Last revised Monday, July 29th, 2013
Welcome to the web site and online services (the "Website") operated by SMARTEST EDU, INC. Formative values the privacy of our members and others who visit and use the Website (individually, "You" or collectively, "Users"). We take your privacy seriously and make it a priority to protect personally identifiable information that we obtain from and about individuals both online and offline.
Our Commitment to Children's Privacy:
Protecting the privacy of young children is especially important. For that reason, Formative puts in place certain features designed to help protect the personally identifiable information of children less than 13 years of age. Formative does not knowingly permit any person less than 13 years of age to register directly for the Website unless Formative reasonably believes, or has received assurances from a coach, teacher, school administrator (“Educator”), or that the child's parent has consented to such registration and use of the Website. Formative reasonably believes that anyone accessing class content for the first time with a “Quick Code” or other method delivered by a teacher has received these assurances. If Formative learns that personally-identifiable information of persons less than 13 years of age has been collected on the Website without parental consent, then Formative will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under the age of 13 has a registered account with the Website without your consent, then you may alert Formative at firstname.lastname@example.org and request that Formative delete that child's personal information from its systems.
The Information Formative Collects
- Information from other Users: We may make available certain features in the Website that allow other Users of the Website to provide us information that may include your personally identifiable information. For example, we may permit an Educator to register an account for you on your behalf in which the Educator pre-populates certain profile information about you.
- "Automatically Collected" Information: When you use the Website, we may automatically record certain information from your browser by using different types of technology, including standard log files, "clear gifs" or "web beacons." This "automatically collected" information may include your Internet Protocol (IP) address, browser type, internet service provider (ISP), referring or exit pages, click stream data, operating system and the dates and times that you visit the Website. Additionally, we may record certain information regarding your use of features that Formative may make available on the Website, such as the number of problems you have attempted, the number of videos you have viewed and the amount of time spent to complete a problem.
- Third Party Web Beacons: We may also implement third party content, such as advertising, on the Website that uses "clear gifs," "web beacons," or other similar techniques, which allow the third party content provider to read and write cookies to your browser, or implement similar tracking mechanisms, in connection with your viewing of that third party content displayed on the Website. This information is collected directly by the third party, and Formative does not participate in that data transmission. Information collected by third parties in this manner is subject to that third party's own data collection, use, and disclosure policies.
- Location Information: We may collect and store information about your location if you enable your computer or mobile device to send us location information. You may be able to change the settings on your computer or mobile device to prevent it from providing us with such information.
The Way Formative Uses Information
- Formative uses the information that you provide or that we collect in order to establish and enhance our relationship with you. Formative generally uses the information you provide or that we collect to operate, maintain, enhance, and provide all of the features and services found on the Website. If you have given Formative consent, we may use your personally identifiable information to provide you with information about Formative's features, services and other offerings that may be of interest to you. We may also send information or offers to groups of users on behalf of other businesses. Under certain circumstances (for example if you win a contest) we may post your personally identifiable information on the Website. However, we will notify you of this possibility when collecting personally identifiable information or we will obtain your consent. We may share your personally identifiable information with certain other websites that we link to (and that you click upon) in order to enhance your experience in connection with the Website.
- Formative uses all of the information that you provide or that we collect from Users to understand and analyze the usage trends and preferences of our Users, to improve the way the Website works and looks, and to create new features and functionality.
- Formative may use "cookies" information to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you visit the Website; (b) provide customized third-party advertisements, content, and information; (c) monitor the effectiveness of third-party marketing campaigns; (d) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (e) track your entries, submissions, and status in any promotions or other activities.
- If you have registered as a member and given Formative consent, we may share your personally identifiable information with advertisers, business partners, and other entities that are not affiliated with Formative who would like to send you information about their products and services. We do not share personally identifiable information with other third-party organizations for their marketing or promotional use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in.
- Formative's employees, agents and contractors must have a legitimate business reason to obtain access to the personally identifiable information you may provide to register as a member of Formative. We may share your personally identifiable information with companies that provide services to us, including outside contractors or agents who help us manage our information activities (for example, contest and sweepstakes administration), but they may only use your personally identifiable information to provide us with a specific service and not for any other purpose.
When Formative Discloses Information
- Aggregate Information: Formative discloses automatically collected and other aggregate non-personally-identifiable information to interested third parties to assist such parties in understanding the usage, viewing, and demographic patterns for certain programs, content, services, advertisements, promotions, and/or functionality on the Website.
- User Content on the Website: Formative enables you to share your User Content with other Users of the Website that you choose. Formative may also permit you to share your User Content publicly on the Website. If your User Content is shared with other Users, any personally identifiable information that you choose to include in, or is associated with, such User Content will be accessible by such Users. Once you make your personally identifiable information available to others in any of these ways, it may be collected and used by the recipients without restriction. Formative enables Users to share information and resources. If you are a User subscribing to the Website and you consent, Formative may disclose certain personally identifiable information to other Users of the Website. If you consent, Formative may also share information about your use of certain Website features with other Users of the Website, such as sharing your activity history with Users you choose to include or Users associated with your Educational Organization.
- Child Member Information: Although Formative makes available certain features that allow a User to disclose personal information to other Users, we attempt to restrict a Child Member's access to certain features that could result in disclosure by the Child Member of personally identifiable information. For example, a Child Member account is not normally permitted to post public comments on the Website. However, some features of the Website may permit a Child Member to enter free-form text through which the Child Member could include personally identifiable information that could be visible to other Users (such as when a Child Member enters personal information in answering a question or creating other projects on the Website). Further, certain features of the Website may allow the Child Member to communicate with other Users, such as when a Child Member communicates with an Educator through the Website or through third party services accessing the Formative API. If the Child Member chooses to include personally identifiable information in such communications, the recipient may be able to collect and use such information without restriction. For example, an Educator may receive personally identifiable information that is made available by a Child Member and may be able to use such information without restriction.
- Social Networks: Formative will disclose your personal information if you have explicitly agreed that we may do so. In particular, we will disclose personal information where you have elected to connect your account on our Website to a social network or other similar service (e.g., Facebook or Google), or have elected to have your activity on our Website published to a social network or other similar service (e.g., Facebook or Google). To control the information that you share, you should review and, if appropriate, modify your privacy settings on such services.
- Required by Law: Formative may also disclose User information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright law) or respond to a court order, judicial or other government subpoena, or warrant. In some cases, we may make such disclosures without first providing notice to Users.
- Merger or Acquisition: In the event that Formative is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from Users as part of such merger, acquisition, sale, or other change of control.
- Other Purposes: Formative also reserves the right to disclose User information that we believe, in good faith, is appropriate or necessary to take precautions against liability; to protect Formative from fraudulent, abusive, or unlawful uses; 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; or to protect the rights, property, or personal safety of Formative, our Users, or others.
You may, of course, decline to share your personally-identifiable information with Formative, in which case Formative will not be able to provide to you some of the features and functionality found on the Website. If you register as a member of Formative, you may update, correct, or delete your profile information and preferences at any time by going to your account settings page.
To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information. You are responsible for maintaining the secrecy of your unique password and account information at all times.
Third Party Applications
Formative endeavors to make content available through the Website as broadly available as possible. To encourage this, Formative may make available to third party application developers and service providers ("App Developers") an application programming interface ("API") for use in creating complementary or additional services for users (such as creating mobile applications that provide access to Formative content). Through the API, Formative may allow App Developers to access a variety of personal information related to your use of the Website and related services, including your username or other unique identifier, messages, comments, browsing history on the Website, exercise history and other information related to your use of the Website. When you use, download or access an application or service from such App Developers, we may give them access to such personal information you have provided or we have collected. The first time an App Developer wishes to access your information through the API for a particular service or application, you will first be given the option to approve such access to your information by such service or application. You understand that you may not have access to certain features or services if you choose to not provide such access to your information to App Developers.
Google Apps and Google Analytics are among the applications used by Formative. As such, please note the following policies for use of these tools:
- The Google Analytics features we have implemented or plan on implementing are Display Advertising (e.g., Remarketing, Google Display Network Impression Reporting, the DoubleClick Campaign Manager integration, and Google Analytics Demographics and Interest Reporting).
- Using the Ads Settings, visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads.
- Formative may use Remarketing with Google Analytics to advertise online.
- Third-party vendors, including Google, may show Formative ads on sites across the Internet.
- Formative and third-party vendors, including Google, may use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone's past visits to Formative.
- Formative and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) together to report how our ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to Formative.
Third-Party Advertisers, Links to Other Sites
Our Commitment to Data Security
Formative uses certain physical, managerial, and technical safeguards designed to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Formative, and you do so at your own risk. Once we receive your transmission of information, Formative makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If Formative learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Formative may post a notice on the Website if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
The Website is intended solely for visitors located within the United States. If you nonetheless choose to use the Website from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personally identifiable information outside of those regions to the United States and by providing your personally identifiable information on the Website you consent to that transfer.
1031 W Manchester Blvd, Unit 7
Inglewood, CA 90301.