YOUR PRIVACY RIGHTS

Effective Date: This Privacy Policy is effective and was last updated as of May 1st, 2018.

Welcome to the Winward Academy website located at www.winwardacademy.com (such website, together with any successor website thereof, and any other websites of Winward or its affiliates shall be referred to as the “Site”). Your privacy is of utmost importance to us. The success of our business is based on our ability to maintain your trust and the trust of our other users. Because we collect certain types of information about the users of our Site and the software and services offered thereon, we feel you should fully understand the conditions of our online collection, use, and disclosure of your information and how you can correct or make changes to such information. For purposes of this Privacy Statement, the terms “we,” “us,” “our,” and “Winward,” refer to Winward Academy, LLC. “You” refers to you, as a user of this Site. Please note that this Privacy Policy solely applies to information we collect on or through the Site (including via online access to our Winward Academy cloud service offering) and does not apply to information we may have collected through other means.

By using this Site or any of the software or services offered thereon, you consent to the terms of our Privacy Policy as described herein. If you do not consent to the terms of our Privacy Policy you do not have the right to access or use this Site nor any of the software or services offered thereon. If you have any questions regarding this Privacy Policy, or our information collection and use practices, please contact us via any of the means set forth at the bottom of this Privacy Policy.

I. Information We Collect and How We Use It

1. Information You Provide

(a) Registration Information.

To submit orders through our Site or to access and receive certain services available through our Site, including the Winward Academy Cloud Service, you may need to create an account for our Site (“User Account”). In connection with such registration, you may be asked to provide certain personal information, such as (i) name, e-mail address, birthday, gender, classroom, school or district name and/or employment title (ii) a username and password that will be associated with your user account, and (iii) for on- line purchases, your billing and credit card information and (iv) certain other personally identifiable information about your administrators, students and teachers (collectively, “Personal Information”).

The Personal Information we collect when you register for a User Account may be used by Winward as follows: (i) in connection with providing you with any requested product or service, (ii) for our internal tracking or research purposes, (iii) with respect to order placement (including, without limitation, to provide you with automated order status updates via e-mail), (iv) for information correction purposes, (v) for our internal records, (vi) to contact you to respond to your questions or requests or to provide you with technical support, (vii) to provide you with information regarding changes to the Site which may affect your User Account, your use of the Site, and/or the products and services available through the Site, and (viii) to inform you of any product or promotional offers we may have.

It is important that you protect and maintain the security of your User Account and that you immediately notify us of any unauthorized use of your User Account. Please see Section VIII below for further details regarding our security measures and procedures.

(b) Financial Information

If you place any orders for products or services available through the Store, during the ordering process you will be required to provide financial information, such as your credit card number and expiration date. This information is used for billing purposes and to fulfill your order.

2. Information We Collect Automatically

We may use a technology referred to as “cookies” (or other similar technology now existing or hereafter developed), which are pieces of data on your computer tied to information about you. We use cookies to: (i) customize certain Site content; (ii) customize your Site visitation experience and access; (iii) notify you of certain promotions, products and services that we believe may be of interest to you; and (iv) for any other purposes permitted under applicable law from time to time.

If you choose to reject the cookie, you can still browse our Site, but you may be unable to buy products from us through the Store or access certain services, programs, features and functionality available on the Site. We will link data stored in cookies to the Personal Information you submitted while on our Site. This allows us to personalize user Site preferences.

We also collect information about you and your use of the Site that is transferred to us by your browser and/or by cookies when you access our Site and/or our online services. These datasets will not contain your name or contact details such as address, email address, or phone number. Like most standard website servers, we use log files to collect this information, including internet protocol (IP) addresses, browser types, internet service providers (ISPs), referring/exit pages, platform types, date/time stamps, and the number of clicks. We use this information for various purposes, such as to analyze trends, improve our products and services (including the Site), administer the Site and our online services, track user movement in the aggregate, customize the user experience and gather broad demographic information for aggregate use.

3. Sharing of Personal Information with Third Parties

We will not share your Personal Information with third parties other than as provided in this Privacy Policy. We do not allow third parties to collect information about you and your online activities from our Site. We may share your Personal Information and any data which you upload to our Site (“Uploaded Data”) with third parties solely in one or more of the following ways:

(a) Third Party Service Providers

We may contract with third party companies to perform services on our behalf. These services may include, but are not limited to, hosting services, data storage, backup and disaster recovery, help desk and customer service, order fulfillment, marketing assistance, postal and e-mail delivery, data analysis, and credit processing. The third parties we contract with for the provision of these services will be permitted to obtain only such Personal Information as they require to deliver the services. Further, such third parties are required to maintain the confidentiality of the information disclosed to them consistent with this Privacy Policy, and are prohibited from using Personal Information disclosed for any purpose other than as required for their provision of the applicable services to Winward.

(b) Safety, Security and Compliance with Law

We may disclose any information, including Personal Information, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request, to enforce our rights (including under our Winward Academy Cloud Service Subscription Agreement which can be found clicking the Terms & Conditions link in the footer at at https://www.winwardacademy.com) or to protect the safety and security of our Site, our online services or other users. We may also exchange information, including Personal Information, with other companies and organizations for credit fraud protection and risk reduction.

(c) Business Transitions

In the event Winward undergoes a business transition, such as a merger, acquisition by another company, dissolution, or sale of all or a portion of its assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, we may transfer your Personal Information to the successor organization. If such successor organization is not an affiliate of Winward, Winward will attempt to notify you via email and will post a notice on the Site before your Personal Information is transferred to a successor organization. If the successor organization intends to use or disclose your Personal Information collected by Winward in a manner materially inconsistent with this Privacy Policy, your Personal Information will not be transferred to such successor organization unless you have first agreed to such alternative use and/or disclosure (e.g. by accepting the terms of the successor organization’s privacy policy).

4. Sharing Aggregate Information

We may share your information in an aggregate form with third parties. For example, we may share information about your use of our Site, or may combine information about the nature or frequency of your transactions with similar information about other people and share the aggregated information for statistical analysis and other business purposes. These datasets will not contain your name or other Personal Information.

III. PUBLIC COMMUNICATIONS FEATURES

From time to time you may be able to participate in certain activities on the Site, such as uploading data and/or distributing messages or reports which give you the opportunity to communicate or share information not just with Winward but with other parents, teachers or administrators within your school or district (altogether, “Public Communications Features”). Be aware that when you volunteer information in the course of your participation in our Public Communications Features, you are also agreeing to allow certain aspects of your Personal Information to be made available to certain third parties. This includes any Personal Information or images that you include in any upload or posting by you when using such Public Communications Features. You acknowledge and agree that Winward does not review, censor, or in any manner control the content of these Public Communications Features. Consequently, Winward has no liability or responsibility for information made available through these Public Communications Features and you will be liable to Winward for any liability that we incur as a result of any information submitted by you in or through the Public Communications Features.

IV. CHILDREN AND THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT

This site is not intended to be accessed by children under the age of 13, and we do not knowingly collect information from such children. Children under the age of 13 should not use our Site or our online services at any time. In the event that we learn that we have inadvertently gathered information directly from children under the age of 13, we will use reasonable efforts to erase such information from our records. If you are the parent or legal guardian of someone under the age of 13 who may have provided us with information without your knowledge or consent, please contact us to have this information removed.

Winward hereby agrees to comply with the Family Educational Rights and Privacy Act of 1974, and all requirements imposed by or pursuant to regulation of the Department of Education. Without limiting the foregoing, Winward agrees that (i) no identification of students or their parents to persons other than representatives of Winward is permitted; (ii) all Personal Information of any students will be destroyed when no longer needed for the purpose for which it was obtained; (iii) no access to Personal Information of any student shall be granted by Winward to any other person, persons, agency or organization without the written consent of the pupil’s parent or legal guardian, except for sharing with other persons within the district or representatives of Winward.

VI. PRIVACY POLICIES OF LINKED SITES AND ADVERTISERS

Our Site may contain links to other sites which offer additional services such as professional development training videos and courses. These other sites may not have privacy policies or may have privacy policies that differ from our Privacy Policy. We are not responsible for the privacy practices or the content of such sites. If you have any questions about how these other sites use your information, you should contact them directly.

VII. CUSTOMER DATA

If you have a subscription and have been authorized to use certain services made available through our Site, such as the Winward Academy Cloud Services, you may electronically submit Uploaded Data to the Site for hosting and processing purposes. Winward will not review, share, distribute, or reference any such Uploaded Data except as provided in the applicable subscription agreement, or as may be required by law. In accordance with the applicable subscription agreement, Winward may access Uploaded Data only for the purpose of providing the services set forth in the applicable subscription agreement, preventing or addressing service or technical problems, at a Customer’s request in connection with customer support matters, or as may be required by law.

VIII. SECURITY

Winward implements reasonable security measures to protect your information and reduce the risks of loss, misuse, unauthorized access, disclosure and alteration, including through the use of encryption technology and limiting who has access to information.

Notwithstanding anything contained in this Section VIII, while we take reasonable precautions against possible security breaches of the Site and our customer databases and records, no website or Internet transmission is completely secure. Consequently, Winward cannot and does not guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. We urge you to take steps to keep your Personal Information safe (including your User Account password), log out of your User Account after use, and close your web browser.

IX. CORRECTION/UPDATING/REVIEWING PERSONAL INFORMATION

You may contact us at help@winwardacademy.com and request to review, amend or delete your Personal Information collected by us, and/or request us to cease collecting Personal Information from you in the future.

X. OPT-OUT

If you do not want to receive special offers, marketing communications, newsletters or other promotional communications (“Marketing Communications”) from Winward, you may opt-out of future Marketing Communications by following the steps described in each such Marketing Communication, and/or you may send e-mails to help@winwardacademy.com with a request to cease receipt of such Marketing Communications. Please note that once we receive your request, it make take an additional period of time for such opt-out to become effective. Also note that if you opt-out of our Marketing Communications, we may still email or communicate with you from time to time if we need to provide you with information or request information from you with respect to a transaction initiated by you, a product or service you have purchased or are participating in, or for other legitimate non-marketing reasons.

XI. NOTIFICATION OF CHANGES

We reserve the right to change our Privacy Policy at any time. In the event we decide to make material changes to our Privacy Policy, we will attempt to notify you and other users of the Site by sending a notice to the primary email address provided to us and/or by placing a notice on our Site. You should periodically check the Site for such notices.

XII. CONTACT US

If you have any questions, comments or concerns regarding our Privacy Policy and/or practices, please send an email to: help@winwardacademy.com

Winward Academy, LLC 12670 High Bluff Drive, San Diego, CA 92130