Last updated: September 11, 2020.
ESGI, LLC (“ESGI,” “we,” “our,” or “us”) values the privacy of individuals who use the ESGI website, mobile application, and related services (collectively, the “Service”). This Privacy Policy (the “Policy”) describes the information we gather from visitors, users, and others who access or use the Service (“Users” or “you”), how we use and disclose such information, and the steps we take to protect such information. By using the Service, you consent to the privacy practices described in this Policy.
This Policy is incorporated into and subject to the ESGI Terms of Use. Capitalized terms used but not defined in this Policy have the meaning given to them in the Terms of Use.
1. Information We Collect
Personal Information
While using the Service, we ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Information”). Personal Information may include your name, email address, mailing address, telephone number, other contact information, information about a subscriber to the Service (such as a school, district, or educational organization, each, a “Subscriber”), and student information. You may provide us with Personal Information when you register for an account, use the Service, make a purchase on the Service, contact customer support, or otherwise communicate with us.
Usage Information
We collect information about how you access and interact with the Service, such as device type, IP address, operating system, browser type, address of a referring website, activity on our website, device ID, access dates and times, and other system activity. We may collect this information by automated means using technologies such as cookies, web beacons, pixels, browser analysis tools, server logs, and mobile identifiers. We may use such usage information to, for example, better understand website traffic patterns and to optimize our Users’ experience. We track Users’ use of the Service, but we do not track users across third-party websites. We do not process or respond to web browsers’ “do not track” signals or other similar transmissions that indicate a request to disable online tracking of Users who visit or use the Service.
Third-Party Cookies
Third parties may also use cookies, web beacons, or other devices to collect information when you use the Service. We do not control any cookies or other data collection tools that may be placed on the Service by a third party, and this Policy does not cover the use of such cookies and/or other data collection tools by any third party. We encourage you to read the privacy policies of such third parties to find out more about the information that may be collected by them and the choices you have regarding the collection, use, and sharing of such information. You may be able to “opt out” of the collection of information through cookies or other tracking technology by actively managing the settings on your browser or mobile device. However, please note that doing so may negatively impact your experience using the Service, as some features may not work properly. Depending on your mobile device and operating system, you may not be able to delete or block all cookies.
2. How We Use Your Information
Provide, Maintain, and Improve the Service
We may use your information to:
Sharing Your Information
We only share Personal Information in a few limited circumstances as set forth below. We do not rent or sell information for marketing purposes, and we will never share or sell Personal Information of students (“Student Data”) with third parties for marketing purposes. If you use the Service, you are authorizing us to share information:
Links to Third-Party Sites and Services
The Service may contain links to other websites. We exercise commercially reasonable efforts to only link to the websites and services of reputable third parties who post a privacy policy governing their processing of Personal Information that aligns with this Policy. However, we are not responsible for the practices employed by websites or services linked to or from the Service, nor the information or content provided to or contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy does not apply to those third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our Service, are subject to that third party’s rules and policies. Please read those rules and policies before proceeding.
3. How We Protect Your Information
We take measures designed to protect your information in an effort to prevent loss, misuse, unauthorized access, disclosure, alteration, and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. To protect the confidentiality of information maintained in your account, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of the Service by any person using your password. Please advise us immediately if you believe your password has been misused. If there is any disclosure or access to any Student Data by an unauthorized party, we will promptly notify the affected Subscriber and will use reasonable efforts to cooperate with their investigation of the incident.
4. Legal Compliance and Privacy Rights
Legal Compliance
We comply with the following laws concerning the protection of Student Data, including educational records: Family Educational Rights and Privacy Act (“FERPA”), Children’s Online Privacy Protection Act (“COPPA”), Protection of Pupil Rights Amendment, and Student Online Personal Information Protection Act. We will be considered a School Official as that term is used in FERPA. As to COPPA or any state law requiring consent or authorization from a parent or guardian for Student Data collection or use, the parent, guardian, teacher, or Subscriber is responsible for fulfilling any applicable consent requirement.
CCPA
California law requires us to disclose certain information regarding the categories of personal information we collect. For purposes of this Section, “personal information” has the meaning provided by the California Consumer Privacy Act (the “CCPA”) and does not include information that is publicly available, deidentified, or aggregated, or that is excluded from the CCPA’s scope, such as personal information covered by certain sector-specific privacy laws. Under the CCPA, we collect, retain, use, and disclose Student Data as a service provider to our customers. For information about our practices with regard to Student Data or any other personal information we process as a service provider, please see the Section “How We Use Your Information.” If you have a question or would like to exercise your California consumer rights to knowledge, access, or deletion, please contact your Subscriber directly.
We collect personal information from and about you for a variety of purposes. For example, we use personal information to respond to your requests, engage with you as a customer, and provide our Service to you; to monitor, improve, and develop the Service; to protect the security and integrity of our business; comply with legal requirements and obligations; for our business and operational purposes; and as otherwise permitted or required by law. The type of personal information we collect will depend on how you engage with us (e.g., as a customer or potential customer or as a website visitor). We collect information directly from you, from our business partners and affiliates, from your browser or device when you visit our website, or from third parties that you permit to share information with us. We collect the following categories of personal information:
We share personal information with third parties for business purposes. The categories of third parties to whom we disclose your personal information may include our service providers and advisors, vendors who assist us with marketing and advertising our services, analytics providers, and third parties with your consent or direction or with whom you interact through the Service. When we disclose your personal information to our service providers, vendors, or other third parties that process the information on our behalf, we have entered into a written contract with them to protect your personal information, and we will remain liable for any breach of this Policy that is caused by the acts or omissions of our service providers. We do not sell your personal information for monetary or other valuable consideration.
As a California resident, you may be able to exercise the following rights upon verification of your identity:
However, please note that if the exercise of these rights limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you the Service or engage with you in the same manner. To request to exercise your rights under the CCPA, please contact us at support@esgisoftware.com.
NY Parents’ Bill of Rights
The New York Parents’ Bill of Rights for Data Privacy and Security (the “Privacy Bill of Rights”) addresses the relationship between schools and their third-party contractors, in addition to the schools’ relationships with parents. The only elements of the Privacy Bill of Rights that are incorporated herein are those provisions directed to third-party contractors (“Contractor Privacy Provisions”). We agree to comply with the Contractor Privacy Provisions for schools in the state of New York. In the event of a direct conflict between this Policy and the Contractor Privacy Provisions, the Contractor Privacy Provisions will control. The full extent of the Privacy Bill of Rights is available at http://www.nysed.gov/data-privacy-security/bill-rights-data-privacy-and-security-parents-bill-rights.
International Privacy Rights
Any information collected through the Service is stored and processed in the United States. If you use our Service outside of the United States, you consent to have your data transferred to the United States. We are committed to protecting the privacy and confidentiality of Personally Identifiable Information when it is transferred. If you reside or are located within the EU, Switzerland, or the UK and such transfers occur, we take appropriate steps in an effort to provide the same level of protection for the processing carried out in any such countries as you would have within the EU, Switzerland, or the UK to the extent feasible under applicable law.
5. Children’s Privacy
We do not knowingly collect any information from children under the age of 16 unless and until Subscriber has obtained appropriate parental consent for the student to use the Service. Please contact us at support@esgisoftware.com if you believe we have inadvertently collected Personal Information of a child under 16 without proper consent so that we may delete such data as soon as possible.
6. Your Choices and Opting Out
Student Data is provided and controlled by Subscriber. If you have any questions about reviewing, modifying, or deleting Student Data, please contact Subscriber directly. Following termination or deactivation of your account, we may retain profile information and content for a commercially reasonable time for backup, archival, or audit purposes, but any and all Student Data associated with the account will be promptly deleted. You may “opt out” of receiving marketing or promotional emails from us by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as emails about your account or our ongoing business relations.
7. Changes and Updates to the Policy
We reserve the right to change the provisions of this Policy at any time, in which case we will notify you through the Service and ask for your consent to any material changes. Please revisit this page periodically to stay aware of any changes as well. Your acceptance of the new Policy and continued use of the Service indicates that you have read, understood, and agreed to the updated version of this Policy.
8. Contact
Please contact us with any questions regarding this Policy at support@esgisoftware.com.