Privacy Policy

Last updated: March 19, 2013

Spectrum Playground, Inc. (“Spectrum Playground” or “we”) has created this privacy policy (the “Policy”) in order to demonstrate our firm commitment to consumer privacy. Spectrum Playground recognizes the importance of protecting the privacy of Personal information, as defined below, that you may provide Spectrum Playground through our website (“Site”). When you access our Sites or otherwise provide Spectrum Playground with your Personal Information, such as your name, address, email address, or phone number, you give Spectrum Playground your consent to process and use such submitted information in accordance with the terms and conditions of this Policy. The following describes the general information-gathering and dissemination practices for our Site.

This Policy applies to information Spectrum Playground receives offline or through any means in addition to the information collected on the Site. Your use of this Site constitutes your agreement to Spectrum Playground’s use of your Personal Information in accordance with this Policy. Spectrum Playground may, at our sole discretion, edit this Policy from time to time. Any changes are effective upon posting and your continued use constitutes your acceptance of any such changes, so you may wish to check it each time you submit Personal Information through the Site.

Definition of "Personal Information”

“Personal Information” is information that identifies you as an individual and may include the following information: your name, organization name, mailing address, email address, and phone number(s). SPECTRUM PLAYGROUND DOES NOT COLLECT PERSONAL INFORMATION DIRECTLY FROM STUDENTS, as the term “Student” is defined in the Terms of Service. If we ever need to collect information that is not Lesson Data directly from your Student, we will seek your authorization via email or other means, at our discretion, prior to collecting such additional information. SPECTRUM PLAYGROUND WILL NOT OBTAIN PERSONAL INFORMATION ABOUT YOU WHEN YOU VISIT OUR SITE, UNLESS YOU CHOOSE TO PROVIDE SUCH INFORMATION TO US.

Collection of Information

Spectrum Playground may collect and store the following information, which may include Personal Information, through the Site or Service: (i) information you submit through your use of the Site or Service, including payment information, (ii) usage information, including duration of usage, and (iii) information provided automatically to Spectrum Playground’s web server. Further examples of the types of information Spectrum Playground may collect and store are as follows:

· Usage Data: If you visit our Site, we obtain certain information which may include (but is not limited to) the webpage you were visiting before you came to our Site, your browser, your computer’s IP address, the date and time you access our Site, the pages on our site you visit and how long you stay on each page, and other usage data. We call this type of information “Usage Data”.

· Registration and Billing Data: In order for a Student to use our Service, a parent or legal guardian of the Student, or an authorized school official, or an authorized therapist or clinician must first register, and purchase a subscription on the Site. During the registration process we will require you to provide your name and email address. When purchasing a subscription to our Service, we will collect a billing name and address, phone number, credit card number, security code, and expiration date (the “credit card payment information”). For the avoidance of doubt, Spectrum Playground collects your credit card payment information, transmits that credit card payment information to the payment processor, and receives an authorization code or denial for the transaction, but Spectrum Playground does not retain such credit card payment information. When adding Students to your account we will collect the Student’s name, date of birth, and gender. We will also collect your relationship to the Student, such as parent, teacher, therapist, family member, etc. You may review and modify your Registration Data at any time by accessing the Account page on our website. You may also review and modify your Student(s) information at any time by accessing the Student page on our website. We call the data we collect during the registration process “Registration Data”. The data collected during the subscription purchase process is called “Billing Data”.

· Lesson Data: When a Student uses the Service we obtain “Lesson Data” about his/her usage of the Service. Lesson Data includes, but is not limited to, data about when the Student starts and stops a lesson, the responses the Student makes to questions asked, and the Student’s choice of lesson subjects and rewards.

· Other Information:

o You may choose to send us information via email, in which case the content of such information is determined in your discretion.

o You may also choose to provide testimonials on behalf of Spectrum Playground and our Service.

o We also obtain your Internet protocol (IP) address each time you access our Site.

Please note that the Site and Service are hosted in the United States. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States, which does not have the same data protection laws as the EU or other regions. By providing your personal data you consent to the use of your personal data as described in, and in accordance with this Policy, as well as the transfer of your personal data to the United States as indicated above.

Use of Information

Spectrum Playground may use your information to: (i) provide you the Service; (ii) send you materials or information you have requested; (iii) evaluate, update and/or improve the Service or the Site; (iv) gather broad demographic information; (v) for security purposes; and/or (vi) to diagnose problems with the server or to administer the Site. Further examples of how Spectrum Playground may use the information you provide are as follows:

· Usage Data: Usage Data is collected for statistical purposes to monitor and analyze the use of the Site, and to improve the Site’s functionality. By way of example only, Spectrum Playground may use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our Site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.

· Registration and Billing Data:

o Email Address: Your email address will serve as your login username, and our primary means of communicating with you. We will email you system messages, such as a confirmation email when you register for an account. We will also email you information about the Service, such as notifying you that new lessons have been added, or updates have been made to the website. Finally, we may send newsletters and marketing communications about the Site and Service. If you do not want to receive any of the marketing or informational emails about the Site or Service (i.e., messages not having to do with Site or Service operations), then please follow the unsubscribe directions in the email. Spectrum Playground will NOT send you unsolicited third party promotional emails.

o Your Name and Relationship to Student: We will use your name, and relationship to Student to personalize and customize the Service.

o Phone Number: Your phone number will serve as an alternate way of contacting you. Phone contact will be primarily following-up on customer service issues or questions you ask of us.

o Student’s Name: Your Student’s name will be used to personalize and customize the Service.

o Student’s Age: We will use a Student’s age to group Lesson Data of children of similar age so we can assess aggregate performance by age and improve the Service. Such information will be aggregated and will NOT identify any students individually.

o Student’s Gender: We will use a Student’s gender to group Lesson Data of children of the same gender so we can assess performance by gender, and improve the Service. Information aggregated in this manner will NOT identify any Students.

o Credit Card Information: We will use credit card information to process payment of your subscription, as further described in the Terms of Service.

o Billing Address: Your billing address will be used to process payment of your subscription.

· Lesson Data: We will use Lesson Data to (i) provide you reports of your Student’s performance and/or time spent in each lesson, and (ii) improve lesson design and the overall Service. In addition, we may aggregate your Student’s Lesson Data with the Lesson Data of other Students using our Service to improve our Service, and for marketing or other business related purposes. Aggregate information will NOT identify any Students.

· Other Information:

o Information you provide via email will be solely used to respond to your message.

o With your consent we may post your testimonial on the Site along with your name. If you want your testimonial removed please contact us using the information listed at the bottom of this Policy.

o Spectrum Playground uses your Internet protocol (IP) address to help diagnose problems with our server, as well as to administer the Site. Your IP address is used to help identify you and to gather broad demographic information. Spectrum Playground may use your IP address to help protect ourselves and our partners from fraud. For system administration purposes, Spectrum Playground also logs IP server addresses and catalogues traffic patterns through the Sites. However, Spectrum Playground does not link this information to users' Personal Information.

Disclosure of Personal Information

Spectrum Playground may share your Personal Information only under the following circumstances:

· Business Partners: Spectrum Playground may share Personal Information with contracted business partners that are directly involved in the sale, distribution, transmission, operation, maintenance, analysis, and support of the Site or Service on our behalf. If these contracted business partners do access any Personal Information it is only so that they may perform their duties on our behalf and Spectrum Playground will require those business partners to maintain and keep confidential such Personal Information in accordance with this Policy.

· Business Transfers. As Spectrum Playground continues to develop our business, Spectrum Playground may sell or buy assets. In such transactions, customer information generally is one of the transferred business assets. Thus, if Spectrum Playground or a subsidiary Spectrum Playground controls, sells substantially all of its assets, or is acquired by another entity, customer information may be one of the transferred assets and you agree that you consent to such transfer. Spectrum Playground will use reasonable efforts to require that the acquiring party abide by the terms of this Policy.

· Protection of Spectrum Playground and Others. Spectrum Playground releases account and other Personal Information when such release is (a) at the request of law enforcement or (b) necessary to comply with the law; enforce or apply our Terms of Service or other agreements; protect the rights, property, or safety of Spectrum Playground and our users; or in connection with a legal claim or proceeding. This includes exchanging information with other companies and organizations as part of our efforts to prevent fraud and identity theft.

Disclosure of Non-Personal Information

“Non-Personal Information” contains nothing that could identify you personally. Spectrum Playground may share Non-Personal Information with parents, teachers, researchers, clinicians, marketing professionals, or other third parties.

Security

Spectrum Playground uses physical, logical, and procedural security measures to protect the information you provide to Spectrum Playground. However, while Spectrum Playground uses commercially reasonable steps to protect the Personal Information you provide to Spectrum Playground from unauthorized access, use or disclosure, you accept that no Internet data transmission can be guaranteed to be secure from access by unintended recipients. If you have any questions about security on our Site or Service, please contact us using the information listed at the bottom of this Policy.

Data Retention

Spectrum Playground retains your information for as long as necessary to (a) permit Spectrum Playground to use it for the purposes described in this Policy, and (b) comply with applicable law or regulation.

Opt-Out

Because Spectrum Playground’s Service is fee based, and personalized for each Student, all the information we request about you and your Student is required for you and your Student to use the Service. At any time, you may request to review the personal information collected, revoke your consent allowing your Student to participate in the Service, refuse to allow Spectrum Playground to further use or collect your Student’s Personal Information. If you opt-out of providing the requested information, or revoke the use of information that has been collected, then you and your Student will not be able to use the Service. Any aggregated ANONYMOUS Lesson Data will be retained, but we will no longer use any personally identifying information regarding you or your Student that you have provided.

Cookies

Cookies are pieces of data assigned by a Web server that uniquely identify the browser on your computer. Websites typically use temporary cookies called “session” cookies to ensure that you are recognized when you move from page to page within one site and that any information you have entered is remembered. Websites also use cookies called “persistent” cookies to enable a website to remember you on subsequent visits, speeding up or enhancing your experience of services or functions offered. Spectrum Playground may set and access both persistent and session cookies on your computer. You have the option to accept or disable cookies at any time through your Web browser. Visit the “help” portion of your toolbar for more information. Your decision to accept or reject a Spectrum Playground cookie will not affect your ability to access the Site, however, the Site and Service may not function as intended if a cookie is rejected. Our sites’ cookies are not linked to any personally identifiable information.

Web Beacons

Our Site or Service may contain electronic images known as Web Beacons (sometimes called single-pixel gifs), which are used along with cookies to compile aggregated statistics to analyze how our Site and Service are used. Web Beacons may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.

Links

The Site may contain links to other websites that are operated or owned by third parties. Please note that when you click on one of these links, you are navigating to another website. Spectrum Playground encourages you to read the privacy statements of these linked sites as their privacy policies may differ from ours. Spectrum Playground is not responsible or liable for the privacy practices or the content of these third-party web sites, and you use them at your own risk.

Children’s Online Privacy Protection Act

Congress has enacted a law called the Children’s Online Privacy Protection Act of 1998 (COPPA) which is designed to protect children’s privacy during use of the Internet. Spectrum Playground will not knowingly request personally identifying information or private content from anyone under the age of 13. As further described in the Terms of Service, only persons 18 years or older are allowed to create an account and purchase a subscription to our Service. A Student’s name, date of birth, and gender is supplied by an adult, NOT the Student. Students do not have their own account on Spectrum Playground. An adult, generally a parent, teacher, or therapist, must login to his/her account and start lesson play for a Student in his/her account. If you would like more information about COPPA please visit http://www.ftc.gov/ogc/coppa1.htm.

California Privacy Rights

California Civil Code Section 1798.83 permits customers of Spectrum Playground who are California residents to request certain information regarding its disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to the email address specified at the end of this Policy, and include “California Privacy Request” in the subject line. Please note that Spectrum Playground is only required to respond to one request per customer each year, and Spectrum Playground is not required to respond to requests made by means other than through this e-mail address.

Contacting Us

If you have any questions about this Policy, the practices of the Site or the information you have submitted to the Site, you can contact Spectrum Playground at:

Spectrum Playground, Inc.
700 12th Street NW

Suite 700
Washington, DC 20005
phone: (202) 817-2790
email: [email protected]