Effective as of December 14, 2015
Updated December 20, 2022
If you are using any of the Services through an educational or other institution or using the Services in combination with any learning management system (“LMS”), this Policy does not supersede the terms of any agreement (including privacy policies) that you may have entered into separately relating to the LMS. If you have not entered into any such separate agreement, this Policy will apply.
Please make sure that you carefully read all terms and conditions and privacy policies that may apply to your use of the Services, as they explain how your personal information is used. By clicking “I Agree” through the Services, or by using the Services, you are representing to CourseKey that you have carefully reviewed all such terms and conditions and privacy policies.
We always seek to improve our Services to you, and that requires that we collect, store, share, and use information about you and your customers, and your usage preferences. As we do so, we are absolutely committed to protecting your privacy and the security of your Data.
In this Policy, we use the word “Data” to describe all the information we collect that relates to you and your use of our Services, some of which may identify you as an individual. “Data” is broken into different categories, which are defined throughout this Policy. We may refer to the different categories separately, but when we use the word “Data,” we mean all the different categories described in this Policy. Because of the nature of our Services, the term “Data” also includes the information, including personally identifiable information, you gather and process that you upload to the Services. We rely on your compliance with our Terms of Service and Use (http://coursekey.com/terms/), in which you represent and warrant that you have express permission to process all information you upload to the Services.
The term “Data” does not apply to de-identified, anonymized, and aggregated data that may be derived from Data, that cannot be reasonably connected with any individual, (“De-identified Data”). We hold all rights in and may use De-identified Data for our own purposes in any manner and without attribution or compensation to any person.
This Policy applies to everybody who interacts with us online or otherwise. Because different portions of the Policy will apply differently to the various groups who interact with us, we have tried to clearly categorize the types of Data we process and how we do so. If you have any questions about this Policy or how we handle your Data, please email us at email@example.com.
1. Lawful Basis for Processing
Many jurisdictions require that we disclose to you the lawful basis for our processing of your Data. We do that throughout this Policy. In general, our lawful basis for processing your Data is based on your specific consent or your contract with us.
By accessing or using any of the Services or by otherwise interacting with us online, you consent to our use of your Data as described in this Policy. If our processing of your Data is based on your consent, you may withdraw your consent at any time, and we will cease collecting your Data. However, in some cases, this may result in your inability to receive partial or full access to the Services, and your withdrawal of consent does not limit our ability to use the De-Identified Data for use by us in connection with our legitimate business efforts in the future. In addition, your withdrawal of consent may not prevent us from retaining and processing Data if we have gathered such Data pursuant to a different lawful basis or to preserve legal claims. For example, if you give your consent for us to process your Data, but we are also required by law to keep your Data, that separate “lawful basis” will still apply, even if you withdraw your consent.
In all cases, we will comply with applicable law and we will cease processing your Data after the legal right, obligation, or other lawful basis expires.
2. What Information CourseKey Collects
- Data That You Provide to CourseKey. For you to use the Services, you must first register with CourseKey. When you register, we will request certain Data, including, but not limited to, contact information, such as your name, city and state, and e-mail address as well as demographic information such as your age, gender and interests. We may also ask you for Data about your system or how you use the CourseKey Services. In addition, from time to time we may ask for Data through questionnaires, like the COVID-19 questionnaire.
- Data Regarding Your Use of The Services. We collect Data through your use of the Services, including your actions taken on the Services and your communications with others through the Services. CourseKey and its Services work with and on behalf of educational institutions, so Data collected about you potentially may include your grades, accounts, assessments, sessions, attendance, timesheets, courses, discounts, memberships, transactions, updates, and user information. The foregoing is not an exhaustive list, and other Data may be collected as our Services are provided to you. CourseKey also automatically logs IP addresses, session sources, and other Data which tracks users’ access to the Services. We may collect analytics data, or use third-party analytics tools (including Google Analytics), to help us measure traffic and usage trends for the Services and to understand more about the demographics of our users. These tools collect information sent by your browser or mobile device, including the pages you visit, and other information that assists us in analyzing and improving the Services.
- Data Regarding Your Mobile Device: When you access our Services by or through a mobile device, we may receive or collect and store unique identification numbers associated with your device or our mobile application (including, for example, a UDID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device.
- Geolocation Data: Depending on your mobile device settings, we may also collect your real-time geographical location data, including Global Positioning System (“GPS”) coordinates (e.g. latitude and/or longitude) and other similar information regarding the location of your device. Our Services may incorporate third-party software development kits (SDKs) that is listening for inaudible ultrasonic signals (“beacons”) through your device. As the audio beacon technology relies on your microphone and speaker, you represent that when you open, leave running in the background, or are using any CourseKey application on your mobile device, you are representing to CourseKey that you will not use the Services while party to any confidential conversations, and that any disclosure of confidences was entirely caused by you.
3. How Information Is Collected
- When You Use Our Services: We receive information whenever you use our Services.
- By Our Vendors And Service Providers: CourseKey utilizes other companies to provide limited services on its behalf, including but not limited to customer support, web analytics, coordination of mailings and event management. These companies are permitted to access only the information they require to perform those services. CourseKey requires these companies to maintain the confidentiality of any Data and prohibits them from using the Data for any other purpose than the purpose for which it was collected.
Some features of the Services may be offered in conjunction with a partner company. In order to provide these features, it may be necessary for either you or us to share your Data with this company. If you do not want your Data to be shared, you can choose not to allow the transfer by not using that particular feature. However, CourseKey does not collect your Data through these partners.
4. What CourseKey Does With The Information It Collects
- To Provide Services: CourseKey requests Data to operate, maintain and provide to you the features and functionality of the Services and to communicate directly with you, as well as for purposes such as the provision of customer service and support, billing, network management, customer surveys, sales management, support, newsletter subscriptions, user group memberships, event registration and sponsorship, offers of related services, and other exchanges of information.
- To Share With Your Educators: CourseKey uses beacons to allow educators to conveniently take student attendance. However, please note that CourseKey does not share your actual geolocation information with any third party, including your educator. CourseKey also shares your responses to questionnaires with your institution for purposes that include maintaining a safe environment at your school. Specifically, CourseKey shares your responses to each COVID-19 questionnaire that you complete with a designated COVID-19 administrator at your institution on a confidential basis to enable your institution to better protect the health and safety of all students.
- To Increase Our Own Sales And System Performance: We analyze data for our own sales and marketing purposes, as well as system performance monitoring. Our logs are analyzed for the aggregate trends they reveal about our customers and how the customers use the Services. CourseKey may use De-Identified Data to determine the demographic composition of our user base and to distribute statistics and general marketplace information about CourseKey.
- To Facilitate Our Community: CourseKey makes chat rooms, forums, message boards, and/or news groups available in certain areas of the Services. Please remember that any information that is disclosed in these areas becomes public information to other users, and you should exercise caution when deciding to disclose your Data.
We do not sell your Data.
Certain non-personal Data regarding users is recorded by the standard operation of the Internet servers hosting the Services. This Data is primarily used to provide users of the Services with an enhanced online experience. CourseKey may disclose De-Identified Data in order to describe the Services to prospective partners, advertisers, and other third parties, and for other lawful purposes.
CourseKey may share Data, other than Student Data, with other parties in connection with any company transaction, such as a merger, sale of all or a portion of Company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of bankruptcy or related or similar proceedings. CourseKey’s transfer of Student Data to a third party in the event of a Company transaction is governed by our agreements with our educational institutions and applicable law.
Data may be shared with third-party service providers (including technology consultants and CRM vendors), who, in the course of providing services to us, will be given access to the Data you have provided to us. Such third parties include providers of customer support, data transfer, and/or content creation. Each of these service providers is contractually obliged to provide services to us in a manner consistent with this Policy. We also may share your Data with third parties who help us manage or provide the Services (e.g. data processing and chat support). These third parties will only use your Data to provide us with a specific service and not for any other purpose.
5. User Options & Promotional Mailings Opt-Outs
In addition to not using our Services, you have choices available to you to limit the Data that CourseKey collects about you in the settings of our Services. For example, the ability of our application to track your geolocation is dependent on your allowing CourseKey to receive GPS data, and to your device microphone. You may adjust those settings and deny permissions to prevent such processing. In addition, if you want our application to limit its collection of your location through the use of beacons, please hard close our application whenever you are not using it.
Users may opt out of receiving future promotional electronic mailings from CourseKey by following the unsubscribe procedures indicated in the mailing. Please note that if you opt out of promotional messages, we may still send you administrative communications related to our provision of the Services, including communications required by applicable law. Please contact us at the address below if you have other questions about the information you receive from us or the information that we collect from you.
6. Access to Your Information
CourseKey offers users the ability to correct or change the Data collected during registration. Users may change this information at any time and as often as necessary by choosing the “edit personal information” option or other similar functionality offered in the Services. To access or change your Data, log in to your account through the Services. For Data not available through such an account, please contact us at the address listed below.
7. Student Data Collected During the Course of Providing Services to Educational Institutions
CourseKey provides Services to schools and other educational institutions to improve student learning outcomes. Through the provision of these Services, CourseKey collects Data, including personally identifiable information, from or about students (“Student Data”). We consider such Student Data to be strictly confidential and in general do not use Student Data for any purpose other than improving and providing our Services to the school or on the school’s behalf. Our collection, use and sharing of Student Data is governed by our contracts with the educational institutions, when applicable in the U.S. by the provisions of the Family Educational Rights and Privacy Act (FERPA) and applicable state laws, and by other state, federal, and international laws as applicable. If you have any questions about reviewing, modifying, or deleting Data of a student, please contact your educational institution directly.
8. Children’s Privacy
CourseKey does not knowingly collect any Data from children under the age of 13 unless and until a school or educational institution has provided appropriate consent and authorization for a student under 13 to use the Services and for CourseKey to collect Data from such student. Please contact us at firstname.lastname@example.org if you believe we have inadvertently collected Data from a child under 13 without proper consents so that we may delete such information as soon as possible.
9. Your Rights as a User in California
- California Do Not Track Disclosure. Although we do our best to honor the privacy preferences of our visitors, we are not able to respond to Do Not Track signals from your browser at this time.
- California “Shine the Light Act” Disclosure. Under the California “Shine the Light Act,” you have the right to receive information about CourseKey’s sharing of your Data with third parties for marketing purposes. CourseKey does not so share your Data.
- CCPA/CPRA. California adopted the California Consumer Privacy Act (“CCPA”), which took effect at the beginning of 2020 and has now adopted the California Privacy Rights Act (“CPRA“), portions of which took effect January 1, 2022. We comply with the requirements of the CCPA and CPRA to the extent they apply to us.
Under the CCPA/CPRA you may have certain rights related to your access and control of your Data. Such rights may include the following:
- The right to access, correct, update, or request deletion of your Data.
- The right to object to processing or restrict the processing of your Data (Please note that if you exercise this right, it may limit or eliminate our ability to provide you the Services).
- The right to request portability of your Data.
- The right to not be subject to a decision based solely on automated processing, including profiling, known as Automatic Decision Making.
- The right to submit a complaint to any applicable regulatory authority about our processing activities.
- The right to opt-out of us sharing (as defined in the CPRA) your Data, including for direct marketing purposes, subject to certain legal exceptions.
- The right to limit use, disclosure, and restrict sensitive personal information (as defined in the CPRA).
If you are a California resident, you may request to exercise your rights for any Data we have processed in the 12 months prior to your request. Such request covers any categories, sources, purposes, and, if applicable, third parties to whom we share the Data. Further, you can exercise any of your rights free of discrimination, for example, we cannot increase the price of the Services or decrease the quality of the Services because you exercise your rights.
We may use additional processes to verify your identity before we reveal or delete any of your Data, including two-factor or two-step authentication measures to ensure we can identify you.
This list above may not include all of your rights under the CCPA/CPRA. If you believe you have additional rights, please contact us using the methods in this Policy.
Further, although we currently do not process Data without consent, if we at any time in the future process Data without your express consent, you may opt-out or withdraw consent at any time.
Please note that exercising any of the above rights may limit or eliminate our ability to provide you the Services. If so, we may terminate the Services due to such requests.
We will try to comply with your request(s) as soon as reasonably practicable and at the very least as required under applicable law. Upon receipt of your written request, we will provide you with a copy of your Data, although in certain limited circumstances we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request.
Due to the nature of our Services, we typically act as a “service provider” as defined under the CCPA and CPRA. If you believe that this role should be defined differently, please contact us at email@example.com or at our toll-free number: (888) 801-3406.
To exercise any of these rights, or if you have any questions about our processing of your Data, please contact us at firstname.lastname@example.org or at our toll-free number: (888) 801-3406.
The security of your Data is important to us. We use commercially reasonable efforts to store and maintain your Data in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Data that you provide to us. We have implemented procedures designed to limit the dissemination of your Data to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.
11. Data Retention
We will keep your Data for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain Data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of De-Identified Data, account recovery, or if required by law. All retained information will remain subject to the terms of this Policy.
If CourseKey changes this Policy, we will post those changes to the Services so that you will always know what information we gather, how we might use that information, and whether we will disclose it to anyone. By using the Services, you signify your assent to the this Policy, as amended and updated. If you do not agree to this Policy, please do not use the Services. Your continued use of the Services following the posting of changes to this Policy will mean you accept those changes. Notwithstanding the foregoing, however, with respect to Student Data, as discussed above, our data privacy practices are governed by our agreements with educational institutions (if any) and applicable law. Accordingly, any changes in our data handling practices involving Student Data would have to be in accordance with any agreements with educational institutions and applicable law.
13. Contacting CourseKey
If you have any questions about this Policy, the Data that we collect from you, or the Services, please contact us at email@example.com, call us at our toll-free number: (888) 801-3406, or write to: CourseKey at 2150 W Washington St Suite 113, San Diego, CA 92110