Last modified: November 21, 2017

 

Introduction  

    EdQwest, Inc. (doing business as ExceptionALLY, “ExceptionALLY”, “Company”, “We”, or “Us”) respects your privacy and is committed to protecting it through its compliance with this policy.

 

    This policy describes the types of information we may collect from you or that you may provide when you visit the website GrowExceptionALLY.com (our “Website”) or use any of the applications (the “Applications”), products, or services offered by Company (collectively, the “Services”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

    This policy applies to information we collect:

 

  • Through the Services.
  • In email, text, and other electronic messages between you and Company.
  • Through our partners.

    It does not apply to information collected by:

 

  • Any third party, including through any application or content (including advertising) that may link to or be accessible from the Services. These other services have their own privacy policies, and we encourage you to review them before providing them with personal information.

    Whether you are new here (welcome!), or have been using ExceptionALLY for a long time (welcome back!), please do take the time to get to know our privacy practices. We think they’re pretty clear and friendly, but if you have any questions, we’re here to help. You can send us an email at [email protected]

  By accessing or using the Services, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

 

What is ExceptionALLY?

ExceptionALLY is an information platform that supports parents and educators in the special education process. When parents set up an ExceptionALLY account, they create a unique username and password.

More information on how the Services operate is located here and your participation and use of the Services is governed by our Terms of Use (“Terms”).

 

Children Under the Age of 13  

    

Our Services are not intended for children under 13 years of age. No one under age 13 may use the Services or provide any personal information on the Services. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on these Services or on or through any of its features, use any of the interactive or public comment features of these Services, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected]

 

Information We Collect About You and How We Collect It  

  

We collect several types of information from and about users of our Services, including information:

 

  • By which you may be personally identified, such as name, postal address, e-mail address, telephone number, any other identifier by which you may be contacted online or offline, persistent electronic identifiers, or information which could be reasonably linked to such identifying information by us (“personal information”);
  • That is about you but individually does not identify you, such as question and assessment answers, characteristics of yourself or your child or student, past experiences with special education accommodations, abilities of yourself or your child or student (where such information is not tied to identifying information or is so unique to constitute identifying information); and/or
  • About your Internet connection, the equipment you use to access our Services and usage details.

  

  We collect this information:

 

  • Directly from you when you provide it to us;
  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies; and/or
  • From third parties, for example, our business partners.

The types and amounts of information collected will vary depending on whether the user is a teacher, school leader, parent or student (we collect minimal information from students) and how they use the Services (if teachers join their school, we may need to collect school address information).

 

Information You Provide to Us.

The information we collect on or through our Services may include:

 

  • Account Sign-up and Profile Information. This includes first and last name, email address, telephone number, password, and profile photograph. Teacher and school leader profiles may be viewed by other teachers and school leaders; however, no teacher, parent, or student profile is made available or visible to the general public through the functionality of the Services.
  • Questionnaire, survey, and other information that you provide by filling in forms on our Services. The information is used to deliver the Services to you, such as by generating recommended accommodations, modifications, and development goals for an Individualized Education Plan. This includes information provided at the time of registering to use our Services, posted to our site, collected through questionnaires and assessments, personalized notes, or collected when you request further services or report a problem with the Services.
  • Records and copies of your correspondence (including email addresses), if you contact us, participate in a video testimonial about the Services, or choose to participate in any surveysor other efforts to improve the Services.
  • Contact information for those you invite to join the Services. You can invite others to join the Services, for example by providing their email address or phone number (to invite them via SMS). You can also invite others to join the Service by utilizing your own native mobile application functionality, for example by email, SMS, or sharing via Facebook or Twitter. We will collect and store the email and phone numbers you provide with these requests and will also treat this as personal information in accordance with this Privacy Policy. We may also ask you for access to the contacts on your mobile device to prevent you having to enter contact information for those invitations you send through our application and may store these contacts from your address book. If these individuals would like to request deletion of their information, they may contact us directly at [email protected]
  • Details of transactions you carry out through our Services and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Services.

    You also may provide information to be published or displayed (“posted”) on public areas of the Services, or transmitted to other users of the Services or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

 

Information We Collect Through Automatic Data Collection Technologies.

As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

 

  • Details of your uses of the Services, including traffic data, referral URLs, date and times of requests to the Services, location data, logs, and other communication data and the resources that you access and use on the Services. If you use the Services on different devices, we may link the information we collect from those devices to help us provide consistent service across your devices.
  • Information about your computer and Internet connection, including your IP address, operating system, hardware versions and settings, device settings, file and software names and types, device identifiers, device event information (such as crashes and system inactivity), browser settings, and browser type. This helps us measure how the Services are performing and send you push notifications if you have opted in to receive them.

    When you use the Services, we collect and process information about your geographic location, for example through GPS, Bluetooth, or WiFi signals. If you no longer wish to allow us to track your location information, you may opt-out at any time by turning it off at the device level.

 

The technologies we use for this automatic data collection include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. If you select this setting, however, you may be unable to access certain parts of our Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Services. We use both session and persistent cookies. A session cookie disappears after you close your browser, and a persistent cookie remains after you close your browser (although it can be removed). Persistent cookies allow us to identify you on subsequent services to the Services. We may also use, collect, and store information locally on your device using mechanisms such as browser web storage (including HTML 5). We use these technologies to tailor the Services to you and to help the Services work better for you—for example, by remembering your language preferences.
  • Flash Cookies. Certain features of our Services may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Services. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
  • Web Beacons. The Services and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or and for other related website or email statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

 

    The information we collect automatically may include personal information, and we may associate information we collect automatically with personal information we collect in other ways or receive from third parties. If we combine automatically-collected data with personal information, or if the automatically-collected data already contains personal information, we will treat the information as personal information under this privacy policy. It helps us to improve our Services and to deliver a better and more personalized service, including by enabling us to:

 

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Services according to your individual interests.
  • Recognize you when you return to the Services.

 

How We Use Your Information  

   

    We use information that we collect about you or that you provide to us, including any personal information:

 

  • To present our Services and its contents to you.
  • To improve the Services, such as by developing new products and features.
  • To customize the Services for you.
  • To provide you with information, products, or services that we believe you may be interested in.
  • To fulfill any other purpose for which you provide it.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Services or any products or services we offer or provide though it.
  • To respond to your requests for information or customer support.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.
  • And, most importantly, to protect our community by making sure the Services remain safe and secure.

    Company also limits its use of Education Records, as defined in the Family Educational Rights and Privacy Act (“FERPA”) and information collected directly from students as detailed in the Terms of Use.

 

Disclosure of Your Information  

    

    If otherwise allowed by applicable law, we may disclose personal information that we collect or you provide as described in this privacy policy:

 

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of EdQwest, Inc.’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by EdQwest, Inc. about our users is among the assets transferred.
  • To fulfill the purpose for which you provide it. For example, if you give us an email address to use the “email a friend” feature of our Services, we will transmit the contents of that email and your email address to the recipients.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent. 
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms of Use.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of EdQwest, Inc., our customers, or others.

 

Choices About How We Use and Disclose Your Information  

    We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

 

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Promotional Offers from Company. If you do not wish to have your email address/contact information used by Company to promote our own products or services, you can opt-out by emailing us at [email protected] If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.
  • We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

    You can always decline to share personal information with us, or even block all cookies. However, it’s important to remember that many of the Services’ features may not be accessible, or may not function properly—for example, we may not be able to remember your language preferences for you.

 

Accessing and Correcting Your Information  

    We aim to provide you with easy access to any personal information we have collected about you. If that information is incorrect, we give you easy ways to update it, or to delete it, unless we have to keep that information for legitimate business (e.g., we need at least an email address for your account) or legal purposes.    

  • Accessing Your Information: Upon request, we will provide you with information about whether we hold any of your personal information, and, if you are a user of the Services, you may request access to all your personal information we have on file by contacting us at [email protected] In some cases, we won’t be able to guarantee complete access due to legal restrictions—for example, you will not be allowed to access files that contain information about other users or information that is confidential to us. We may not be able to fulfill requests that are unreasonably repetitive, require disproportionate technical effort, or would be extremely impractical.
  • Updating Your Information: You may update, correct, or delete some of your profile information or your preferences at any time by logging into your account and accessing your account settings page. You may have to verify your identity before you can do that. You may also, at any time, update, correct, or delete certain personal information that you have provided to us by contacting us at [email protected] We will respond to your request within a reasonable timeframe. Please note that while your changes may be reflected promptly in active content, users that have previously accessed the content may still have access to old copies cached on their device or may have copied and stored your content. In addition, we may retain a backup copy of the prior version for a limited period of time or for legal purposes. 

   If you delete your User Contributions from the Services, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users.

 

How Can I Delete My Account?

    We hope you love using the Services now and always. However, if for some reason you ever want to delete your account (or your child’s account, if you are his or her parent), you can do that at any time by contacting us at [email protected]

    When you delete your account, we delete your profile information and any other content you provide in your profile (such as your name, username, password, email address, and profile photos) depending on the category of user you are and information collected through the mobile permissions you have granted. Information that you have shared with others, others have shared about you, or content other users may have copied and stored, is not part of your account and may not be deleted when you delete your account.

 

What Communications Will I Receive from Company?

    If you registered for the Services, provided an email or phone number to us, or otherwise opted-in to receive communications from us, we may send you messages and updates regarding your account, including privacy and security notices, updates regarding the Services, and information regarding products, features or services from Company. These communications may include, but are not limited to, social media updates, SMS/MMS messages, push notifications, email, and postal mail. If you have an account with us, we’ll also use your email address to contact you for customer service purposes, or for any legal matters that arise in the course of business.

    If you invite another person to join you on ExceptionALLY by providing their email address or phone number, we may contact them regarding the Service using the appropriate form of communication. If they would prefer not to receive our communications, they may opt-out using the “STOP” or “opt out” instructions contained in those communications.

    We may receive a confirmation when you open an email from us if your device supports it. We use this confirmation to help us understand which emails are most interesting and helpful. You can always unsubscribe from receiving any of our email or other communications whenever you’d like by clicking the “Unsubscribe” link at the bottom of any ExceptionALLY email, by turning off push notifications on your device, or sending an email to [email protected] Please note that if you do not want to receive legal notices from us, such as this Privacy Policy, those legal notices will still govern your use of the Services, and you are responsible for reviewing those legal notices for changes.

 

Social Media Features/Widgets

    The Services may now or in the future include social media features, such as the Facebook Like button, and the Twitter Tweet button. These social media features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Services. Your interactions with these social media features are governed by the privacy policy of the company providing each social media feature. If you are not comfortable accessing such social media websites and using such social media features, please do not use them!

 

Your California Privacy Rights and Disclosures

    

    California Civil Code Section § 1798.83 permits users of certain websites that are California residents to request certain information regarding disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected]

    We do not track its users over time and across third party websites to provide targeted advertising and therefore do not respond to Do Not Track (DNT) signals. For more information on “do not track”, please visit www.allaboutdnt.org.

    Third parties that have content embedded on the Services, such as a social feature, may set cookies on a user’s browser and/or obtain information about the fact that a web browser visited the Services from a certain IP address. Third parties cannot collect any other personally identifiable information from the Services unless you provide it to them directly.

 

Data Security  

    

    We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. We work hard to protect our community, and we maintain administrative, technical and physical safeguards designed to protect against unauthorized use, disclosure of or access to personal information. In particular:

  • We periodically review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.
  • We continually develop and implement features to keep your personal information safe.

 

    The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Services. The information you share in public areas may be viewed by any user of the Services.

 

    Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Services.  Outages, attacks, human error, system failure, unauthorized use or other factors may compromise the security of user information at any time. If we learn of a security breach, we will attempt to notify you electronically (subject to any applicable laws) so that you can take appropriate protective steps; for example, we may post a notice on our homepage (www.Growexceptionally.com) or elsewhere on the Services, and may send an email to you at the email address you have provided to us. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in the Services.

 

What if I’m not in the U.S.?

The Services are hosted in the United States. If you use the Services from the European Union, or any other region with laws governing data collection, protection and use that may differ from United States law, please note that you may be transferring your personal information outside of those jurisdictions to the United States. By using the Services, you consent to this, and to the use and storage of personal information in accordance with this Privacy Policy.

 

Changes to Our Privacy Policy  

    

    We may amend our Privacy Policy at any time in our sole discretion. It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Services. If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address specified in your account and through a notice on the Services. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes. If you don’t agree with any changes to the Privacy Policy, you may terminate your account. By continuing to use the Service after the revised Privacy Policy has become effective, you acknowledge that you accept and agree to the current version of the Privacy Policy.

 

Contact Information  

    

    To ask questions or comment about this privacy policy and our privacy practices, contact us at: [email protected] We would love to help!