond to suspected unlawful activity, or
  • comply with any applicable laws.
• We engage certain third-party service providers for data handling and other services necessary for us to provide the Services to you (Subprocessors). A list of Subprocessors that Class Solver engages is available upon request by contacting support@classsolver.com. Where Subprocessors are located in different jurisdiction to you, we take reasonable steps to ensure they meet applicable privacy obligations.
• We do not disclose Personal Information except to authorized service providers necessary to deliver the Services, as required by law, or to protect the security of the Services and their users.
• We do not sell Student data, use it for targeted advertising, engage in cross-context behavioural advertising, or build Student profiles for marketing purposes.
• Class Solver does not display advertisements within the Placement Software or any authenticated user environment.

7. Where does Class Solver store Personal Information?

• All Personal Information that collected through the Placement Software is stored using Microsoft Azure, one of Class Solver’s Subprocessors. Their privacy policy is located at https://privacy.microsoft.com/en-gb/privacystatement.
• These data are stored based on the School’s location:
  • Southern Hemisphere -> Australia
  • Northern Hemisphere (excluding Canada) -> USA
  • Canada -> Canada

8. Can you remain anonymous or withhold Personal Information?

• Where practical, you may choose not to identify yourself, deal with us on an anonymous basis or use a pseudonym. For example, if you are browsing our Website without creating an account, you may deal with us on an anonymous basis for this purpose.
• In some instances, if you do not provide us with Personal Information we may not be able to provide you with some or all of the Services, or allow you to participate in promotion activities.

9. Will you receive direct marketing?

• If you provide us with your Personal Information (e.g., your email address) and you consent by opting-in to receive direct marketing communications from Class Solver, then you authorize us to send you promotional messages and materials related to Class Solver’s products and services. You can unsubscribe from any direct marketing communications at any time.
• If you unsubscribe from receiving our marketing communications, we will continue to send you essential information relevant to the supply of any Services to you.

10. How can you access and correct your Personal Information?

• If you are a School Administrator, Teacher, or other authorised School staff member, you may access and correct the Personal Information we hold about you directly through the application or by contacting us at support@classsolver.com.
• Requests relating to Student Personal Information must be directed to the School. Class Solver does not respond directly to Student requests but will act only on the School’s documented instructions.
• If you believe that the Personal Information we hold about you is incorrect, incomplete, or inaccurate, you may request correction. We may ask you to verify your identity before processing such a request.
• There may be instances where we cannot make a requested change — for example, if doing so would interfere with the privacy of others or would breach confidentiality. In such cases, we will give written reasons for any refusal.

11. How long do we keep your Personal Information, and how is it deleted?

• Class Solver retains Personal Information only for as long as necessary to provide the Services or as required by law.
  • Administrators: If an Administrator has not accessed the Placement Software for eighteen (18) months or if the Administrator is no longer associated with any School account, Class Solver will initiate the deletion process for that Administrator’s profile and associated Personal Information.
  • School Accounts: If there are no Administrators remaining on a School account, Class Solver will initiate the deletion process for the entire School account and all associated data thirty (30) days later.
  • Deletion Requests: Schools may request deletion of production system data at any time by contacting support@classsolver.com.
• Once deletion is initiated, all active Placement Software data will be securely and permanently deleted without undue delay (typically within 48 hours), and encrypted backups within thirty-five (35) days, by our hosting platforms.
• Schools are responsible for exporting any required data directly from the application before deletion.
• Please note that this deletion commitment applies to Student, Teacher and Administrator data stored within the Placement Software. Certain limited Personal Information about School staff, such as Administrator or billing contact details, may be retained in our customer relationship management (CRM) systems and financial records, but only for as long as necessary to comply with legal obligations, manage the customer relationship, or fulfill contractual requirements.

12. How will we make sure your Personal Information is secure?

• Class Solver limits technical and physical access to Student, Teacher and School Administrator data when stored or transferred, and it adheres to applicable industry best practices in relation to information security.
• We take reasonable steps to protect the Personal Information we hold from misuse, loss, or unauthorized access, including firewalls, role-based access controls, secure servers, and encryption of sensitive data in transit and at rest. Personal Information is encrypted on servers hosted by our cloud service providers, who are required to meet applicable data protection obligations.
• If you suspect any misuse or loss of, or unauthorized access to, your Personal Information, please let us know immediately.
• If we receive unsolicited Personal Information that we are not permitted to collect under this Privacy Policy, or within the confines of the law, we will destroy or de-identify the unsolicited Personal Information as soon as practicable if it is lawful and reasonable to do so.
• We take strong measures to protect the security of Personal Information, but no system can be guaranteed to be completely secure.

13. What happens if there is a data breach?

• Upon the determination of a breach of security resulting in the unauthorized access, acquisition, or disclosure of Student, Teacher, or School Administrator Personal Information, Class Solver will notify the affected School(s) and any required regulators without undue delay, and always within the timeframe required by applicable law or, where applicable, the School’s contract with Class Solver, and in no case later than seven (7) business days after such determination.

14. What happens if Class Solver undergoes a business change?

• If we grow, restructure, merge or change ownership, we may share your Personal Information with Class Solver affiliates such as a parent company, subsidiaries, joint venture partners or other companies that we control or that are under common control with us. If this occurs, your Personal Information will be used only in a way that is consistent with this Privacy Policy, any updated version or any amended Privacy Policy that you have consented to.
• If Class Solver is acquired by another entity, we will provide you with notice of such acquisition by posting on our website and by emailing your School within 30 days following the completion of such acquisition, or such earlier timeframe as required by law in your jurisdiction. If you do not consent to the use of your Personal Information by such a successor company, subject to applicable laws, you may request that your Personal Information be deleted.
• If Class Solver becomes insolvent or files for bankruptcy, we will protect your Personal Information and will not sell it to a third party.

15. Your Privacy Rights and Compliance with FERPA

• Under the U.S. Family Educational Rights and Privacy Act (FERPA), parents and eligible Students have rights with respect to Student education records. These rights are exercised directly with the Student’s School.
• Schools are responsible for ensuring that any disclosure of education records to Class Solver complies with FERPA, including determining whether parental/guardian consent is required or whether a FERPA exception applies (e.g., the School Official exception with a legitimate educational interest, or Directory Information).
• Class Solver acts as a School Official under FERPA, performing institutional services under the School’s direct control regarding education records. We use education records only for authorized educational purposes and comply with FERPA’s re-disclosure requirements. Schools confirm that Class Solver meets their School Official criteria and the Services serve a legitimate educational interest.
• We do not accept or respond directly to parent or Student requests under FERPA; such requests must be made to the Student’s School, and Class Solver will act only on the School’s documented instructions

16. Children’s Privacy – US Children’s Online Privacy Protection Act (COPPA)

• Class Solver does not collect Personal Information directly from children under 13. All Student information is provided by Schools through their Administrators or Teachers. Class Solver operates as a service provider to Schools for educational purposes.

17. Your Privacy Rights and Compliance with PIPEDA and Canadian Privacy Laws

• In Canada, the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy laws govern the collection, use, and disclosure of Personal Information in the education context. Individuals should exercise their privacy rights directly with their School.
• Schools and School boards are responsible for ensuring that their use of Class Solver complies with applicable Canadian privacy requirements, including providing appropriate notices and obtaining consent where required.
• Class Solver acts as a service provider to Schools under a written agreement and processes Personal Information only on the School’s instructions. If Class Solver receives an individual access, correction, or deletion request, we will route the request to the School and support the School in responding; Class Solver will act only on the School’s documented instructions.

18. Your Privacy Rights and Compliance with the Privacy Act 1988 (Australia)

• In Australia, the Privacy Act 1988 (Cth) and the Australian Privacy Principles (and, where applicable, relevant state or territory privacy laws) govern the handling of Personal Information. Individuals should exercise their privacy rights directly with their School.
• Schools are responsible for ensuring that their use of Class Solver complies with these requirements, including providing appropriate notices and obtaining consent where required.
• Class Solver acts as a service provider to Schools under a written agreement and handles Personal Information only on the School’s instructions. We do not respond directly to individual requests under Australian privacy law; such requests should be made to the School, and Class Solver will act only on the School’s documented instructions.

19. Your Privacy Rights and Compliance with GDPR (European Union and United Kingdom)

• Class Solver does not actively market or target its services to Schools in the European Union (EU) or the United Kingdom (UK). However, where our services are used in those jurisdictions, certain rights under the General Data Protection Regulation (GDPR) may apply. These rights are exercised directly with the Student’s School.
• Schools in the EU and UK are the data controllers, responsible for determining the purposes and means of processing Personal Information and for ensuring their use of Class Solver complies with GDPR and UK GDPR.
• Class Solver acts solely as a data processor (as defined under GDPR) on behalf of Schools and processes Personal Information only on their documented instructions. We do not accept or respond directly to requests from individuals under GDPR. Any such requests should be directed to the individual’s School, and Class Solver will act only on the School’s instructions.
• For this limited purpose, Class Solver has appointed Prighter as its EU/UK representative and point of contact. Individuals in the EEA or UK may contact Prighter to exercise their rights at: https://prighter.com/q/19990776129

20. Health Information – Regulatory Restrictions

• The Services are not intended to store or transmit health information subject to the U.S. Health Insurance Portability and Accountability Act (HIPAA), the Australian My Health Records Act 2012, or personal health information (PHI) as defined under the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial health privacy laws. Schools must not upload any health-related data regulated under these or similar laws to the Services.

21. How can you complain about privacy breaches?

• If you have a complaint in relation to the collection, use or and disclosure of your Personal Information, please first contact the Administrator at your School. You may also contact the Class Solver Privacy Officer via the details provided below. The Class Solver Privacy Officer will review all complaints received and respond to each complainant upon due consideration (which may require further information to be provided).
• If you are not satisfied with the outcome of our investigation, you may request that an independent person or data protection authority investigate your complaint. Depending on your jurisdiction, this may include:
  • Australia: the Office of the Australian Information Commissioner (OAIC).
  • Canada: the Office of the Privacy Commissioner of Canada (OPC) or the applicable provincial privacy commissioner (e.g., Alberta, British Columbia).
  • United States: the U.S. Department of Education’s Student Privacy Policy Office (SPPO) for FERPA-related matters, or your applicable state education agency or attorney general’s office for state privacy laws.

Contact Information

• To contact Class Solver about your Personal Information, privacy concerns or complaints:

Class Solver Privacy Officer

Email: support@classsolver.com