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Data Privacy Agreement

We are committed to ensuring the strongest possible privacy protections for any student data managed on the Ellevation Software Platform (the “Platform”), as well as information collected from individuals who visit Ellevation’s Public Web Site (the “Site”). Therefore, we want you to understand what personal information is collected on the Site and the Platform and how information is used. The purpose of this Privacy Statement is to describe our practices and procedures as they relate specifically to such information. Before doing so, we want to share a few fundamental principles:

  1. Ellevation Software (the application used by our school district partners) is subject to FERPA compliance. District data, on both students and educators, can only be used to fulfill the obligations of our partnership and cannot be used for other commercial purposes.
  2. We DO NOT sell or share any personal data, nor do anything else with partners’ data, save for delivering services through our Ellevation platform.

Information about Students and Data Collection and Privacy

Educators use the Ellevation Platform to gain a deeper understanding of English Language Learners (ELLs), including strengths and challenges, generate learning plans specific to each student’s English Language Development Proficiency Levels, collaborate more easily with colleagues and review the progress of ELLs, communicate more easily with parents that speak a wide array of languages, conduct important meetings and facilitate important decisions, and much more. Although we may add new features in the future, Ellevation is currently intended for use only by school officials and for the purposes noted above.

Ellevation helps make data easy to review and actionable, helping educators inform instruction and save time. When using Ellevation, school officials are accessing student data that has been entrusted to them, which by extension has been entrusted to us. That trust is something we take very seriously. We have prepared this Policy in order to be to be transparent about the steps we take to protect information entered in Ellevation, who has access to that information, and how that information is used.

The Ellevation Platform, accessible to users through a secure username and password, may contain student data that has been entered by a registered user of the Platform or imported from another system used by the district, such as the Student Information System. Ellevation takes great care to follow stringent privacy protections for this student data. Any personally identifiable information about a student, which is protected under the Family Educational Rights and Privacy Act of 1974, as amended (20 U.S.C. § 1232g et seq.) and disclosed to Ellevation by an authorized organization or user (“FERPA Protected Data”), shall be used solely to fulfill obligations under this Agreement and shall not be disclosed to any other party without the prior written consent of the student’s parent (or of the student if he/she is age 18 or older). Simply put, we will only use personally identifiable information from students’ records to enable school officials to access and use Ellevation. Unless a school official expressly instructs otherwise, we will not share or reuse personally identifiable information from education records for any other purpose. While we think those statements are clear, to avoid any doubt, we will not use student personally identifiable information to target students or their families for advertising or marketing efforts or sell rosters of student information to third parties (setting aside whether that violates FERPA, as a mission-driven organization, we simply think that is the wrong thing to do).

All personal information of students remains the property of the subscriber, and the Company serves solely as custodian of such information pursuant to its agreement with such subscriber and claims no ownership or property rights thereto. Upon termination of the Agreement, Ellevation shall, at an authorized organization or user’s request, return to the authorized organization or user, or destroy, any FERPA Protected Data in its possession.

Notwithstanding the foregoing, the Company reserves the right to collect and retain data generated by an authorized organization or user from which all personally identifiable information has been removed in accordance with FERPA (“De-identified Data”). De-identified Data may be disclosed without prior consent under FERPA. For example, the Company may use and disclose De-identified Data to support research or to make a recommendation about an instructional strategy to a teacher based on a his or her student’s strengths and needs. Such lawful uses and disclosures may be made without reimbursement or notification to, or consent or authorization from, an authorized organization or user.

Information About School Officials

Information Provided to EllevationWhen a school district begins to use Ellevation, administrators typically provide information about educators that will be using Ellevation, including first and last name, email address, and associated school. In addition, you may be asked to provide information from time to time to assist with ongoing support and maintenance; this may include information like records and copies of your correspondence if you contact us.

Automatic Collection and TrackingWhen you access and use Ellevation, it may use technology (such as cookies, discussed further below) to automatically collect:

  • certain details of that access and use, including traffic data, location data and logs, and
  • information about your computer or other device and internet connection, including the device’s unique device identifier, IP address, device location, operating system, and browser type.

With respect to technology that automates this information collection and tracking, we may use the following on Ellevation’s web pages and in emails from us to you:

  • cookies, which are small files placed on the hard drive of your computer or other device, and
  • small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us to, for example, count users who have visited those pages or opened an email and for other related statistics.

How We Use Your InformationIn general, we use user-provided personal information to facilitate use of the Ellevation Public Web Site, to provide subscribers with information about features and services available through the Platform, and to administer and assist us with the operation of the Platform. For example, we may use the information we collect:

  • to contact you about your use of the Site, such as for administrative purposes or to provide you with customer service to respond to your emails, submissions, comments, requests or complaints;
  • to request feedback and to enable us to develop, customize and improve the Platform and our information and services; and
  • for the specific purpose for which the information was provided.

In addition, we may use the information we collect to send you Company news, surveys, product and service updates, and for other marketing, informational, product development and promotional purposes. In such cases, this Privacy Statement governs our use and disclosure of such information. Except as provided above, we do not sell, license, transmit or disclose this information outside of the Company and its affiliates, unless you expressly authorize us to do so.

Confidentiality and Security

The Company employs commercially reasonable security measures consistent with standard industry practice, to safeguard personal and other information collected through this Site. We believe these commercially reasonable practices provide adequate security to protect against the loss, misuse, or alteration of the information we collect on our Site. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable. To protect the confidentiality of your personal information, you must keep your password confidential and not disclose it to any other person.

Changes to This Privacy Statement

Ellevation reserves the right to make changes at any time to the Site or this Privacy Agreement. Any modifications to the Terms of Use will be effective upon posting. Your continued use of the Site following posting of any revised Terms of Use will constitute acceptance of the modified Terms of Use. If we make changes, we will post a notice on the Website, and send a notice via email to a representative of your district.

Sale or Merger

If Ellevation, or substantially all of its assets, were acquired, or in the unlikely event that Ellevation goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Ellevation may continue to use your personal information as set forth in this policy.

Legal Process

You should be aware that the Company may be required to disclose your personal information to the government or other entities in connection with a legal process, such as in response to a valid subpoena, court order in judicial or regulatory proceedings, or pursuant to a valid law enforcement investigative demand.

Contacting Us

If you have any questions about this Privacy Statement, please write to us on the “Contact” page of our website at this privacy statement was last updated on November 20, 2014.