Last Modified: 7/17/2020
Effective Date: 7/17/2020
Our Rally Reader mobile application is designed to be used by children under 13 years old, but all accounts may be registered by the teacher, parent or legal guardian of any child using our mobile application. Teachers, parents, guardians, and anybody at the age of 18 and over may also register and create their accounts.
Applicable Laws Regarding Children
We recognize the sensitive nature of personal information concerning children under 13 years old. This personal information may be protected under applicable laws, such as, the Children’s Online Privacy Protection Act (“COPPA”), the Family Educational Rights and Privacy Act, including the Protection of Pupil Rights Amendment (“FERPA”), and the California Consumer Privacy Act of 2018 (“CCPA”) (collectively “Applicable Law”) Our privacy practices comply with the Applicable Law.
In the event we discover we have processed personal information from a child in a manner inconsistent with Applicable Law, we will promptly delete the information or seek appropriate consent for that processing. For more information about COPPA and general tips about protecting children’s online privacy, please visit OnGuard Online.
Teacher Consent for School-Based Activities For school-based activities, teachers and school administrators shall, where allowed by applicable law, act in the place of parents or guardians to provide consent for the collection of personal data from children. Schools should always notify parents or guardians about these activities.
We may ask schools to obtain consent directly from a parent or guardian instead of, or in addition to, the school providing consent so that the parent or guardian can be added as a moderator on the Rally Reader mobile application. For more information on parental rights in the United States with respect to a child’s educational record under the U.S. Family Educational Rights and Privacy Act (FERPA), please see “Education and FERPA” below.
Parental or Guardian Consent in Lieu of Teacher Consent We may require parents or guardians to create an account on behalf of their child under 13 years of old (or equivalent minimum age depending on jurisdiction) on our Rally Reader mobile application. We may seek parental or guardian consent for their children’s use of our Rally Reader mobile application and collection and processing of their children’s personal information:
• by asking for a credit card or other payment method for verification (with a nominal charge involved), or
• by requiring a signed consent form to be submitted by mail or email attachment.
We may also require parents or guardians to open their own accounts so that they can view, manage, approve and moderate their child’s account. For further details, please see “Moderator Choices and Controls” below. After providing further parental consent, we may offer parents or guardians the opportunity to use a password in future communications as a way to confirm the parent’s identity.
The Types of Information We Collect We obtain personal information in different ways.
Information you provide to us:
We collect information directly from you about you or about your child or student when you sign up or register for Rally Reader mobile application as a moderator and on behalf of your child/student or when you contact us. The types of information we may collect from you, depending on who you are, include:
• Identifiers, such as your name, telephone number, date of birth (to validate age), physical and email address, username and account password, and your child’s name, date of birth, email address and username on behalf of whom you register or contact us.
• Professional information (for teachers and school administrators), such as your occupation, employment information and history, and other qualifications, business address.
• Financial account information, such as payment information you provide when making a purchase for or through Applications including credit card or other payment method.
• Education information of children, such as educational background, school assignments.
• Protected characteristics, such as your age.
• Visual, audio and electronic information, such as picture, voice, signature, correspondence, details of complaints and their resolutions, service records, and your preferences, including your preferred tools, experience, language.
Information we obtain from your use of our Applications: We automatically collect and generate certain Personal Information about your use of our Applications and may associate that information with your account. The information we collect includes:
• Identifiers, such as unique device identifiers, operating systems of your device, IP addresses, cookie identifiers, product IDs, information about product licenses.
• Geolocation information.
• Usage Information, such as information about device types, information about browsers, information relating to automatic updates and technical errors, information about your use of our Applications, including your preferred tools and experiences, and your engagement with our activities.
• Commercial information, such as records about interest in our Applications or purchases you make and books you download through and on our Applications.
• Inferences drawn from any of the personal and Application usage information available to us, for example, books you like, children’s reading performances and learning progress.
• User-generated content, such as communications and content you share, send, or comment on with other users on our Applications.
How We Use Personal Information We use personal information in useful ways, including:
• To validate your identity as necessary to perform our contract with you
• To deliver you services, products, and support as necessary to perform the contract governing your use of our Applications or to communicate with you
• To send you important information within the scope of our contract with you
• To send you other information you requested
•.To send you suggestions, offers, promotions, newsletters, surveys, or other information in furtherance of our legitimate interests or, where needed, with consent
• To anonymize, aggregate, or de-identify your personal information so it can no longer identify you
• To understand the ways our applications are used and the people using them in furtherance of our legitimate interests or, where needed, with consent
• To improve our applications and your experience in furtherance of our legitimate interests (or where needed, with consent), including through the use of automated systems that analyze data using machine learning and other analytic techniques
• To improve the security of and troubleshoot our Applications, as necessary to perform the contract governing your use of our Applications or to communicate with you
• To provide promotional offers, advertising or other marketing content relevant to your interests in furtherance of our legitimate interest or, where needed, with consent
• To detect, prevent, or otherwise address fraud and to protect you us, and third parties in furtherance of our legitimate interests.
• To enforce the legal terms that govern our Applications
• To comply with our legal obligations
• To protect the rights, safety and property of us, you, or any third party
• For other purposes, for which we obtain your consent (where we rely on your consent to process personal information, you may withdraw your consent at any time by contacting us at the contact details below or as otherwise indicated to you in writing)
• As further described in our Rally Reader mobile application, such as in a supplemental notice, or in our mobile application)
Where we rely on our legitimate interests to process your personal information, you may have the right to object to that processing on the basis of circumstances specific to you. For more information, see “What Rights and Choices Do You Have?” below. When we process Personal Information about you to comply with legal requirements or to perform our obligations under a contract with you or with our customer through whom you use our applications, failure to provide such data may prevent or delay our fulfillment of these obligations.
How We Share Personal Information
As a matter of general policy, please note that:
• we do not sell or share any user data;
• all user data is anonymized within our system; and
• we record voices for only two purposes; (1) to assist the user in improving their reading fluency today, and (2) to improve the Applications so that we may better assist users in the future.
Notwithstanding our general policy in respect of personal information, please note that we may disclose the categories of information described above to the following categories of persons:
• Our service providers, including vendors, consultants, and other service providers who perform services or functions on our behalf, for business purposes. For example, our service providers include companies who support us with marketing, communications, software maintenance and support, license compliance, security, user verification, and payment processing. Our service providers process your information subject to contractual terms that restrict their ability to use your information
• Our business partners, such as integration partners, and book publishers, with whom you interact to facilitate your relationship with us and those business partners for any of the purposes described in our or those business partners’ privacy statements
• Persons to whom we are required by law to provide information, such as pursuant to a subpoena or a court order
• Law enforcement, legal counsel, or other reasonably necessary when we have a good faith belief that the disclosure is necessary to prevent or respond to fraud or software piracy, defend ourselves against attacks, or protect the rights, property, and safety of us, our customers, and the public
• Persons involved in the consideration, negotiation, completion of a business transaction, including the sale, merger, consolidation, acquisition, change in control, transfer of substantial assets, bankruptcy, or reorganization, and any subsequent integration
We may also disclose your personal information to other parties when we have your consent to do so or when you direct us to, for any purposes requested or permitted by you. We may share aggregate, anonymous, or de-identified demographic, statistical, and other information regarding use of our applications with third parties for marketing and other purposes. Such information will not specifically identify any particular user.
How We Protect Personal Information We have implemented and maintain technical, administrative and physical security controls that are designed to protect the security, confidentiality and integrity of personal information collected through our Applications from unauthorized access, disclosure, use or modification. Our information security controls comply with reasonable and accepted industry practice, as well as requirements under the Applicable Law. We diligently follow these information security controls and periodically review and test our information security controls to keep them current.
Storage, Retention and Deletion of Personal Information We store your Personal Information on our servers in the United States and the servers of our service provider Google Cloud. Because our service provider maintain servers in global locations, your personal data may be transferred across national borders and stored on the servers outside of your country or region.
We will retain your personal data for as long as necessary to provide you with the applications you are using, for the establishment, exercise or defense of legal claims, and as needed to comply with our legal obligations. Data may persist in copies made for backup and business continuity purposes for additional time.
In addition, an account was created by a school on behalf of its teachers and students, if requested by that school, we will delete from our mobile application all personal information of the school’s users, including its teachers and students, as the school directs. Deleting this information will prevent the school user from engaging in some or all features of our mobile application. Where required by local law, we will delete such information and provide a certification of such deletion.
Moderator Choices and Controls Rally Reader mobile application enables parents, guardians, and teachers to “moderate” the account of a child under 13 years of age on the application, giving the child’s parent or teacher the ability to review how the child is using our mobile application and allowing them to make certain choices about how the child’s personal information is processed.
Parent, guardian, and teacher moderators can, at any time:
• refuse to permit us to collect further personal data from their children in association with a particular account
• request that we delete from our records the personal data we have collected in connection with that account
Teachers only have these rights if they are moderators. Please keep in mind that a request to delete records may lead to a termination of an account, membership, or other service and that any content saved in that account may no longer be accessible.
Prior to becoming a moderator, a teacher is responsible for ensuring that the student’s parent or guardian has given any consent required by applicable law, either as described herein or directly to the teacher or the teacher’s school or school district. For more information, please see the terms located at Education FERPA section below.
Education and FERPA If you are using our mobile application through a school program, your Personal Information may be subject to the Family Educational Rights and Privacy Act (FERPA). We commit to protect and secure student data in the manner that FERPA requires and, also, agrees to act as a “school official” to the extent our services are used to store regulated student records in accordance with 34 Code of Federal Regulations (CFR) §99.31(a)(1).
For more information about FERPA, please visit the FERPA site and the U.S. Department of Education website.
a) If you are an Education Provider (as defined below) who will be using Products with Students in connection with your educational institution, district or class located or based in the United States, Student Data provided or generated through your or your Students’ use of Products may be subject to the U.S. Family Educational Rights and Privacy Act (“FERPA”), which may require educational institutions and school districts to obtain parental consent before disclosing Student Data outside of the educational institution. For that reason:
• You represent and warrant that: (i) you are authorized to act on behalf of, or have permission from, your educational institution or school district to enter into this Agreement and to use the Products with your Students, (ii) if at any point in time you are no longer authorized to act on behalf of your educational institution or school district, you will remove any student material from any account you have access to in connection with Products and close any account for Products used by you solely as an Education Provider, and if you are unable to take these actions on your own, contact Rally Reader for assistance, (ii) before you enroll, sign up or permit any Student to use Products, you, your educational institution, or your district will obtain any consents required under applicable law to be provided by a Student or the Student’s parent or legal guardian consenting to the Student’s use of Products made available to the Student by the Education Provider, and (iv) you will not provide to Rally Reader Student Data of any Student under thirteen (13) years of age. Notwithstanding the foregoing, when using Rally Reader mobile application, you may provide Student Data of a Student under thirteen (13) years of age, if you first obtain a signed and dated consent form that is voluntarily provided by the Student’s parent or legal guardian.
• Rally Reader agrees that: (1) to the extent that Education Providers subject to FERPA provide Rally Reader with Student Data, Rally Reader will be considered a "school official" (as that term is used in FERPA and its implementing regulations), (2) it will comply, within a reasonable time frame, with your requests to review, modify, de-identify or delete any Student Data that Rally Reader maintains about your Student, and (3) it will not maintain, use, or disclose Student Data except as set forth herein, as authorized by you or permitted or required by applicable law or a judicial order.
b) Defined Terms for this Section 12 only
“Education Providers” means educational institutions and teachers, administrators, school district representatives and other individuals acting on behalf of the educational institution or the school district, who provide Students with access to Products and/or work with Students in connection with Products.
“Student” means an individual person enrolled as a student at an Education Provider.
“Student Data” means information maintained by Rally Reader or any third party on Rally Reader’s behalf relating to a Student, including any education records (as defined under FERPA) that are disclosed by Education Providers to Rally Reader, except that Student Data does not include a record that has had personal data removed such that the Student’s identity is not uniquely identifiable from the record and there is no reasonable basis to believe that the remaining information can be used to identify an individual.
What Rights and Choices Do You Have? You have the right to access, update, delete, receive a copy of, or restrict our use of your personal information. When we process personal information based on your consent, you have the right to withdraw consent any time.
Please log-in to your account to manage your personal information and content using our applications. You can also delete your personal information and close your account. We may retain certain data about you for legal and internal business purposes, such as fraud prevention, in accordance with applicable laws.
To request a copy of the personal information in your account, please reach out to us through information under Contact Us section below. Consistent with applicable law, we may ask for proof of your identity before fulfilling your request, and we may ask for additional forms of verification depending on the nature of the personal information requested.
Certain jurisdictions grant individuals additional rights with respect to their personal information. Depending on where you live or applicable law, you may also have the right to:
• Object to our processing of your personal data
• Have us block or anonymize your personal data, as appropriate
• Receive a copy of your personal data to transfer it to a third party
• Opt-out of certain direct marketing communications
• Opt-out of certain disclosures of your personal information to third parties
• Not be denied a good or service for exercising your rights, though you may be provided a different level of service or charged a different rate or price consistent with applicable law
• Lodge a complaint with the relevant data protection authority in the jurisdiction in which you are located.
These rights may be limited in some circumstances by local law. For example, even if you ask us to delete your personal information, we may need to retain it to complete transactions you have requested, to comply with our legal obligations, or for other limited business purposes as required or permitted by law. To exercise applicable rights, please Contact Us.
California residents, please read the “Your California Privacy Rights” section for additional disclosures and information regarding your rights under California law.
- Your California Privacy Rights
This section is adopted to comply with the California Consumer Privacy Act of 2018 (CCPA) and other California privacy laws and applies only to California residents.
a) Right to Request Access
• The categories and specific pieces of personal information we have collected used, disclosed and sold about you.
• The categories of sources for the personal information we have collected about you.
• Our business or commercial purpose for collecting or selling your personal information.
• The categories of third parties with whom we share your personal information.
b) Right to Request Deletion
You may request that we delete the personal information we have collected from you, subject to certain limitations under applicable law.
c) Right to Opt-Out of the Sale of Personal Information You have the right to opt-out of the sale of your personal information. We do not, and will not, sell your or your children’s personal information.
d) Right Not To be Discriminated Should you exercise any of your privacy rights as a California consumer, we will not discriminate against you by offering you different pricing or products, or by providing you with a different level or quality of services, based solely upon your request. However, in some circumstances, for example where you have requested or consented to our services that use your personal information to provide the service, we may not be able to provide a service if you choose to delete your personal information.
e) Information We Collect and the Sources We Collect From
California residents may see the categories of information and sources from which we may have collected that information about them in the past twelve (12) months under The Types of Information We Collect section above.
f) Use of Personal Information California residents may see the categories of information we may have disclosed about them in the past twelve (12) months under How We Share Information section above.
- Your California Privacy Rights
Email address: Help@RallyReader.com
Mailing address: 265 Cambridge Avenue #60459, Palo Alto California, 94306
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