Student Data Privacy Statement

The MyOpenMath Service may be used by schools, school districts, or teachers (collectively referred to as “Schools”) in a classroom setting. When a School uses the Service with students in the classroom (“Students”), we may have access to Student Data. “Student Data” is any information that is directly related to an identifiable current or former student that is maintained by a school, school district, or related entity or organization, or by us. Student Data may include “educational records” as defined in the Family Educational Rights and Privacy Act (“FERPA”). We consider Student Data to be highly confidential.

Our collection and use of Student Data through MyOpenMath Services are governed by federal and state law and by our contract with Schools, if one exists. This MyOpenMath Student Data Privacy Statement explains how we use and share Student Data we may collect through MyOpenMath Services. If you have questions about specific practices relating to Student Data provided to MyOpenMath by a School, please direct your questions to your School.

The MyOpenMath Pledge

The privacy of personally identifiable student information is very important to us. We are honored that our School customers choose MyOpenMath as a trusted educational service provider and we strive to live by high data privacy and security standards. When we have access to the personal information of students, we commit to the following data privacy principles:

• MyOpenMath collects, stores, processes, and shares Student Data only for the purposes of providing our Service, or as authorized by a school or the student/parent.
• MyOpenMath does not use or share Student Data or content for marketing or advertising purposes, except with explicit school consent.
• MyOpenMath does not sell Student Data.
• MyOpenMath does not use or disclose Student Data for targeted advertising purposes.
• MyOpenMath will maintain a comprehensive data security program designed to protect the types of Student Data maintained by MyOpenMath.
• MyOpenMath will not knowingly retain Student Data beyond the time period required to support the school’s purpose, unless authorized by the parent/student.
• MyOpenMath will delete or de-identify Student Data at the direction or request of the school.
• MyOpenMath will clearly and transparently disclose our data policies and practices.
• MyOpenMath will not make any material changes to our Privacy Policy or Terms of Service that relate to the collection or use of Student Data without first giving notice to the school or user and providing a choice before the Student Data is used in a materially different manner than was disclosed when the information was collected.

If you have any questions, please contact us at [email protected]

What Student Data do we collect?

MyOpenMath provides the Service to Schools to improve classroom instruction and student learning outcomes. Through the provision of this Service to a School, we may collect or have access to Student Data that is provided by the School or by the student. The type of information we collect will depend on how the School uses the Service, but could include the student’s first and last name, email address, class assignment data, scores on online and in-class assignments, and other classroom content. To use the Service, the Student will need to register for a MyOpenMath account by providing some personal information or by accessing MyOpenMath through a Learning Management System connection set up by the School.

We consider Student Data to be highly confidential and use this data solely to provide our Services to the School, and in limited ways, for our internal purposes in accordance with our Terms of Service or specific agreements with Schools. Our collection, use, and disclosure of Student Data is governed by our Terms of Service and/or any other agreement with the School, in the U.S. by the provisions of the Family Educational Rights and Privacy Act (FERPA), and applicable privacy laws relating to the collection and use of personal information of students. If you have any questions about our collection and use of Student Data, please contact us at [email protected]. If you have any questions about reviewing, modifying, or deleting the personal information of a student, please contact your School directly.

How do we use Student Data?

We use Student Data to provide the MyOpenMath Services to the School and for other limited purposes permitted by our agreements with the Schools, such as to evaluate, improve, and develop our products, applications, and services. All Student Data that we collect or have access to is owned and controlled by the Schools. We do not use Student Data for marketing purposes or to engage in targeted advertising.

Do we share Student Data with third parties?

MyOpenMath only shares Student Data in a few limited circumstances, as described below.

We may share Student Data in the following ways:

• As needed to perform the MyOpenMath Services and/or at the direction of a School and as authorized by our contract with the School. For example, information including Student Data, will be shared between and among authorized School users, such as teachers and administrators. Schools may also be able to facilitate data sharing with other authorized third parties, such as sharing scores back to the School's Learning Management System. This sharing will depend on the settings and functionality selected by the School.
• With our trusted vendors, third party service providers and other individuals who perform services on our behalf, but only if such providers have a need to access such information for the purpose of carrying out their work for us and do so under strict confidentiality and data security terms.
• We may share aggregate or anonymized data (including personal data that has been stripped of personally identifying characteristics) with third parties, but will do so only in such a way that no individual may reasonably be identified.
• We may be required to share information with law enforcement or other third parties when compelled to do so by court order or other legal process, to comply with statutes or regulations, to enforce our Terms of Use, or if we believe in good faith that the disclosure is necessary to protect the rights, property or personal safety of our visitors.
• In the event of a change of control: If we sell, divest or transfer the business or a portion of our business, we will not transfer Student personal information without first giving you the ability to opt-out of the transfer by deleting your account, unless the new owner intends to maintain and provide the Service as a going concern, and provided that the new owner has agreed to data privacy standards no less stringent than our own. We may also transfer personal information – under the same conditions – in the course of mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of our business.

How do we use anonymized data?

We may use data which has been de-identified and/or aggregated for product development, research analytics, and other purposes, including for the purpose of analyzing, improving, or marketing the Applications and MyOpenMath Services. If MyOpenMath publicly discloses or shares with third parties (e.g., in marketing materials, published research, analytics, or in application development) information that is derived from Student Data, such data will be aggregated and/or anonymized to reasonably avoid identification of a specific School or individual.

Questions about access or deletion of data

You may access, update, or correct Student Data by logging into your account. Parents may request to access, correct, and update a student’s personal information, but these requests may require the School’s authorization to update or delete information contained in active School accounts, and such requests should be directed to the School. If you have any questions about reviewing, modifying, or deleting personal information of a student, please contact your School directly.

Children's Data

Our Service is not directed to children under 13 unless and until a School has provided appropriate consent and authorization for a student under 13 to use the Services and for MyOpenMath to collect information from such student. MyOpenMath relies on each School to obtain and provide appropriate consent and disclosures, if necessary, to collect any student information directly from students, as permitted by the Children’s Online Privacy Protection Act (COPPA).

Privacy Policy Changes with respect to Student Data

Because we continue to develop the MyOpenMath Service and take advantage of technologies to improve the Services we provide, our policies will change over time. We will note the effective date of the policy at the bottom of this page, and you should review this page periodically for any changes. We will use our best efforts to provide each School at least 30 days-notice of a Privacy Policy change that may involve collecting, using, storing, or sharing Student Data in a materially different manner than was disclosed in our previous Privacy Policy, so that the School has sufficient time to evaluate the change in practice. If you do not choose to accept the changes, you may opt-out by deleting your account before the changes take effect.

You can sign up to receive notices of upcoming changes to this and other policies by joining our Notices Google Group. This document was last modified on December 22, 2019.