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Hello, we are Class Solver Pty Ltd (ACN 606 140 345) as trustee for the Class Solver Unit Trust (ABN 99 685 353 215) (Class Solver, we, us). We own, operate, and provide Class Solver Placement Software, the Class Solver services, and the Class Solver website at www.classsolver.com. This Privacy Policy describes how we collect, hold, use and disclose your personal information.

 

Class Solver respects the rights and privacy of all individuals and is committed to complying with the Privacy Act 1988 and the Australian Privacy Principles (“APPs”) and protecting the personal information we hold. Class Solver is also committed to complying with any other applicable privacy-related law or regulation related to the data we process. Additionally, Class Solver maintains the confidentiality of all educational records containing the personally identifiable data of any student, teacher or principal in accordance with United States federal and state law and with any applicable policies on data security and privacy maintained by the educational agenc(ies) with which Class Solver contracts including the United States federal and state laws and regulations including the Family Educational Rights and Privacy Act of 1974 (“FERPA”), the Children’s Online Privacy Protection Act of 1998 (“COPPA”) and the California Consumer Privacy Act of 2018 (“CCPA”).

 

Class Solver provides training to any of its officers and employees prior to those officers and employees gaining access to student, teacher or principal data received by an educational agency. The content of the training program covers applicable U.S. state and federal law governing confidentiality of data, as well as applicable Australian law.

 

Personal information is any information you provide to us that personally identifies you, like your name, email address, or other information which could be reasonably linked to such identifying information by us. We will only collect, use, and share your personal information in accordance with this Privacy Policy. This Privacy Policy applies whether you use Class Solver through its website, mobile applications, or any of our other products or services that link to this Privacy Policy (collectively, the “Service”). Your use of our website, applications, or Services, and any dispute over privacy, is subject to this Policy and our Terms of Service, including its applicable limitations on damages and the resolution of disputes.

 

The Terms of Service are incorporated by reference into this Policy. This policy does not apply to websites or services or practices of companies that Class Solver doesn’t own or control, such as third party services you might access through links or other features (e.g., social media buttons) on the Service. These other services have their own privacy policies, and we encourage you to review them before providing them with personal information.

 

By using the Service, you acknowledge that you accept and agree to this Privacy Policy.

 

What personal information does Class Solver collect and how is it used?

Class Solver collects the types of personal information required to assist with providing Class Solver’s products and services and informing you about them.

 

This may include personal information such as names, student and other identification numbers, phone numbers, email addresses, and narrative information relating to an individual’s interests, experiences, and preferences.

 

The teacher or school will be responsible for obtaining any necessary parental consent under COPPA. We will not require children to provide more personal information than is reasonably necessary in order to participate in the Service. If we discover that we have collected information from a child in a manner inconsistent with COPPA, we will take appropriate steps to either delete the information, or immediately seek the parent’s consent for that collection. We do not disclose any personal information about children to third parties, except to service providers necessary to provide the Service, as required by law, or to protect the security of the Service or other users.

 

Information collected from children (including personal information and information collected automatically) is never used or disclosed for third party advertising or for any first- or third-party behaviorally targeted advertising, and children’s personal information is never sold or rented to anyone, including marketers or advertisers.

 

Why does Class Solver collect personal information?

We generally collect personal information as part of providing you with access to our products and services, informing you about them, complying with our contractual and other legal obligations, running promotions and other marketing activities or administering our relationship with you by responding to your enquiries and providing you with information about Class Solver events, products and services that may be of interest to you.

 

Class Solver Placement Software, and related products and services, requires a user to input the personal information of students (like names and student numbers) in order to use the software. Our collection and use of that information is essential to the supply of our products and services. Importantly, Class Solver limits its use of student, teacher and principal data to the provision of its services for the educational agencies with which it contracts.

 

Class Solver needs your personal information to carry out these purposes. We may use your personal information for these purposes or for any other purpose listed on a collection statement at the point of collection. We will only use your personal information in other ways if we ask for, and receive your consent first.

 

Class Solver does not sell or release the personally identifiable information of any student for any commercial or marketing purposes.

 

How does Class Solver collect personal information?

Class Solver may collect your information via the Placement Software, our website, social media pages, and/or smart phone applications, as well as when you email or call us, or speak to sales and customer service staff in person.

 

When providing student, parent, staff or other personal information to us, you must ensure that in doing so, you are complying with your own privacy obligations (including your obligations under your own privacy policy (if any) and any applicable law), By providing such information, you represent to us that you are doing so in a compliant way.

 

Class Solver maintains all student, teacher and principal data it receives from an educational agency in the Southern Hemisphere with which it contracts in cloud services supported by Microsoft Azure, located in Australia.

 

Class Solver maintains all student, teacher and principal data it receives from an educational agency in the Northern Hemisphere with which it contracts in cloud services supported by Microsoft Azure, located in the United States of America.

 

Parental Consent

If you are the parent or legal guardian of a child who has created an account with us  and as per the COPPA, you were not informed by your child’s teacher or school, then  you can email us at support@classsolver.com, to have that child’s account deleted.

 

Parents who want copies of their children’s personal information that we may have collected and stored, can contact us by sending an email to support@classsolver.com. At any time, parents can refuse to permit us to collect further personal information from their child, and can request that we delete the personal information we have collected from their child by contacting us at support@classsolver.com.  Before we can share the information with you, or delete it per your request, we will need to verify your identity, for example by requiring that you provide acceptable proof of personal identification. We will not entertain requests by third parties unrelated to the child.

 

How does Class Solver use your personal information? To whom will it be disclosed?

We may use the personal information we collect and hold for the primary purpose for which it was collected by us, i.e. the purpose specified in a privacy collection statement or any other purpose for which you provide consent.

 

By providing personal information, you understand that Class Solver will be using it to:

(a) provide you with products and/or services;

(b) administer our relationship with you;

(c) monitor online activity on the Class Solver website(s) and/or Placement Software for purposes of improving the Class Solver website(s) and/or Placement Software;

(d) market, improve and add to Class Solver’s products and services (including online)[1];

(e) respond to a serious threat to an individual’s life or to public health or safety;

(f) respond to suspected unlawful activity; or

(g) where required or authorised by law.

 

Class Solver limits access to student data to those employees and third party service providers providing services to educational agencies using the Class Solver platform. Class Solver does not disclose any personally identifiable information of any student, teacher or principal to any party outside of Class Solver other than those third parties used by Class Solver to support the Class Solver platform. The third parties with which Class Solver contracts are bound by the same data privacy and security requirements to which Class Solver adheres, according to this policy.

 

Class Solver may also provide personal information to third parties authorised by you to receive personal information held by us.

 

Upon expiration of its contract with an educational agency, Class Solver will export all student, teacher and principal data remaining in its possession to the educational agency with which it contracted and/or securely delete any copy of the student, teacher and principal data remaining in its possession or control. If data is to be maintained by Class Solver for United States federal and/or state reporting, such data shall remain in encrypted format and stored in cloud services based in the United States of America.

 

Can you remain anonymous or withhold personal information?

Yes. Where practical, you may choose not to identify yourself, deal with us on an anonymous basis or use a pseudonym.

 

In some instances, if you do not provide us with required personal information we may not be able to provide you with the requested product or service, allow you to participate in promotion activities or obtain the product or service you are offering.

 

As a result, Class Solver may need to suspend, cancel, decline, or renew the supply of goods and services (subject to our terms and conditions and relevant laws).

 

Will you receive direct marketing?

If you provide us with your personal information (e.g., your email address) and you consent to receiving direct marketing communications from Class Solver, you authorise us to send you promotional messages and materials related to Class Solver’s products and services, unless you submit a later request not to receive direct marketing communications.

 

Class Solver’s direct marketing messages and materials will contain a prominent statement (including, for electronic messages, a functional unsubscribe facility) that you may request not to receive direct marketing communications.

 

If you do not wish to receive marketing or other communications from us, please submit a request not to receive direct marketing communications or use the unsubscribe facility provided in the most recent communication from us or contact us on the details provided.

 

Even if you do opt out of receiving marketing communications from us, you agree that we may still send you information relevant to the supply of any services arranged by us.

 

You may also find links to third party websites via our website or in material we provide to you. We are not responsible for the content or practices of any third party website or business. We advise you check the privacy policy and terms and conditions of any third party website or business before using their services.

 

Will your information be disclosed overseas?

Currently, Class Solver does not disclose your personal information to any person or entity outside the country in which you reside. If this needs to change, Class Solver will inform you prior to any overseas disclosure and will provide the relevant details.

 

How can you access and correct your personal information?

If you are subject to Australian law, you generally have the right to access your personal information free of charge, subject to some limitations contained in the Privacy Act 1988. If you are subject to U.S. law, you have the rights contained in the FERPA, COPPA and the CCPA (if you are a California resident). Make sure to review our policies in compliance with these laws.

 

The APPs set out some circumstances in which Class Solver is not required to provide you with such access. If you ask for your personal information and any of these circumstances exist, you may be given access to the personal information in a way that is permitted under the Privacy Act 1988.

 

To protect personal information held by Class Solver, you may need to confirm your identity before access to your personal information is granted. It may take a little time to process your application for access and retrieve information from storage (if applicable).

 

Class Solver encourages you to update us so that Class Solver has accurate, current and complete information. You may correct any errors or request that Class Solver deletes all or some of your personal information. You may also submit a request not to have any further contact from us.

 

How will Class Solver make sure your personal information is secure?

Class Solver limits technical and physical access to student, teacher and principal data when stored or transferred, and it adheres to applicable industry best practices in relation to information security.

 

Specifically, we will take all reasonable steps to protect the personal information that we hold from misuse, loss, or unauthorised access, including by means of firewalls, password access, secure servers, and encryption of both credit card transactions and all personally identifiable data, whether in transit or at rest.

 

If you suspect any misuse or loss of, or unauthorised access to, your personal information, please let us know immediately.

 

If we suspect any misuse or loss of, or unauthorised access to, your personal information we may inform you of that suspicion and take immediate steps to limit any further access to, or distribution of, your personal information. If we determine that the breach is likely to result in serious harm to you and we are unable to prevent the likely risk of serious harm with remedial action, we will take action in accordance with the Privacy Act 1988 (Cth) and applicable U.S. laws.

 

Upon the determination of a breach of security resulting in an unauthorized release of student, teacher or principal data maintained by Class Solver or an assignee of Class Solver in violation of applicable United States state or federal law, the terms of the contract between the educational agency to which the data belongs, or the data privacy and security policies of the educational agency to which the data belongs, Class Solver will notify such educational agency of the breach in the most expedient way possible and without unreasonable delay.

 

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 will destroy or de-identify your personal information if we no longer require it to deliver our services as soon as practicable if it is lawful and reasonable to do so.

 

We endeavor to protect the privacy of your account and other Personal Information at all times and have strong measures in place, but we cannot guarantee complete security. As you would be aware, the transmission of information via the Internet is not completely secure.

 

Your data is also encrypted at rest on the servers hosted by our cloud services partner who will also ensure compliance with COPPA, and their stringent security measures.

 

Does Class Solver use “cookies”?

Yes. When you use Class Solver’s website(s), products or services, Class Solver or our service providers may obtain information using technologies such as cookies, tags, web beacons, and navigational data collection (log files, server logs, and clickstream data) to better understand your user experience. For example, Class Solver or our service providers may collect information like the date, time and duration of visits and which webpages are accessed.

 

This information is generally not linked to your identity, except where it is accessed via links in Class Solver emails or where you have identified yourself. We may also collect anonymous data (which is not personal information) relating to your activity on our website (including IP addresses) via cookies. We generally use this information to report statistics, analyse trends, administer our services, diagnose problems and target and improve the quality of our services.

 

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 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, then you may request that an independent person (usually the Commonwealth Privacy Officer) investigate your complaint.

 

Will this Privacy Policy change?

Class Solver may amend this Privacy Policy from time to time. Amendments will be effective immediately upon notification on this website, so make sure you review this policy regularly.

 

Who can you contact about your personal information?

To contact Class Solver about your personal information, concerns or complaints, email support@classsolver.com or alternatively, write to Class Solver at PO BOX 2560 Rowville VIC 3178.

 

Compliance with U.S. laws

This Privacy Policy is in accordance with the U.S. Family Educational Rights and Privacy Act of 1974 (“FERPA”), Children’s Online Privacy Protection Act (“COPPA”) and the California Consumer Privacy Act of 2018 (“CCPA”), if applicable, and outlines compliance practices regarding the personal information of all students under 13.

 

FERPA

Privacy Rights

FERPA provides students with privacy rights and protection for educational personally identifiable information collected and processed on behalf of educational institutions receiving government funding from the U.S. Department of Education. FERPA provides students with rights to obtain from these educational institutions access to their educational records, as well as correction and amendment of their educational records, even though the CCPA does not apply to non-profit and public educational institutions.

 

How Class Solver maintains compliance with FERPA

The FERPA protects the privacy of students’ education records. Schools must have obtained written permission from a student’s parent, guardian, or other eligible students before releasing any information from a student’s education record. Without that written consent, FERPA only allows a school to share student information if an exception is met.

 

Schools can divulge information under two common exceptions, as per the FERPA: (1) the “Directory Information”[2] and (2) “School Official” [3] exception.

 

Is anything on Class Solver an “Educational Record”?

Each school must decide whether the information submitted to Class Solver is an “Educational Record” under the FERPA. If work completed in Class Solver is deemed to be an “Educational Record,” then one of the exceptions must be met, or parent consent must be obtained.

 

Our Terms of Service are written to make it easy for schools to support either approach, and to thereby ensure compliance with FERPA.

 

How does Class Solver help schools stay FERPA-compliant?

Under FERPA, schools can use the “School Official” exception to share some information with third-parties that provide a legitimate educational function. Alternatively, some schools may instead get parent consent for each technology they use through a written consent letter. Our Terms of Service support this approach, too, for complying with FERPA.

 

Review and Deletion of Personal Information

Under FERPA, parents have the right to refuse Class Solver further contact with their child and to have access to their child’s school record information and to have it deleted by contacting the school administrator.

 

If you are a parent and would like more information on parental rights with respect to a child’s educational record under the FERPA, please visit the FERPA site. If you believe that a student’s school, district, or teacher has not required parental consent prior to our collection of any personal information, contact us at support@classsolver.com.

 

If you do not agree with our terms of use and privacy policy at some point in the future, you may opt-out by contacting the Class Solver Class Solver partner, i.e. your school, if you are a school account user, or contact us directly at support@classsolver.com if need be.

 

If you wish to review your or your student’s or your child’s personally identifiable information, please email us your request at support@classsolver.com. You may also correct, update, or delete any of your student or child’s personal information by making the change directly in the user profile you initially created, or by emailing us. We will respond to your request within thirty (30) days.

 

We will retain and use your information as necessary to comply with our legal obligations only. We will retain your information only for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, please contact us.

 

In any correspondence such as e-mail or mail, please include the child’s username, the school or organization, and the teacher or parent’s email address and telephone number. To protect children’s privacy and security, we will take reasonable steps to help verify a teacher or parent’s identity before granting access to any personal information.

 

COPPA Privacy Policy

In addition to our Privacy Policy, the policies outlined in this COPPA Privacy Policy supplement the information contained therein and apply to all students in K-12 education, not only those under age 13. In the event any terms of our general Privacy Policy are inconsistent or conflict with this COPPA Privacy Policy, the terms contained in this COPPA Privacy Policy shall prevail.

 

Teacher or schools’ consent

As per the provisions of the COPPA, for any school-based activities, teachers and school administrators can act in lieu of parents and provide consent for the collection of personal information of a student. However, schools have to notify the parents of such student with respect to these activities.

 

Class Solver collects limited personal information from students where that student’s school, district, or teacher has provided access to the Class Solver service, which collects personal information solely for the use and benefit of the learning environment.

 

Obtaining parent’s consent is mandatory and schools, districts, or teachers must ensure this compliance condition is met.

 

If you are accessing our Service on behalf of a class, school or District, the following provisions also apply:

  • You are solely responsible for complying with COPPA as regards securing parental consent for accessing applications which require personal information from children under 13;
  • You have to mandatorily obtain parental consent from parents of students who will be accessing our website, and using our Services. A copy of Class Solver’s Privacy Policy should be provided to the parent whose consent is being sought. We request that you provide a copy of such consent upon our request. You can visit ftc.gov/privacy for additional information on COPPA..

 

Personal information stored

Class Solver will require users to create an account on the website with details such as email address and enter a password. Such details will be stored on the website, Additional information such as name of school or class, and whether they are a teacher or student, in order to assign the user to the correct user group may be required for the account.

 

Class Solver collects limited personal information from students only where that student’s school, district, or teacher has engaged with Class Solver to collect personal information for the use and benefit of the learning environment. This information is not shared outside of the school or with any third parties except those needed for the provision of the service as outlined in this policy.

 

We will not require a child to provide more information than is reasonably necessary in order to participate in the online activity, and we use this personal data for no other purpose than providing the service to the user. In case students or users do not wish to share certain information on the Class Solver website or Services, they can choose to do so, however, certain functionalities may not be available without the required information.

 

Use of Cookies

The use of Cookies is as per our general Privacy Policy. However, we do not link automatically-collected data using Cookies to other information we collect about you.

 

Changes to this COPPA Privacy Policy

We reserve the right to amend this COPPA Privacy Policy at any time. Please check this page periodically for changes.  We will also contact your by email when we intend to make a material change in the collection, use, or disclosure practices with respect to a student’s previously-collected personal information to which a school or district has previously has consented, we will contact by email to obtain the consent of the school, district, teacher or parent who registered for the service in connection with the child to such changes.

 

Disclosure and Permissions

As per COPPA, we do not disclose personal information collected from children/students to third parties other than to persons who provide support for the operations of the service and who do not use the information for any other purpose, except to parents and teachers and school administrators.

 

We may disclose any and all personal information collected from a child to the parent or teacher who registered for the service in connection with such child.

 

We reserve the right to disclose your or your child’s personally identifiable information as required by law if believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our website.

 

Privacy Statement for California Residents

Effective Date: January 1, 2020

 

Introduction and Scope of this Privacy Statement

This privacy statement supplements our general Privacy Policy and is applicable to you only if you are a California resident. As a California resident, as per the California Consumer Privacy Act of 2018 (“CCPA”), you have the right to know what categories of Personal Information Class Solver (“Class Solver,” “we,” “our,” or “us”), collects about you, how and for what purposes we use and share that personal information.

 

Students’ privacy rights in compliance with FERPA will be complied with and followed, as also stated in our general Privacy Policy.

 

“Personal Information” as used in this statement, means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. Personal Information includes, but is not limited to, the categories of Personal Information identified below if such information identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular individual or household.

 

Sale of Personal Information

As also stated in the general Privacy Policy, we do not and will not sell or rent, any Personal Information collected through the Services.

 

Privacy Rights

Right to Know. California residents may request Class Solver to disclose the following information about collection and use of their personal information over the past twelve (12) months, provided that such requests are made no more than twice within a twelve (12) month period:

  • The categories of personal information collected;
  • The categories of sources for the personal information collected;
  • The business or commercial purpose for collecting, and, if applicable, selling, personal information;
  • The specific pieces of personal information collected;
  • If the personal information has been disclosed, the categories of personal information disclosed and the categories of third parties receiving the personal information;
  • If the personal information has been sold, the categories of personal information sold and the categories of third parties to whom the personal information was sold.

 

Right to Delete. California residents may request that Class Solver delete their personal information that we have collected and retained by us or our service providers. However, as per the CCPA, please bear in mind that this right is limited and we may deny such a request if it is necessary for Class Solver or our service provider to maintain the personal information collected in order to:

  • Complete the transaction for which the personal information was collected, provide a service requested by the user, or reasonably anticipated within the context of a business’ ongoing business relationship with the user, or otherwise perform a contract between the business and the user.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
  • Debug to identify and repair errors that impair existing intended functionality;
  • Exercise free speech ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code;
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest, where the deletion of the information is likely to render impossible or seriously impair the achievement of such research, if the user has provided informed consent;
  • Enable solely internal uses that are reasonably aligned with the expectations of the user based on their relationship with the business;
  • Comply with any legal obligation;
  • Otherwise use the user’s personal information, internally, in a lawful manner that is compatible with the purpose for which the user provided the information.

 

Right to No Sale of Personal Information. Even though we do not sell your Personal Information, as per the CCPA, a California resident has the right to opt-out of the sale of their Personal Information by a business subject to the CCPA. In addition, if you are age 16 or younger, then in compliance with CCPA, Class Solver will need to have your affirmative authorization in order to sell the Personal Information of a California resident who is of the said age. To reiterate, Class Solver does not sell or rent Personal Information collected through the Services.

 

Right to Non-Discrimination. Class Solver does not discriminate against a California resident for exercising any of their CCPA privacy rights.

 

How to Make a Request under the Right to Know and Right to Deletion – California residents may submit a “Right to Know and Right to Deletion” request to Class Solver by emailing us at support@classsolver.com.

 

Note: Users should direct any access, deletion or correction requests related to education records and directly to their educational institutions. Being a service provider, Class Solver cannot delete or modify education records or other records collected or processed for, or on behalf of, an educational institution, unless it is directed to do so by the educational institution directly.

 

We will not require a California resident to set up an account in order to make a request or receive the requested information. In order to respond to a request, however, we must be able to reasonably verify, understand and fulfill the request. We will not be able to respond to the request if we are unable to verify identity or the authority to make the request. In conducting verification, we generally will use personal information previously collected by us or require you to submit necessary personal identification documentation as described in our general Privacy Policy. We do not entertain requests made on behalf of another individual except parents or school teachers. In responding to requests, we may limit the information provided for privacy and security reasons, as permitted by law.

 

Our goal is to respond to requests within thirty (30) days. If we need more time, we will request another thirty (30) days.  Usually, we do not charge any fee to respond to your requests, however, if the request if unfounded or repetitive, then we will let you know of our fee and why such fee will be necessary.

 

Changes to this California Privacy Statement

We may update this Privacy Statement from time to time in the same way that we update our general Privacy Policy.

 

Contact Information

If you have any questions or comments about this statement or your rights under California law, please contact us at support@classsolver.com.

 

[1] Class Solver does not sell or release the personally identifiable information of any student, teacher or principal for any commercial or marketing purposes.

[2] FERPA defines “directory information” as information contained in the education records of a student that would not generally be considered harmful or an invasion of privacy if disclosed. Typically, “directory information” includes information such as name, address, telephone listing, date and place of birth, participation in officially recognized activities and sports, and dates of attendance. A school may disclose “directory information” to third parties without consent if it has given public notice of the types of information which it has designated as “directory information,” the parent’s or eligible student’s right to restrict the disclosure of such information, and the period of time within which a parent or eligible student has to notify the school in writing that he or she does not want any or all of those types of information designated as “directory information.” The means of notification could include publication in various sources, including a newsletter, in a local newspaper, or in the student handbook. The school could also include the “directory information” notification as part of the general notification of rights under FERPA. The school does not have to notify a parent or eligible student individually. (34 CFR § 99.37.)

[3] Who is a “School Official” under FERPA? A “school official” includes a teacher, school principal, president, chancellor, board member, trustee, registrar, counselor, admissions officer, attorney, accountant, human resources professional, information systems specialist, and support or clerical personnel.

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