FIND YOUR GRIND, INC. (“Company,” “us,” “we,” and other similar terms) provides educational programs, curricula, and other products and services (collectively “Educational Programs”) to schools and other educational institutions (“Educational Institutions”). Through the provision of these products and services, we collect personally identifiable information from or about students (“Students”), which is described in greater detail in the “Personal Information” Section below. We consider such Student’s Personal Information and data to be strictly confidential and in general do not use such data for any purpose other than improving and providing our products and services to the educational institution or on the educational institution’s behalf. Our collection, use, and sharing of data is governed by our contracts with each Educational Institution, the provisions of : (i) The Family Educational Rights and Privacy Act (“FERPA”), (ii) The Children’s Online Privacy Protection Act (“COPPA”), (iii) the Student Online Personal Information Protection Act (“SOPIPA”), and other laws and regulations of similar substance or effect, and other applicable laws that relate to the collection and use of Personal Information of Students.
Please see the Section below entitled “Access to Information, Correction, Deletion, Account Deactivation, and Related Matters” to better understand your rights to affect or control the use of your data.
- In connection with use of its website located at www.FindYourGrind.com (the “Website”), its Educational Programs, its services (whether delivered through any of the foregoing or otherwise), and any other publicly accessible user resources (collectively, all of the foregoing being, the “Content and Services”), we gather certain information regarding users who use the Content and Services. The gathering of information is always reasonable in relation to our business or the purpose for which the Content and Services exist.
- We gather information from, and share information with necessary parties with whom or which may need to come into possession of user information in order to enable, facilitate, or otherwise enhance your experience with the Content and Services, including, without limitation, educational institutions or associations or school districts (“Educational Institution”) that engage the Company to provide the Content and Services to their respective personnel (“Educator Personnel”) and Students. As used herein, “User” or “you” in each instance means, a Student, the Student’s parents or guardians, and the Educator Personnel applicable to such Student.
- We take each user’s data privacy seriously, and at all times endeavor to collect, compile, handle, store, and disseminate user data (whether or not Personal Information as defined below, “User Data”) in compliance with applicable law, including, without limitation, the following laws regulations application to Students.
- We are not a Third Party Servicer as defined by the US Dept of Education, and we do not administer any aspect of an institution’s participation in the Title IV programs. We merely provide services to educational institutions and other business and organizations with an interest in education. We will use Student education records only for authorized purposes, subject to obligations of disclosure absent authorized under FERPA and from the applicable Client or the Student. To the extent you provide us with records which may be subject to, or protected by, FERPA, you will control what data is provided to us. Student Personal Information provided to us via the Content and Services should be limited to the information necessary for you to properly utilize the Content and Services (see Section 2). We will not ask you to provide, and you should not to enter, data about yourself or other persons protected under FERPA which is not reasonably necessary to avail yourself of the Content and Services (and otherwise in furtherance of an educational purpose).
- Please note, we have no control over the systems, websites, mobile applications, or other resources of third-parties (“External Systems”), and we do not assume any duty to ensure that an External System linked from, or which links to, the Content and Services, comply with applicable law.
- PERSONAL INFORMATION
- “Personal Information” has varying definitions depending on the laws applicable to you. The Content and Services are controlled and provided from within the Unites States, however, Company complies with laws and regulations such as the CCPA and GDPR, which each mandate certain definitions of Personal Information.
- Educational Institution may be asked to provide the following Student Personal Information to enable delivery or use of Content and Services: first name, last name, current grade, current school, and Student email address. Students may further be asked to provide certain Personal Information in order to use certain Content and Services.
- We may collect the following information from a Client or Educator Personnel to set up and administer a Client account: Educator Personnel contact information billing information, number of students, and certain other Personal Information necessary to enable the creation of user and administrative accounts for a Client and its Educator Personnel.
- You can use certain aspects of the Content and Services without giving away any Personal Information except for your IP address and certain other data provided by your ISP or device. We may use analytics tools, such as Google Analytics, and various cookies in order to improve and analyze the use of our Content and Services. The information collected by these analytics tools is mostly anonymous traffic data including browser information, device information, language. We do not collect additional information, such as your age, gender, interests, clickstream, or anything associated with a so-called user “Internet passport.”
- Your use of certain resources may also require that we collect: (i) your Internet Protocol address, (ii) Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement, (iii) geolocation data, (iv) device sensory data, and (v) certain collated user data and inferred or interpolated user data
- We may collect User Data from the sources set forth below. This is not an exhaustive list, however we endeavor to make it clear when we collect Personal Information.
- Registration information which a Client or Educator Personnel may provide when registering Client, Educator Personnel, or Students for our services or products, offered through the Content and Services or a third-party’s services or products. For example, you will be required to submit Personal Information such as your name, address, and email to verify your identity prior to establishing your account.
- Information you provide to us in response to our communications. For example, we may request that you provide your e-mail address so that we may send you notifications, alerts, special offers and newsletters.
- Information that you provide to us through customer service communications and correspondence and general feedback.
- Geolocation Information. The location of your device. For more information and to learn how to disable collection of location information, please see below.
- Information about your device, including your hardware model, operating system and version, device name, unique device identifier, mobile network information, and information about the device’s interaction with the Content and Services.
- Information about how you use the Content and Services, including your access time, “log-in” and “log-out” information, browser type and language, country and language setting on your device, Internet Protocol (“IP”) address, the domain name of your Internet service provider, other attributes about your browser, mobile device and operating system, any specific page you visit on our platform, content you view, features you use, the date and time of your visit to or use of the Content and Services, your search terms, the Content and Services you visited before you visited or used the Content and Services, data about how you interact with the Content and Services, and other clickstream data.
- In order to provide certain services, we may require access to location information, including precise geolocation information collected from your browser or device. If you do not consent to collection of this information, certain services will not function properly and you will not be able to use those services. You may stop our collection of location information at any time by changing the preferences in your browser or on your mobile device.
- We may, and we may use select third-party service providers to, process and store your information. The third-party service providers that we engage will at all times be bound by confidentiality obligations and other appropriate restrictions with respect to their use and collection of your information. These third-party service providers may be engaged to help us better understand usage of our Content and Services and enhance the performance of and maintain and operate the Content and Services. We may also use select third-party service providers to host portions of the Content and Services’ infrastructure, such as cloud service hosting providers.
- USE OF INFORMATION
- We may use information about you for a number of purposes, including:
- Making available for use, improving, and developing the Content and Services
- Determining whether the Content and Services are available in your region or country.
- Developing new products and services.
- Communicating with you regarding the Content and Services, including, delivering the information and support you request, including technical notices, security alerts, and support and administrative messages, and provide assistance for problems with the Content and Services or your user account.
- Measuring, tracking, and analyzing trends and usage in connection with your use or the performance of the Content and Services.
- Conducting surveys and collecting feedback about the Content and Services.
- Investigating, detecting, preventing, or reporting fraud, misrepresentations, security breaches or incidents, other potentially prohibited or illegal activities, or to otherwise help protect your account, including to dispute chargebacks on your behalf.
- Complying with any applicable laws or regulations, or in response to lawful requests for information from the government or through legal process;
- As directed by a Client or Student.
- Personal Information will not be sold, leased or otherwise made available to any person or entity not authorized by or associated with us.
- We may disclose your Personal Information in special cases when we have reason to believe that disclosing this information is necessary: (a) to identify, contact or bring legal action against someone who may be causing injury to or interfering (either intentionally or unintentionally) with: (i) our legal rights or property, (ii) another visitor or anyone else that could be harmed by such activities; or (b) by operation of law or at the request for cooperation from law enforcement or another governmental agency.
- In the event we go through a business transition, such as a merger, acquisition by another company, reorganization, a divestiture, a sale of all or a portion of our assets, or in the unlikely event of bankruptcy, your Personal Information and any information you provide to us will likely be among the assets transferred, and you hereby consent to such transfer.
- We may use information about you for a number of purposes, including:
- We know it is very important to protect the information you share with us. We take appropriate security measures to help safeguard this information from unauthorized access and disclosure. For example, we restrict access to nonpublic Personal Information about you to our employees who need to have access to such information in order to provide products or services to you, as well as to authorized third-parties (as stated above). We maintain physical, electronic, and procedural safeguards designed to protect your Personal Information. We protect your Personal Information over the internet by using a secure web server, which allows web applications and programs to interact with our web server via an encrypted session. If you access the Content and Services via a traditional web browser, you will know you are in secured area by “https” or a lock appearing in the lower right hand corner of your browser window. When you use the Content and Services, you may move in and out of secured areas.
- ACCESS TO INFORMATION, CORRECTION, DELETION, ACCOUNT DEACTIVATION, AND RELATED MATTERS
- You have the right to request access to the information we have on you. You can do this by contacting us at [email protected]. We will make sure to provide you with a copy of the data we process about you. In order to comply with your request, we may ask you to verify your identity. We will fulfil your request by sending your copy electronically, unless the request expressly specifies a different method. For any subsequent access request, we may charge you with an administrative fee.
- If you believe that the information we have about you is incorrect, you are welcome to contact us so we can update it and keep your data accurate. If you would like to review, correct, update, suppress, delete or otherwise limit our use of your Personal Information that you have previously provided to us or content you have previously posted on the Content and Services, you may contact us by emailing us at [email protected]. In your request, please make clear what Personal Information or posted content you would like to have changed or removed and what limitations (if any) you would like to place on our use of your Personal Information. We will try to comply with your request as soon as reasonably practicable. Please note that such request does not ensure the complete or comprehensive removal of Personal Information or content posted on the Content and Services. For example, we may need to retain certain information or content for recordkeeping purposes, and there may also be residual information or content that will remain within our databases and other records that will not be removed. We are also not responsible for changing, removing or suppressing information or content from the databases of third-parties with which we have already shared your Personal Information or content.
- If you wish to deactivate or cancel your account, you can do so by making a request to us by email or phone, using the contact details provided below.
- Following termination or deactivation of a user’s account, we will retain Personal Information for ninety (90) days, however, we may retain anonymized or pseudonymized data indefinitely. During such 90-day period, a Client or Student may request user data portability, at the applicable Client’s sole cost and expense. A Student may also at any time request deletion or portability as set forth in the chart below, provided, any deletion request by a Student will curtail or prevent a Student’s use of the Content and Services. Notwithstanding the foregoing, we may retain any such information as required by or to demonstrate compliance with applicable law.
|Access to Specific Information and Data Portability Rights||You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verified request, we will provide a report to you which sets forth the following with respect to you: (i) categories of Personal Information collected (ii) sources for such collection, (iii) our business or other commercial purpose for selling any such Personal Information, (iv) categories other third-parties with which we have shared your Personal Information, (v) the specific scope of any information shared to those third-parties.|
|Deletion Request Rights||You have the right to request that we delete any of your Personal Information in our possession and collected from the Content and Services, subject to certain limitations or exceptions. Once we receive and confirm your verified request, we will delete your Personal Information from our records, unless a limitation or exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to: (i) complete a transaction for which we collected such Personal Information, provide a good or service that you requested and do not wish to terminate or rescind, or otherwise carry out any obligations which are or may become necessary to consummate any obligations to you or requests by you, (ii) detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities, (iii) maintain, repair, or improve the Content and Services, including the correction of errors that impair existing intended functionality, (iv) exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law, (v) engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent, (vi) facilitate any lawful internal use or review in connection with our internal processes, or (vii) comply with any law, regulation, order of governmental authority, or other legal process.|
|Exercising Access, Data Portability, and Deletion Rights||To exercise the access, data portability, and deletion rights described above, please submit a verified request. You may make such a request on your own behalf, on your minor child’s behalf, or on behalf of any entity for which you are a duly appointed representative, including Student’s in the case of a Client. You may only make such a request for access or data portability twice within a 12-month period with respect to any specific user. Please provide us sufficient information to verify user with respect to whom the request relates, and that you have authority on behalf of such user. Always describe your request with sufficient detail to enable our understanding, response, and implementation.|
|Response Timing and Format||We make commercially reasonable efforts to respond to a verified request within thirty (30) days of receipt of each request. We will inform you as soon as practicable if we believe we require more to evaluate or undertake your requested actions. We will deliver our written response by mail or electronically, at your option, at the contact information you provide with your request. We reserve the right to charge a reasonable fee to you for our cost and administrative expense, if your exercise of right is excessive, repetitive, patently unreasonable or without basis, or is otherwise intended to harass, pester, or hinder us or our Content and Services.|
|Non-Discrimination||In making the Content and Services available, we will not discriminate against you for exercising any of your rights, provided we do not necessarily negotiate the same fees and rates with all Client, independent of a Client’s or user’s exercise of rights.|
- COPPA COMPLIANCE; PERSONS UNDER THE AGE OF 13 AND ABILITY TO CONSENT
- We do not provide links to external resources or chat rooms. Nor do our Content and Services contain offensive or inappropriate content. As a result, any Client that uses our Content and Services will not violate COPPA as a result of the utilization of the Content and Services.
- NOTIFICATION OF CHANGES
- VISITOR’S ACCEPTANCE OF THESE TERMS
- CONTACT US
- If you wish to exercise any right afforded to you herein or under applicable law, or if you have any additional questions about our collection and storage of data, please contact us at:
- If you have any questions or concerns regarding our notice, or if you believe our notice or applicable laws relating to the protection of your Personal Information have not been respected, you may file a complaint with our office listed above, and we will respond to let you know who will be handling your matter and when you can expect a further response. We may request additional details from you regarding your concerns and may need to engage or consult with other parties in order to investigate and address your issue. We may keep records of your request and any resolution.