PRIVACY POLICY

Effective date: July 31, 2013

We at An Estuary, Inc. ("An Estuary," "we," "us," "our”) know that you care about how your personal information is used and shared, and we take your privacy seriously. By accessing or using the Services (including without limitation our websites and the An Estuary mobile application(s) (collectively, the “Mobile Application”)), you acknowledge that you accept the practices and policies outlined in this Privacy Policy.  Your use of An Estuary’s Services is at all times subject to the Terms of Service, which incorporates this Privacy Policy. Any terms we use here without defining them have the definitions given to them in the Terms of Service.

This Privacy Policy describes how we collect and use your information; if you have any questions or concerns regarding our privacy practices, please contact us at info@anestuary.com .

This policy does not apply to websites or practices of companies that An Estuary does not own or control, or to individuals that An Estuary does not employ or manage, including providers of third party software or content.

Privacy - COPPA

If you are not of legal age to form a binding contract (generally, 18 or older), you may only use the Services and disclose information to us with your parent’s or guardian’s express consent. Review this Privacy Policy with your parent or guardian and make sure you understand it, and do the same with the privacy policies of all websites you visit or mobile applications you use.

We only collect personal information through the Services from a child under 13 where that student’s school, district, and/or teacher has agreed (via the terms described in more detail in the Terms of Service) to obtain parental consent for that child to use the Services and disclose personal information to us, for the use and benefit of the learning environment. If you are a student under 13, please do not send any personal information about yourself to us if your school, district, and/or teacher has not obtained this prior consent from your parent or guardian, and please do not send any personal information other than what we request from you in connection with the Services. If we learn we have collected personal information from a student under 13 without parental consent being obtained by his or her school, district, and/or teacher, or if we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this paragraph, please contact us at info@anestuary.com.

If you are a school, district, or teacher, you represent and warrant that you are solely responsible for complying with COPPA, meaning that you must obtain advance written consent from all parents or guardians whose children under 13 will be accessing the Services. You are responsible for (i) understanding how any third party Software that you install on behalf of yourself or other users may collect and use information of users of An Estuary’s Services, and (ii) for complying with all rules, regulations and requirements of your school district with respect to use of the Service and the display or submission of any Content containing information regarding your students. When obtaining consent, you must provide parents and guardians with our Privacy Policy and obtain all required consents. You must keep all consents on file and provide them to us if we request them. 

When we use the term "Personal Information" in this Privacy Policy, we are referring to personally identifiable information of individual, non-student registrants of the Services.

INFORMATION WE DISPLAY OR COLLECT

Information You Provide to Us

We receive and store any information you knowingly enter on the Services, whether via computer, mobile phone, other wireless device, or that you provide to us in any other way. This information may include, without limitation, Personal Information such as your name, user name, email address, phone number, profile picture, school affiliation and location, billing and payment information, and any other information necessary for us to provide our Services. If you are a teacher, and you use our referral service to tell another teacher about our Services, we will ask you for that teacher’s name and email address.

To make a payment to us, we require you to provide your billing details, such as a name, address, email address and financial information corresponding method of payment (e.g. a credit card number and expiration date or a bank account number). If you provide a billing address, we will regard that as the location of the account holder.

Information Collected Automatically

We receive and store certain types of usage information whenever you interact with the Services; this information is not Personal Information. For example, An Estuary automatically receives and records information on our server logs from your browser including your IP address, An Estuary cookie information, and the page you requested. We also record the details of your activity on the Services, and the number and frequency of visitors to our site and its components.

 When you download our Mobile Application, we automatically collect information on the type of device, name and version of the operating system, name and version of the application, whether the currently logged in user is a teacher, student, or other user type, the numerical mobile device user ID, as well as actions performed by the user in accessing the Mobile Application (“Mobile Usage Information,” which is considered part of “usage information” as described above).

We may ask you for permission to pull geographic-location-based information from your mobile device (i.e., information regarding where your mobile device is located on the globe at a particular time) while using our Mobile Applications, which will be used for specific functions such as tagging an artifact with a location, checking in at a location and similar functions.  

We also use mobile analytics software to allow us to better understand the functionality of our Mobile Application on your phone. This software may record information such as how often you use the Mobile Application, the events that occur within the Mobile Application, aggregated usage information, performance data, and where the application was downloaded from; this information is considered Mobile Usage Information.

Cookies are alphanumeric identifiers that we transfer to your computer or mobile device to enable our systems to recognize your computer or device and tell us how and when pages in our site are visited and by how many people. An Estuary cookies do not collect Personal Information, and we do not combine the general information collected through cookies with other Personal Information to tell us who you are or what your user name or email address is. Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave the cookies activated, however, because you may not be able to log in or use many of the Services’ most attractive features without cookies enabled.  The Services may also contain electronic images known as web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how the Services are used.

WHAT WE MAY USE IT FOR

Generally
  When you use the Services, you may set up your personal profile, form relationships, send messages, perform searches and queries, and transmit information through various channels, depending on the category of user ("User Category") you are registered as, and as permitted by the functionality of the Services. The information we gather from users enables us to personalize and improve our services, and allows users to set up a user account and profile through the Services.

Billing and Payment  For billing information, we use this information to bill you for products, materials, courses or subscriptions or other charges and we will disclose this information to our payment processors who help us to process credit card transactions and service providers in connection with billing and collecting amounts owed to us. By using our services, you authorize us to sub-contract in this manner on your behalf.  If your details (as the account holder) are different to the billing contact listed for your account, we may disclose your identity and account details to the billing contact upon their request (such as an account administrator under an enterprise account). By using our services and agreeing to this privacy policy, you consent to this disclosure.

Personal Information  The Personal Information you provide is used for such purposes as responding to your requests for certain information and services, customizing your experience, billing and payment on your account, and communicating with you about the Services.  We also use Personal Information for creating your individual account, customizing your experience, and for sending you notifications via the Services from your teacher, school, district, fellow Limited Access Group members, and from An Estuary (regarding your use of the Services) (“Notifications”).

Your email address
 If you provide us your email address, we may send you email communications. Web beacons may also be used in some of our emails to let us know which emails (and which links within those emails) have been opened by recipients. This allows us to gauge the effectiveness of our customer communications. If you are a student, we will only use your email address to send you Notifications. To opt out of receiving emails from us, please contact us at info@anestuary.com.  Please note that if you do not want to receive legal notices from us via email, such as this Privacy Policy, those legal notices will still govern your use of the Services, and you are responsible for visiting this Privacy Policy from time to time to review any changes.

Other email addresses you provide 
If you are a teacher and you provide us with another teacher’s name and email address, we will automatically send that teacher an email inviting him or her to visit the Services. We store this information for the sole purpose of sending this email (and, if applicable, subsequent “reminder” emails) and tracking the success of our referral program. The referred teacher may contact us at info@anestuary.com to request that we remove this information from our database.

Usage Information
An Estuary uses this type of aggregate data to enable us to figure out how often users use parts of the Services, so that we can make the Services appealing and relevant to as many users as possible, and customize and improve those Services. As part of our use of information, we may provide aggregate information to our partners (in a non-personally-identifiable format) about how our users use our site. We share this type of statistical data so that our partners also understand how often people use our partners' services and the Services to help provide you with an optimal online experience. We may link usage information to Personal Information that we collect through the Services, but we will only use this linked information internally (for example, to customize your experience), and will not disclose it in linked format to third parties. Additionally, certain usage-related information may be viewable in your user profile that may be displayed to other users, depending on your User Category; for example, a “badge” may displayed in your profile indicating that you have added content to your user “library,” or that you have logged into the Services more than a certain number of times.

Mobile Usage Information
This information is used to determine the device capabilities and usage trends which allows us to better understand which devices we should support and what features are most frequently used.

Push Notifications
If you use the Mobile Application, we will send push notifications to your mobile device in order to make you aware of certain activities that may occur within your account, such as when someone has entered a new post, when you have new notifications, or when grades have been posted. You may opt-out of receiving these types of communications by turning them off at the device level or emailing us at info@anestuary.com

Resale of Personal Information

We neither rent nor sell your Personal Information; we may share your Personal Information and - in personally identifiable form only as described below. Again, please note that references to "Personal Information".

Businesses We Do Not Control
In certain situations, businesses or third party websites we're affiliated with may offer or sell items or provide services to you through the Services (either alone or jointly with us). We may, for example, work jointly with other businesses to offer or sell products or provide services, or we may work with third party websites to enhance your online experience. These transactions or services may or may not be commercial in nature. You can recognize when such a business is associated with such a transaction or service. We will share your Personal Information with that business only to the extent that it is related to such transaction or service; for example, we may share your school affiliation and location with a Publisher of Publisher Software that you have redeemed Credit for, to allow such Publisher to determine its tax liability in connection with such transaction. Such services may include the ability for you to automatically transmit information you input on the Services to your profile or account on a third party website, or to automatically transmit information you input on a third party website to your Services profile. We have no control over the policies and practices of third party websites (or providers of Publisher Software) as to privacy or anything else, so please review all third party websites' policies before disclosing any Personal Information or other content on the Services or on any third party website (via the automatic transmissions discussed above or otherwise). An Estuary does prohibit Publishers from collecting or using any information beyond what An Estuary itself collects and uses pursuant to its Privacy Policy, but this does not mean we are responsible for reviewing or verifying the accuracy of any Publisher’s data collection or use policies.

Agents
We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Examples include sending email, analyzing data, processing payment, and providing user services. Unless we tell you differently, An Estuary's agents do not have any right to use Personal Information we share with them beyond what is necessary to assist us.

User Profiles
If your User Category allows it, you may choose to populate your user profile on the Services with Personal Information, including, without limitation, your name, photograph, and school affiliation. This user profile information will be displayed to other users to facilitate user interaction within the Services or facilitate interaction with An Estuary. If you are a student, the only users who may view your profile are those who belong to your Limited Access Group(s). However, please keep in mind that information (whether Personal Information or not) or content that you voluntarily disclose online (in “communities,” your Limited Access Groups, to your connections, in comments to our blog, etc.) becomes available to other users and can be collected and used by others, in accordance with the privacy settings you select in your account preferences, or in accordance with the User Category to which you belong. Any images, captions or other content that you submit to the Services in a manner any other user can view may be redistributed through the Internet and other media channels. For example, if you are a student, the content you contribute in your Limited Access Group(s) will be displayed to other members of that Limited Access Group; however, we cannot control what members of your Limited Access Group will do with such content after you have disclosed it. Your name may be displayed to other users when you upload images or videos or send messages through the Services and other users can contact you through messages and comments.

Communication About the Services or in Response to User Requests
As part of the Services, you may receive from An Estuary (depending on your User Category) email or other types of communication relating to your use of the Services or your user profile. You acknowledge and agree that by posting information on the Services or otherwise using the Services, An Estuary and its agents may send you email, contact you or engage in other communication that they determine relate to your profile or use of the Services. If you disclose your email address to An Estuary, depending on your User Category, we may use it to send updates, a newsletter or other news regarding the Services, or to simply send Notifications. If you are a student, An Estuary only uses your email address or phone number to send you Notifications.

Business Transfers
If An Estuary, or some all of its assets were acquired or otherwise transferred, or in the unlikely event that An Estuary goes out of business or enters bankruptcy, user information may be transferred to or acquired by a third party.

Protection of An Estuary and Others
We may release Personal Information when we believe in good faith that release is necessary to comply with the law (such as to comply with a subpoena); enforce or apply our Terms of Service and other agreements; or protect the rights, property, or safety of An Estuary, our employees, our users, or others. We will try to give you notice if we release information for these reasons, but please understand that we reserve the right not to, as it may not be practical, legal, or safe to do so.

Security

Your An Estuary account Personal Information is protected by a password for your privacy and security. We also use coding practices which take steps to prevent attack on our Services from web browsers and malicious scripts, by processing all actions through several permission verifications checks.

You may help protect against unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.

When you enter sensitive information (such as a credit card number) in our Credit purchasing process, we encrypt the transmission of that information using secure socket layer technology (SSL).

An Estuary endeavors to keep your information private; however, we cannot guarantee security. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information. For additional information about the security measures we use in connection with the Services, please contact us at info@anestuary.com.

The Services contain links to other sites. We are not responsible for the privacy policies and/or practices on other sites (but you should read all third parties’ privacy policies to ensure you understand them). This Privacy Policy only governs information collected by An Estuary on the Services.

Opt Out Policy

You can always opt not to disclose information, even though it may be needed to take advantage of certain of our features.

 You may request deletion of your An Estuary account by contacting us at info@anestuary.com. Please note that some unrevised information may remain in our records after revision of such information or deletion of your account, or in cached and archived pages. Some information may remain viewable elsewhere to the extent that it was copied or stored by other users. We may use any aggregated data derived from or incorporating your Personal Information after you delete your information, but not in a manner that would identify you personally.

We will retain your Personal Information for as long as your account is active or as long as needed to provide you the Services; we also may retain and use your information as we deem it necessary to comply with our legal obligations, resolve disputes, and to enforce our agreements.

Policy Changes

We may make changes to this Privacy Policy from time to time for any reason. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected. If we make changes in the way we use Personal Information, we will notify you via email or by posting an announcement on the Services with two (2) weeks prior notice before the change becomes effective. Users are bound by any changes to the Privacy Policy when he or she uses the Services upon the conclusion of such two (2) week notice period. This notice period only applies to changes to the Privacy Policy; you understand that it may not be possible in certain situations to provide advance notice of other changes to the Terms of Service (for example, where a change to the Terms is necessary to comply with legal requirements).

Application Outside the United States

When you use the Services, you are consenting to have your data transferred to and processed in the United States. All of An Estuary’s servers are currently in the United States, and we aren’t able to process your information within the borders of any other country. Given this limitation, if your use of the Services or disclosure of certain information to An Estuary would violate any law that is applicable to you, your right to use the Services and/or disclose such information is revoked, as it is wherever use of the Services is prohibited by law (as described in the Terms of Service).