K12 BLOOM Terms of Use |
This website (this “Site”) is brought to you (“User”) by LEAN Frog Digital LLC dba K12BLOOM (“K12BLOOM”). |
Your use of this Site is subject to all terms and policies posted on this Site (including the Privacy Policy, collectively referred to as “Terms of Use”). The Terms of Use may be revised from time to time through an updated posting, and therefore you should check the Terms of Use periodically. Revisions are effective upon posting and your continued use of this Site following the posting of revisions to the Terms of Use will indicate your acceptance of such revisions. |
It is important to us that this Site provides a helpful and reliable experience to Users. To protect our rights and yours, we have prepared these Terms of Use that apply to all visitors to this Site. If you have any questions concerning the Terms of Use, please Contact Us. |
PLEASE ALSO NOTE THAT THE USAGE AND PURCHASE TERMS AND PRIVACY POLICIES OF VARIOUS K12BLOOM PRODUCTS AND SERVICES WITHIN THIS SITE OR LINKED TO THIS SITE MAY BE SUBJECT TO DIFFERENT TERMS AND POLICIES. PLEASE CHECK THESE TERMS AND POLICIES FREQUENTLY TO DETERMINE THE TERMS APPLICABLE TO SUCH K12BLOOM PRODUCTS AND SERVICES. |
BY USING OR DOWNLOADING INFORMATION FROM THIS SITE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND THE PRIVACY POLICY AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE OR THE PRIVACY POLICY GOVERNING THIS SITE, YOU SHOULD NOT USE THIS SITE. BY USING OR DOWNLOADING INFORMATION FROM THIS SITE, YOU AGREE TO USE OUR SERVICES IN A MANNER CONSISTENT WITH ALL APPLICABLE LAWS AND REGULATIONS AND IN ACCORDANCE WITH THESE TERMS OF USE. |
Privacy |
K12BLOOM is concerned about the safety and privacy of all users, particularly children, of this Site. Please read our Privacy Policy, which is an important part of these Terms of Use. |
IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE BE SURE TO READ THESE TERMS OF USE AND PRIVACY POLICY WITH YOUR PARENTS OR GUARDIAN AND ASK QUESTIONS ABOUT THINGS YOU DO NOT UNDERSTAND. |
User License |
Users are granted, subject to these Terms of Use, a personal, non-exclusive, non-assignable, and non-transferable license to access and use this Site for personal and non-commercial use only. Modifications of any materials on this Site or use of the materials for any purpose other than as contemplated in this Site is a violation of K12BLOOM’ copyright and proprietary rights. You agree not to reverse engineer, duplicate, publish, modify, or otherwise distribute the materials on this Site unless specifically authorized in writing by K12BLOOM to do so. |
K12BLOOM does not guarantee the accuracy or completeness of any information or content. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. |
Postings |
To the extent that certain areas of this Site provide Users an opportunity to post messages or other information (collectively, “Postings”), BE ADVISED THAT K12BLOOM HAS NO OBLIGATION TO SCREEN, EDIT, OR REVIEW SUCH POSTINGS PRIOR TO THEIR APPEARANCE ON THIS SITE, and Postings do not necessarily reflect the views of K12BLOOM. To the fullest extent permitted by applicable laws, K12BLOOM shall in no event have any responsibility or liability for the Postings (or the loss thereof for any reason) or for any claims, damages, or losses resulting from their use (or loss) and/or appearance on this Site. The Postings are accessible and viewable to the general public and other users of this Site. K12BLOOM reserves the right to monitor all Postings and to remove anything which it considers in its absolute discretion to be offensive or otherwise in breach of these Terms of Use or for any other reason as it deems necessary. You hereby represent and warrant that you have all necessary rights in and to all Postings and all material they contain; that your Postings shall not infringe any proprietary or other rights of third parties; that your Postings shall not contain any viruses or other contaminating or destructive devices or features; that your Postings will not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and that your Postings will not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations. |
You hereby authorize K12BLOOM to use and/or authorize others to use all or part of your Postings in any manner, format, or medium that K12BLOOM or such other parties see fit. You shall have no claim or other recourse against K12BLOOM for infringement of any proprietary right in Postings. |
Unlawful Use |
As a condition of your use of this Site, you warrant to K12BLOOM that you will not use this Site for any purpose that is unlawful or prohibited by the Terms of Use. You agree not to use this Site in any manner that could damage, disable, overburden, or impair this Site or interfere with any other party’s use and enjoyment of this Site. You agree not to obtain or attempt to obtain through this Site any materials or information not intentionally made available to you through this Site. |
Termination |
K12BLOOM reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, this Site, or any part thereof, with or without notice. You agree that K12BLOOM will not be liable to you or any third party for any modification, suspension, or discontinuation of this Site, or any part thereof. |
Links to Other Sites |
This Site may provide links to third party websites or resources. Because we do not control such websites and resources, you acknowledge and agree that K12BLOOM is not responsible or liable for the content, products or performance of such third-party websites and resources, and you hereby irrevocably waive any claim against K12BLOOM with respect to such websites and resources. K12BLOOM reserves the right to terminate any link at any time without notice. The inclusion of a link to such another website or resource does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by K12BLOOM of that website or resource, or any products or services provided therein. The information practices of those websites are not covered by this Privacy Policy or any other policies or terms applicable to this Site. We recommend that you review any terms of use and privacy policy of any linked third party website before providing any information to that website or using its products and services. |
Please note that this Site may also provide links to other sites brought to you by K12BLOOM. The Privacy Policy and Terms of Use of other K12BLOOM sites may vary from this Site. We recommend that you review the privacy statements, terms of use and other policies or terms that may apply to other K12BLOOM sites if you should choose to use such sites. |
Copyright and Trademark Notices |
The entire content of this Site and any supporting software are the proprietary property of K12BLOOM and/or its licensors, and are protected by U.S. and international copyright and other intellectual property laws. The reproduction, redistribution, modification or publication of any part of this Site without the express written consent of K12BLOOM and/or its licensors is strictly prohibited. |
You agree not to display, disparage, dilute, or taint our trademarks or use any confusing similar marks or use our trademarks in such a way that would misrepresent the ownership of such marks. Any permitted use of our trademarks by you shall be to the benefit of K12BLOOM. |
Disclaimer of Warranties |
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: |
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. K12BLOOM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. |
K12BLOOM MAKES NO WARRANTY THAT (i) THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS OR DEFECTS IN THIS SITE WILL BE CORRECTED. |
ANY MATERIAL UPLOADED/DOWNLOADED OR OTHERWISE OBTAINED, FROM THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK; K12BLOOM SHALL NOT BE LIABLE, AND YOU WILL BE SOLELY RESPONSIBLE, FOR ANY AND ALL LOSS, OR CORRUPTION, OF DATA UPLOADED OR INPUTTED BY YOU THROUGH THE USE OF THIS SITE, AND ALL SERVICING, REPAIR, OR CORRECTION AND ANY DAMAGE TO YOUR HARDWARE AND SOFTWARE THAT MAY RESULT FROM THE USE OF THIS SITE. |
Limitation of Liability |
IN NO EVENT SHALL K12BLOOM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE LOSS OF DATA AND/OR THE USE OR THE INABILITY TO USE THIS SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS SITE; OR (v) ANY OTHER MATTER RELATING TO THIS SITE. |
Exclusions and Limitations |
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THE ABOVE MAY NOT APPLY TO YOU. |
Indemnification |
You agree to indemnify and hold K12BLOOM and its subsidiaries, affiliates, officers, agents, directors, licensors, contractors and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site, your connection to this Site, your violation of these Terms of Use, or your violation of any rights of another User. |
Submissions |
K12BLOOM always welcomes suggestions and comments regarding this Site from Users. Any comments or suggestions submitted to this Site or K12BLOOM, either online or offline, will become K12BLOOM’s property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by K12BLOOM might seem to others to be similar to their own submissions or comments. |
Digital Millennium Copyright Act Compliance |
If you have any copyright concerns about any materials posted on this site (” K12BLOOM Site”) by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512). Unless otherwise stated in any specific DMCA designation provided by K12BLOOM, please provide us with written notice (“Notice”) by contact-using our Designated Agent at the following address: |
Designated Agent |
LEAN Frog Digital, LLC dba K12BLOOM |
4950 Corporate Drive NW, Suite 115 |
Huntsville, Alabama 35805 |
email: bloom@leanfrogdigital.com |
To be effective, the Notice must include the following: |
A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, (“Complaining Party”) of an exclusive right that is allegedly being infringed upon; |
Information reasonably sufficient to permit K12BLOOM to contact-us the Complaining Party, such as an address, telephone number, and if available, an electronic mail address; |
Identification of the allegedly infringing material on the K12BLOOM Site (“Infringing Material”), and information reasonably sufficient to permit K12BLOOM to locate such material on the K12BLOOM Site; |
Identification of the copyrighted work claimed to have been infringed upon (“Infringed Material”), or if multiple copyrighted works at a single K12BLOOM Site are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material); |
A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and |
A statement that the information in the Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. |
General Information; Governing Law |
The Terms of Use constitute the entire agreement between you and K12BLOOM, govern your use of this Site, and supercede any prior agreements between you and K12BLOOM concerning this Site. You also may be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software. These Terms of Use and the relationship between you and K12BLOOM will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and K12BLOOM agree to submit to the personal and exclusive jurisdiction of the courts located within the County of New York, State of New York. The failure of K12BLOOM to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. |
Violations |
Please Contact Us to report any violations of the Terms of Use. |
LEAN Frog Digital, LLC dba K12BLOOM. (Revised – December 2022) |
I. INTRODUCTION
This Privacy Statement provides information to you on how LEAN Frog Digital, LLC dba K12BLOOM protects student educational records and personal information (referred to collectively as “Customer Data”) provided to us by our K-12 or higher education institutional customers (educational institutions) to process on their behalf when they, their staff, parents/guardians, and students use our products, including mobile services; and how LEAN Frog Digital, LLC dba K12BLOOM collects and protects personal information (referred to as “Personal Information”) when you visit our products or websites, including https://www.k12bloom.com/and https://leanfrogdigital.com/ (our “Websites”), (collectively, the “K12BLOOM Products”). How we use the information may differ based on our relationship with you and our contractual obligations to our customers. Below, we’ve detailed the different relationships we may have with you. References to “us,” “we,” “our,” or “K12BLOOM” in this Privacy Statement, are referring to LEAN Frog Digital, LLC and its affiliates.
A. DATA CATEGORIES
B. CUSTOMER DATA
K12BLOOM customers are mainly K through 12 schools and districts, and higher education institutions. The makeup of Customer Data processed by K12BLOOM can vary by K12BLOOM service and a customer’s product configuration. K12BLOOM provides a full spectrum of education-related services for customers to choose from. These include K-12 education technology products, higher education products, and administration products. Customers may have one or more of these K12BLOOM products and services. Depending on the product or service, Customers may provide student data, employee data, or applicant data for K12BLOOM processing. The mix of data provided by each customer may also vary based on how the customer configures the K12BLOOM product or service for Customer Data collection (potential variations are discussed in more detail below). For this reason, it is impossible for K12BLOOM to fully document the data that it will process for each customer until after the customer has fully implemented and configured the K12BLOOM product and service. The configuration may also be dynamic in that the school or district may change its data collection configuration over time. If you have questions about which data is being collected by a customer connected to you, you should direct those questions directly to the K12BLOOM customer that controls your data. The customer’s privacy policy may be another good source of information.
When does a customer’s privacy policy govern? K12BLOOM’s Privacy Statement does not supersede the terms of any consent form, privacy notice or privacy statement from your school, school district or higher education institution, or stated alternatively, the terms of any agreements between you and your school or school district, or higher education institution (our customers).
Who Owns Student Data Provided to K12BLOOM by Customers for Processing? Student data is synonymous with Customer Data under this Privacy Statement. Accordingly, all Customer Data is owned, and thereby controlled, by our customers (school, school districts or higher education institutions). If required under applicable law, our customers are responsible for obtaining consent for K12BLOOM to process Customer Data. For Customer Data processing under FERPA, the Family Educational Rights and Privacy Act, a United States federal law governing access to educational information and records, the customer designates K12BLOOM as a “school official” with a legitimate educational purpose. Our customers license K12BLOOM Products and purchase certain professional services for the purpose of providing, maintaining, and supporting student data for those legitimate educational purposes. K12BLOOM will only process student data for the purposes of providing access to the K12BLOOM Products and professional services that our customers (school or school districts) have contracted with us to provide, and we will process such student data according to instructions and the terms of our contract and data privacy agreements with our customers.
Many school districts are also obligated to parents to post information about the data that it collects. It bears mentioning again that K12BLOOM processes the Customer Data under strict contractual obligations and privacy agreements signed with the customer. K12BLOOM does not use or disclose Customer Data except as authorized and required by our customers and as provided for in our agreements with our customers. Because K12BLOOM does not own or control Customer Data, any request for access, review, correction, or deletion of Customer Data must come directly from our customers. With our customer’s consent, K12BLOOM may receive information from affiliates in our K12BLOOM Group of companies, or third parties and combine that information with Customer Data.
C. COLLECTED DATA
Although most K12BLOOM on-line services and products are used by customers for Customer Data collection, K12BLOOM websites and some K12BLOOM products and services collect data directly from users of our website or those products and services. In these situations, K12BLOOM is a “data controller” because K12BLOOM determines the purposes for which and the manner in which personal information is processed. Because K12BLOOM is the collector and controls the configuration of these products and services, K12BLOOM can provide more detail on the data collection. These websites, products and services are further detailed below.
We also collect device and usage information when you access and use the K12BLOOM Products, including information that your browser or the mobile app sends when you are using our products. This data may include your unique device identifier, IP address, your browser type and configuration, the date and time of your use of the product or service and cookie data. Learn more about our use of cookies in our Cookie Statement.
D. TRANSACTION DATA
Transaction Data is not Customer Data, nor is it Collected Data. It is a different K12BLOOM category of data. Transaction Data may contain copied elements from Customer Data or Collected Data. For example, the logging of a user session may contain a unique id that identifies the user. The unique id is necessary for monitoring the health and security of K12BLOOM applications.
The monitoring of K12BLOOM systems and applications is a part of our standard business operations to protect Customer Data and Collected Data; comply with laws; be able to provide customer support, and monitor events related to Customer Data or Collected Data. The monitoring of events is essential in preventing data-related incidents and determining if a data-related incident has occurred or is occurring that requires immediate attention by K12BLOOM’s Incident Response Team. System and application events are monitored by the creation of artifacts or metadata about our systems, applications and their use. We call this “Transaction Data”. Transaction Data is vital to our ability to improve our products; trouble shoot customer support questions; analyze the health and performance of our products; and maintain security of Customer Data and Collected data, and privacy investigations. Transaction Data may either contain personal information along with application data that does not directly or indirectly relate to a person; or application data without any personal information at all.
The storage and maintenance of Transaction Data is separate from the storage and maintenance of Customer Data and Collected Data with clear boundaries between the three types of data. In fact, Transaction Data is temporary. This means Transaction Data is permanently deleted on a regular rolling basis over time. This occurs regardless of whether Transaction Data contains any personal information or not. This is an implementation of the data minimization principle. Transaction Data which contains no personal information or Transaction Data containing even one element of personal information are all treated the same. Except for Service Providers acting as data subprocessors supporting our applications who are granted secure access to Transaction Data, K12BLOOM does not share, disclose, sell or transfer such Transaction Data. Additionally, K12BLOOM treats all Transaction Data as K12BLOOM Restricted Information – meaning confidential and secured – and at the same level as Customer Data and Collected Data.
K12BLOOM does work with various data subprocessors to support the operability of our products. In order for these vendors to service us as captured in our agreements with them, they do create metadata within their systems. In these cases, K12BLOOM binds these vendors to privacy requirements to ensure any metadata is properly deleted as required by law.
K12BLOOM respects our customers’ privacy and data security requirements. Transaction Data is one way we fulfill that promise to our customers – educational institutions and individuals. Transaction Data provides us with the ability to service our customers properly.
E. COMMITMENT TO PROTECTING YOUR DATA
Whether K12BLOOM is a collector or processor or your data, K12BLOOM is committed to protecting your personal information. K12BLOOM uses commercially reasonable physical, administrative, and technical safeguards to preserve the confidentiality, integrity, and availability of your personal information. Our systems are regularly certified by third parties against industry security standards from AIPCA and ISO. As customers provide K12BLOOM with Customer Data to process, K12BLOOM makes commercially reasonable efforts to ensure the security of our systems. 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, administrative, and technical safeguards.
Regardless of whether the data is Customer Data or Collected Data, both are covered under K12BLOOM’s privacy program. K12BLOOM supports privacy rights and has developed and implemented policies, processes, procedures, and technologies for the collection, processing, use, and protection of your data whether it is collected by a customer or us. We are also a signatory of the 2020 Student Privacy Pledge.
How is your personal information protected? K12BLOOM employs a variety of physical, administrative, and technological safeguards designed to protect your data against loss, misuse, and unauthorized access or disclosure. We strive to continuously maintain reasonable physical, administrative, and technical security measures. Our security measures consider the type and sensitivity of the data being collected, used, and stored, and the current state of technology and threats to data. K12BLOOM independently verifies its security management system to the internationally recognized standard for security management and holds ISO 27001 and SOC2 certifications. K12BLOOM also endeavors to align its privacy and security operations to best practices and relevant international regulations.
F. CHILDREN’S PRIVACY
Under the Family Educational Rights and Privacy Act (FERPA), K12BLOOM acts as a “school official” with “legitimate educational interests” and contractually relies on educational institutions to obtain parental consent, if required.
More generally, K12BLOOM has processes and procedures in place to protect the personal information of children under 13, as detailed below. We do not use such information for any purpose other than to provide our services and for the specific uses set forth below, in accordance with contractual agreements with our customers and our Terms of Service. In addition, K12BLOOM’s Schoology Basic product, our free publicly accessible version of Unified Classroom® Schoology Learning, received a PRIVO Kids Privacy Assured Children’s Online Privacy Protection Act (“COPPA”) Safe Harbor certification starting in 2016. K12BLOOM has established COPPA-compliant privacy practices and has agreed to submit to PRIVO’s oversight and consumer dispute resolution process. These practices impact the development and implementation of other K12BLOOM Products other than Schoology Basic.
Consent to Collect, Use, or Disclose Personally Identifiable Information from Children Under 13. Children under 13 may only use K12BLOOM’s Products with the prior consent of a parent or educational institution acting on behalf of the child’s parent. We will not collect, use, or disclose any personally identifiable information from children under 13 without such consent. Educational institutions may consent to the collection, use, or disclosure of personally identifiable information from children under 13 by agreeing to purchase our products.
Personal Information from Children Under 13 Provided to K12BLOOM. K12BLOOM products may collect the following categories of personal information from children under 13, with the appropriate consent:
Our customers, educational institutions, may share personal information of students with educators as needed for educational purposes. K12BLOOM does not control and is not responsible for this type of sharing. If you are a parent and have questions about this, please contact your child’s educational institution.
K12BLOOM does not share personally identifiable information from children under 13 for advertising or marketing purposes.
Parental Rights. For K12BLOOM Products provided to educational institutions, the collection, maintenance, and use of personal information from children under 13 is controlled by the educational institution that contracts with K12BLOOM for use of its Products. If you are a parent and have questions regarding personally identifiable information collected from your child as part of their educational institution’s use of K12BLOOM’s Products, including your rights to review, delete, and refuse further collection of such information from your child, please contact your child’s educational institution. K12BLOOM cannot delete such information unless authorized by your child’s educational institution.
G. DATA SUBJECT RIGHTS
In response to proper requests from Data Subjects (a natural person about whom a data controller holds personal information and who can be identified, directly or indirectly, by reference to that personal information) regarding Customer Data received by K12BLOOM, we will direct the Data Subject to contact the data controller with their request. A proper request must include the specific K12BLOOM application at issue, name of the data controller, the requester’s relationship to the Data Subject, and the specific right to be exercised on that Customer Data or Collected Data. If the controller is not responsive, and the Data Subject notifies K12BLOOM that the data controller was not responsive and properly identify the data controller, K12BLOOM will then notify the data controller of the Data Subject’s request and await guidance from the data controller. K12BLOOM will follow applicable law with respect to Data Requests. We will also reasonably cooperate and assist our customers in connection with access requests, inquiries, and complaints from Data Subjects to whom the Customer Data relates or from data protection authorities. We will not directly respond to a Data Subject request for Customer Data except on documented instructions of our customers. K12BLOOM acknowledges that applicable law regarding Data Subject Rights may be further promulgated, modified, or interpreted by supervisory authorities, and enforced by stakeholders such as state attorney generals. K12BLOOM will reasonably cooperate and assist customers in adapting K12BLOOM’s support of customers regarding responding to Data Subject requests.
H. DATA RETENTION
We keep information collected on behalf of our Customers for as long as necessary to fulfill the purpose for which it was collected, pursuant to contractual terms or as otherwise required by applicable law. We dispose of information that is not held pursuant to contractual terms within a commercially reasonable time period or at the request of a customer using reasonable measures to protect against unauthorized access to or use of information.
I. DATA SUBPROCESSORS
To comply with K12BLOOM’s obligations under applicable data protection laws and to our customers, we provide a list of significant third-party suppliers that enable us to provide our products and services and operate our business. These third-party suppliers perform the functions described below and are considered subprocessors under applicable data protection laws (“Subprocessors”). We require our Subprocessors to implement proper security measures to safeguard and to respect the privacy rights attendant to Customer Data and Collected Data.
Data Subprocessors Processing Activity
Microsoft Azure Data Storage
Microsoft SQL Database
II. PRIVACY DETAILS PER PRODUCT SUITE
Below is a brief privacy-related description of each of our product suites and associated products. Please note that a customer may purchase a license to access one or more products individually or as a suite across our entire product portfolio.
A. K12 BLOOM
This suite of solutions includes k12 BLOOM Behavior Management and Social Support Module.
This application process inputs from teachers, principals, and educational institution administrators to track student behavior data (positive and negative behavior), automate the office referral process, standardize behavior inputs to each educational institution’s individual student code of conduct, standardize consequences and restorative school discipline practices, map educational institution behavior to state requirements, sync behavior into the educational institution’s student information system, and provide data dashboards and reporting.
To exercise your privacy rights under state, federal, provincial or country privacy legislation related to this application and the Customer Data it processes on behalf of your educational institution, please contact your educational institution. As a data processor for our customers, K12BLOOM will take direction from our customers on exercising those privacy rights. Direction from our customers can be submitted through the K12BLOOM support system. To help protect the security of your Personal Information, K12BLOOM will always work with your educational institution to verify your identity.
This application processes inputs from teachers and others at the educational institution to automate student social support referrals, manage student support cases, and provide data dashboards and reporting.
To exercise your privacy rights under state, federal, provincial or country privacy legislation related to this application and the Customer Data it processes on behalf of your educational institution, please contact your educational institution. As a data processor for our customers, K12BLOOM will take direction from our customers on exercising those privacy rights. Direction from our customers can be submitted through the K12BLOOM support system. To help protect the security of your Personal Information, K12BLOOM will always work with
III. K12BLOOM WEBSITES, WEBINARS, DEMOS
For users of our publicly accessible Websites, we offer details on how K12BLOOM collects and uses information from or about you. In this relationship, K12BLOOM acts as a data collector (controller). This is because we collect aggregated information about your browser until and if you consent to provide us personal information about you when you wish to engage with K12BLOOM directly to receive information about our webinars, white papers and product information.
Information You Provide: You may voluntarily provide us information when you complete a form or survey on our Websites or subscribe to our blogs or newsletters. This may include some or all the following categories of information: name and role; job title; signature; profession; social media account name; username; telephone number; street address; and email address. You may also provide information when you register for an account through a Website to log in to a K12BLOOM Product, or submit a resume or other information through the Careers link.
From the moment you first interact with one of our Websites, we may collect personal information. Sometimes we collect personal information automatically when you interact with our Websites and sometimes we collect the personal information directly from you. At times, we may collect personal information about you from other sources and third parties, even before our first direct interaction.
Note that if you use a K12BLOOM application website to access a service or product, you may need to log in to make use of the functionality of the product.
Our Websites may offer publicly accessible community forums. You should be aware that any information you provide in these areas is public and may be read, collected, and used by others who access them and may remain on the public forum indefinitely. To request removal of your personal information from our community forums, please contact bloom@leanfrogdigital.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. We encourage all users to exercise caution when providing personal information in community forums. If you provide information when you communicate through our K12BLOOM community forums, we may link this information with your personal information.
Information We Collect Automatically. We collect information about the pages your device’s browser visits and how your browser accesses and uses the Websites using cookies, tracking technologies and other third-party analytics tools. Specifically, we and our service providers use cookies and similar technologies such as local storage (HTML5), web beacons, JavaScript, and eTags on our Websites. This includes information about the devices you use to access the Websites including, but not limited to, unique device identifiers, IP address, operating system, browser, and cookies. Depending on your device settings, we may also collect information about your approximate geographical location. You can learn about our use of cookies, and set your preferences, in our Cookie Statement.
Information We Receive From Third Parties. K12BLOOM works with third-party ad publishers to re-publish K12BLOOM content on paid media platforms. We may receive personal information about users from these publishers, which we may use to provide user-requested information or to contact users regarding K12BLOOM Products. We may also supplement the information we collect from you with information from the K12BLOOM Group affiliates and other third parties that we use to promote the K12BLOOM Products. For example, we may receive information from a third party about how well an online marketing or email campaign performed, or from conference and trade show organizers.
How We Use Your Information
In addition to the uses described above, we may collect and use your personal information for the following purposes:
Please note that we do not use student data for targeted advertising purposes, for example, by inhibiting these third-party advertising networks from collecting information for targeted advertising purposes when a student logs into the service through their student account. We do not provide any student data to any third parties for marketing purposes not related to legitimate educational interests.
To learn more or opt-out of interest-based advertising by participating companies in the following consumer choice mechanisms, please visit:
IV. K12BLOOM SERVICE PROVIDERS, PARTNERS, AND OTHER THIRD PARTY DISCLOSURES
K12BLOOM works with service providers and partners to fulfill our obligations to our Customers. Customers may also contract directly with a third party and ask K12BLOOM to share access to Customer Data with that third party. Some disclosures may also be required by law.
V. UNITED STATES STUDENT PRIVACY LAWS
K12BLOOM complies with privacy laws of the United States with respect to personal information and especially student educational records. We do not use Student Data for any purpose other than to provide the services, in accordance with our contractual agreements with our Customers, our Terms of Service, and this Privacy Policy. K12BLOOM does not own or control Student Data, which belongs to the student and/or the Customer (schools, school districts, and higher education institutions) that contracts with K12BLOOM to provide the K12BLOOM Products.
VI. CALIFORNIA PRIVACY RIGHTS
California law requires us to disclose the following information with respect to our privacy practices. If you are a California resident, this section applies to you in addition to the rest of the Privacy Statement.
Categories of Personal Information K12BLOOM Collects and Purposes for Collection and Use
The types of personal information we collect depends on which K12BLOOM Product(s) and/or Websites you utilize but can include:
Depending on the K12BLOOM Product(s) and/or Websites you utilize, we may collect personal information through the following means:
K12BLOOM collects and uses personal information for various purposes, including the following:
K12BLOOM does not share personal information with third parties unless necessary for the above-listed purposes. K12BLOOM may disclose personal information to the following categories of third parties:
Exercising California Privacy Rights
Subject to certain limitations, including that K12BLOOM cannot delete Customer Data where it is acting as a data processor under legal agreements with the data controller (our customers), California residents have the right to request access to the categories and specific pieces of personal information we collect, use, and disclose; the right to request deletion of their personal information; and the right to opt out of any sales of personal information that may be occurring. These rights may be exercised via our K12BLOOM Products or by contacting your respective educational institutions who are licensed to the applicable K12BLOOM Product(s).
Access to Data and Deletion Requests
For Collected Data where K12BLOOM is not acting as a data processor, but collects personal information directly from a user, you may submit a request for a copy of the information collected about you in the last 12-months, or request deletion of information, by contacting us at bloom@leanfrogdigital.com.
VII. INTERNATIONAL DATA TRANSFERS AND ACCESS
Your data may be transferred to and stored by us in the United States and by our affiliates and third parties even if our customers are based elsewhere other than in the United States. Customer Data is hosted within the United States. Therefore, Customer Data may be transferred and processed in the United States from Customers residing outside of the United States. Therefore, your Data may be processed outside your jurisdiction, and in countries that may not provide for the same level of data protection as your jurisdiction, such as the European Economic Area (EEA) or the United Kingdom (UK). K12BLOOM utilizes the following frameworks for transferring data out of the European Economic Area (EEA) or the UK: the Standard Contractual Clauses (SCCs). K12BLOOM remains a covered entity under the EU-US and Swiss-US Privacy Shield, although we acknowledge that the Privacy Shield is no longer an effective means of cross-border data transfer. We ensure that the recipient of your Data offers an adequate level of protection, for instance by entering into the appropriate data processing agreements and standard contractual clauses for the transfer of data as approved by the European Commission.
A Note About Privacy Shield:
While K12BLOOM does not presently rely on the Privacy Shield, we continue to adhere to the commitments we certified to under the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. To learn more about the Privacy Shield Frameworks, visit the U.S. Department of Commerce’s Privacy Shield List. K12BLOOM is responsible for the processing of Personal Information it receives, and subsequently transfers to a third party acting as an agent on its behalf. K12BLOOM complies with the Privacy Shield Principles for all onward transfers of Personal Information from the EEA, UK and Switzerland, including the onward transfer liability provisions. With respect to Personal Information received or transferred internationally, K12BLOOM is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, K12BLOOM may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Under certain conditions, more fully described on the Privacy Shield website https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
We encourage you to contact us at bloom@leanfrogdigital.com should you have a Privacy Shield-related question, concern, and/or complaint. K12BLOOM takes all concerns about privacy and the use of personal information seriously and shall endeavor to reply to you within 45 days of receiving a complaint.
VIII. LINKS TO OTHER SITES.
Our Websites may provide links to third party websites or resources. The information practices of those websites are not covered by this Privacy Statement or any other policies or terms applicable to the K12BLOOM Products or Websites. We recommend that you review any terms of use and privacy policies of any linked third-party website before providing any personal information.
IX. IN THE EVENT OF CORPORATE TRANSITION.
In the event that K12BLOOM is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the personal information our Customers have provided to us from our Users as part of such merger, acquisition, sale, or other change of control to the new data processor. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used. Nevertheless, in such a circumstance, K12BLOOM would request that all applicable data privacy standards no less stringent than our own shield the personal information already in our possession. In the event that information is shared in any manner, notice will be posted on our site.
X. CHANGES TO THE STATEMENT.
We may update this Privacy Statement and its last updated date to reflect changes to our data governance practices. If we propose to make any material changes, we will notify you by means of a notice on our public facing webpage page prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
XI. CONTACT US.
If you have any questions or concerns about your privacy or this Privacy Statement, please Contact us at bloom@leanfrogdigital.com .
You may also write to us at:
LEAN Frog Digital, LLC dba K12BLOOM
4950 Corporate Drive NW, Suite 115 Huntsville, Alabama 35805
ATTN: Privacy