Version Effective Date: May 23, 2019
Achieve3000, Inc., a Delaware corporation (“Achieve3000”, “we” or “us”), is committed to assuring the privacy of student users (“Students”) of our educational products and services (“Services”), the teachers and administrators of educational institutions that subscribe to our Services (“Administrators”), and visitors to this website (“Website”).
Service Use and Service Data; FERPA Compliance
Achieve3000 provides the Services solely to and through subscribing schools, school districts, and other educational institutions (“Subscribers”). Identity information for Students and Administrators for Service delivery is provided to Achieve3000 by Subscribers and is not separately solicited by Achieve3000. The information provided to us by Subscribers may include certain individually identifiable information, including Students’ first and last names, schools, school districts and grade levels, and Administrators’ names, titles, and curricular responsibilities. We also collect and record data identifiable to individual Students and Administrators regarding their use or administration of, and interaction with, our Services. At the request of a Subscriber, we may also accept and include in reports we provide to the Subscriber additional Student data, including class code, room number, race/ethnicity, student demographic information, socioeconomic status, disabilities, student grades and/or test scores, test dates, and other information which a Subscriber may request. Collectively, the information we receive regarding Students and Administrators and that is generated through their interaction with our Services constitutes Service Data as defined above.
Achieve3000 uses Service Data solely to deliver the Achieve3000 Services to and through associated Subscribers, provide Students with individualized content within those Services, and provide Administrators with reports on Students’ academic progress in using the Services. Achieve3000 does not collect any more individually identifiable information about Students and Administrators than is reasonably necessary to administer and provide our Services and individualized content to Students and their respective Subscriber institutions, to enable participation in Subscriber-sanctioned Student contests, and to generate Subscriber-requested reports on individual Student academic progress. Achieve3000 may also perform internal research and analysis on aggregated and anonymous Service Data to assess Service effectiveness and improvements in Student performance. Achieve3000 may also use such aggregated and anonymous Service Data (properly de-identified as required by FERPA, where necessary) to market its Services.
Except as directed by the responsible Subscriber, Achieve3000 does not disclose Student or Administrator information or other Service Data that is identifiable to an individual to third parties other than our contractors and agents directly involved in the development and delivery of our Services who have a legitimate operational need to have access to such Service Data. These contractors and agents who help us manage our Service delivery and related information handling activities are required to use these data only as needed to perform the specific services they provide and not for any other purpose.
Students and Administrators are provided private user names and passwords to access applicable Services and associated Service Data by Achieve3000. These identification credentials allow Students to gain access to the Services to which their respective Subscriber institutions subscribe and allow Administrators to track Student progress and assignment completion. Achieve3000 Services and associated Service Data are not made accessible to anyone other than our employees, contractors, and agents involved in Service development, delivery, and administration with a legitimate operational need to access the Services and Service Data and those accessing the Services or associated Service Data using assigned user names and passwords.
If the parent or legal guardian of a Student wants to review the information that Achieve3000 has collected about the Student or learn more about the Service(s) the Student is participating in, he or she should contact the Student’s school and/or school district.
Achieve3000 sometimes posts materials from Students on its Website and on-line Services. These materials may include Student comments, testimonials, and contest results. When we post such material, we limit associated identity information to the applicable school, state, and age or grade of user.
Achieve3000 makes reasonable efforts to secure Service Data against unauthorized access. These efforts include employment of physical, administrative, and technical safeguards based on currently available technology and practices to promote the integrity and security of the Services and Service Data.
When Student information shared with us by our Subscribers includes records that are subject to the terms and conditions of the Family Educational Rights and Privacy Act of 1974, as amended (FERPA), Achieve3000 is considered a “School Official” (as that term is used in FERPA regulations) and will comply with all applicable FERPA requirements.
Participation in the EU – US Privacy Shield Framework
Customer Relations Office
1985 Cedar Bridge Avenue, Suite 3
Lakewood, NJ 08701
Or at the following e-mail address: firstname.lastname@example.org
Achieve3000 has further committed to cooperate in the dispute resolution process for unresolved complaints established by the American Arbitration Association’s International Centre for Dispute Resolution (the “ICDR”), Achieve 3000’s independent recourse mechanism under the Privacy Shield program. EU residents who are users of Achieve3000’s Services (or their parents or guardians) may submit unresolved complaints against Achieve3000 to the ICDR. The applicable page of the ICDR’s website describing its role with the Privacy Shield program and providing information on the complaint resolution process can be accessed via the following URL: http://go.adr.org/privacyshield.html.
In addition to the foregoing, Achieve3000 has committed to cooperate with the Privacy Shield panel with regard to unresolved Privacy Shield complaints concerning data transferred from the EU. You may seek binding arbitration before the Privacy Shield panel if your complaint remains unresolved after our attempts to resolve it directly or pursuant to the independent recourse mechanism described above.
- Achieve3000 will not disclose your EU Personal Data to any third party except for service providers and contractors who enable Achieve3000 to provide the Services. Each such third party is contractually obligated to use EU Personal Data solely for such Services delivery purposes.
- You may access your EU Personal Data by contacting the applicable Subscriber; Achieve3000 will work with the Subscriber to respond to any such request.
- Achieve3000 uses EU Personal Data and associated Service Data solely for the purposes of providing its Services to Subscribers and their student recipients of its Services. Achieve3000 will limit its processing of your EU Personal Data consistent with its Services delivery agreement with the Subscriber and the Subscriber’s written instructions.
- Achieve3000 may be required to disclose EU Personal Data pursuant to the lawful requests of public authorities, including to meet national security or law enforcement requirements.
- Achieve3000 retains responsibility for EU Personal Data that it transfers to third parties and may be liable for their improper use of those data.
General Terms for Website User Data
Achieve3000 does not require Website visitors to register and does not solicit personal information as a condition to visitor access to general information on our Website. For Students and Administrators who access our Services through the Website, specific terms applicable to collection and use of Service Data are described above, but the following terms also apply to your use of the Website, including access to Services through the Website.
1. Association with Integrated Services
2. Website Use Information Collected
We may collect information about your use of certain Website features to enable us to understand how visitors access and use the Website and to better tailor the content and content access options of the Website to you and other Website users. In connection with these efforts, we may use various technologies that automatically record certain technical information from your browser or device, including standard log files, web beacons, or pixel tags. The technical information we collect may include your Internet Protocol (IP) address, browser type, internet service provider (ISP), referring or exit pages, click stream data, device operating system, and the dates and times that you visit the Website.
Like most websites we may send one or more cookies – small text files containing a string of alphanumeric characters – to the device by which you access the Website. Cookies collect and retain information about user activities on a website. Their use enables us to provide a more personalized experience to visitors, including Students and Administrators who access Services through the Website. Achieve3000 may use both session cookies and persistent cookies. A session cookie disappears automatically after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Website. You can, however, remove a persistent cookie at any time. Please review your web browser’s “Help” file or menu to learn the proper way to modify your cookie settings. However, without cookies you may not have access to certain services and features of the Website.
We may collect and store information about your location to assess and improve content delivery to you and other Website users in your region. You may be able to change the settings on your computer or mobile device to prevent it from providing us with such information.
3. Correspondence and Information Requests
4. Access and Use of Collected Information
Achieve3000 permits access to information about Website visitors only to those of its employees, agents, and contractors who have a legitimate operational reason for such access.
Achieve3000 does not rent or sell personal information that we collect to third parties.
In certain instances, Achieve3000 may work with business partners to improve our services or offerings. We may disclose automatically collected and other aggregated anonymized data (properly de-identified as required by FERPA, where necessary) to authorized business partners to conduct research on online education or assist in understanding the usage, viewing, and demographic patterns for certain Services and/or functionality on the Website.
Achieve3000 may also disclose Website usage information if required to do so by law, or if we have a good-faith belief that such action is necessary to comply with local, state, federal, international, or other applicable laws (such as U.S. copyright law) or respond to a court order, judicial or other government subpoena or warrant, or administrative request. In some cases, we may make such disclosures without first providing notice to applicable Website users.
In the event that Achieve3000 is acquired by or merged with a third-party entity, we may transfer information that we have collected about Website use as part of such merger, acquisition, sale, or other change of control.
Achieve3000 may disclose information as we believe in good faith is appropriate or necessary to take precautions against liability; to protect Achieve3000 from fraudulent, abusive, or unlawful use of Services or the Website; to investigate and defend ourselves against any third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Website and Service delivery; or to protect the rights, property, or personal safety of Achieve3000, our users, or others.
5. Child Users and COPPA
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. Except for Service Data received from Subscribers and generated by Student access to and use of Services, Achieve3000 does not solicit and does not knowingly acquire, store, or use personal information relating to children who are less than 13 years of age. If Achieve3000 learns that personal information of persons less than 13 years of age (other than Service Data) has been collected via the Website without parental consent, then Achieve3000 will take appropriate steps to delete this information from its systems.
6. Data Security
Achieve3000 makes reasonable efforts to secure our Website and the information users send to us against unauthorized access and corruption. These efforts include employment of physical, administrative, and technical safeguards based on currently available technology and practices to promote the integrity and security of Website user information we collect. In the event of a data breach, Achieve3000 will notify affected Students or Administrators (or, where appropriate, their school) in compliance with applicable laws.
7. Website Links
8. International Visitors
Our Website is operated and managed on servers located within the United States. If you choose to use our Website from a Member State of the European Union or another region of the world with laws governing data collection and use that differ from U.S. law, then you acknowledge and agree that you are transferring your personal information outside of those regions to the United States and that, by providing your personal information on or to the Website, you consent to that transfer.
9. California Online Privacy Protection Act
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
You can change your personal information:
- By emailing us
How does our Website handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our Website allow third-party behavioral tracking?
It’s also important to note that we do not allow third-party behavioral tracking.
11. Contacting Achieve3000