Protecting your personal information is important to us
Effective May 25, 2018
Our Commitment to Your Privacy
This Policy covers Membean' treatment of personally identifiable information that may be collected while you are on the Membean websites, including www.membean.com as well as any other websites owned by Membean which link to this Policy ("Website(s)"). This Policy applies to the following category of individuals when using any products orservices (together "Services") offered by Membean:
- Website Visitors: Individual users who visit our Websites and who may opt to provide an email address to receive communications from Membean.
- Event Attendees: Individuals who provide their information to Membean or its representatives when they attend or register to attend events hosted, sponsored or visited by Membean.
- Customers: Those registered on their own or on behalf of an entity or organization to use and facilitate Membean Services, including account administrators.
- Users: Individuals, such as teachers and students who have a registered account for the Websites, and whose information we process in order to provide Service to our Customers.
This Policy does not apply to the practices of companies not owned or controlled by Membean or to people whom Membean does not employ or manage, nor does it address non-personally identifiable information. The Policy specifically addresses the following areas:
- What personally identifiable information is collected by Membean or by any third party through our site and/or via our products or services;
- How and why Membean uses this information;
- With whom Membean may share this information;
- What choices are available to you as a user of the Website and/or Services with respect to collection, use and distribution of the information;
- What types of security procedures are in place to protect the loss, misuse or alteration of information under our control; and
- How you can correct any inaccuracies in the information.
Information You Share
- Name, email address and other contact information: We ask for and collect personal information - at your discretion - when you submit web forms on our Websites, including opportunities to attend Membean sponsored events, to sign up for newsletters, to set up demos and pilots, to request customer support, to sign up to participate in a promotion, sweepstake or survey, or otherwise to communicate with us.
- Account Information: You may also optionally provide us with payment information if you decide to continue with a paid subscription to our Service. When we collect your payment information we will ask for your billing address, although we do not store full credit card numbers.
Information We Receive
- Log Files: We receive and log information when you interact with our Services, such as visiting the Websites, signing into your account or interacting with email notifications. Log data may include IP address, browser type, platform type, internet service provider (ISP), referring/exit pages, user identifiers, session identifiers, date/time stamp. We use this information for operating and improving our Services and to ensure secure, reliable and robust performance. For example, we use Log data to troubleshoot network issues, investigate application errors and ensure service integrity.
- Profile: In order to provide personalized learning and progress assessments, we create a profile detailing usage and interactions. This profile is used solely for internal purposes and to help us improve the Services. We do not share your profile with any third parties.
- Affiliation: We may receive information about you from our business partners, including your email address and organizational role. We follow all applicable use and consent guidelines regarding the use of this information.
- Facilitation: Your school, school district, parent or legal guardian (each, an "Account Creator") may provide information about you to facilitate evaluation and onboarding of the Service at your organization. This may include name, address, school or school district information, email address, student names and school identification numbers ("Student Information").
Personal Information of Children
Membean complies with the requirements of the Children's Online Privacy Protection Act (COPPA) and the FTC's Rule interpreting COPPA (16 CFR § 512) and the EU's General Data Protection Regulation ("GDPR").
If you are located in the United States and are under the age of thirteen (13) you must have your parent's or legal guardian's approval prior to posting any content on the Website. This is either obtained through your school or school district administrator or directly from your parents or legal guardian.
If you are located outside the United States and are under the age of sixteen (16), depending on your location, you may need to obtain your parent's or legal guardian's approval prior to posting any content on the Website or otherwise using the Services.
Membean collects limited personal information from students, including the Student Information described above ("Children's Personal Information"), but only where that student's school, school district, parent and/or legal guardian has contracted with Membean to collect Children's Personal Information from students for the use and benefit of the learning environment. Membean requires schools and school districts to obtain consent from students' parents and/or legal guardians before collecting any such Children's Personal Information.
If you are a student, please do not send any Children's Personal Information about yourself to us, other than what we request from you when you sign up for Membean Services. In the event that we learn that we have collected Children's Personal Information from a student without parental consent being obtained, or if we learn a student has provided us Children's Personal Information beyond what we request when he or she signs up for Membean Services, we will delete that information as quickly as possible.
If you believe that a student may have provided us Children's Personal Information beyond what is requested when signing up for Membean Services, or that parental consent has not obtained, please contact us.
Use of Your Personal Information
Our primary goal in collecting information from you is to provide you with a smooth, efficient and customized experience while using our Website and to allow us to provide Services to you. We retain your personal data for a limited time and only to the extent necessary for making the Services available to you. Membean will never give your information to, or share your information with, any third party except as detailed below.
Membean will send personally identifiable information about you to other companies or people when:
- We have your consent, including, if you are under 13 (or 16, if applicable), the consent of your parent or legal guardian, to share the information;
- We need to share your information to provide the Services you have requested;
- We need to send the information to companies who work on behalf of Membean to provide a Service to you. (Unless we tell you differently, these companies do not have any right to use the personally identifiable information we provide to them beyond what is necessary to assist us); or
- We respond to subpoenas, court orders, or legal process or find that your actions violate the Membean Terms of Service or any of our usage guidelines for specific Services.
Legal Basis for Processing Information
If you are located in the European Economic Area ("EEA"), we will collect and process personal information from you only where: (a) we have your consent to do so, (b) where we need your personal information to perform a contract with you, or (c) where your organization has provided your personal information to facilitate the performance of a contract with your organization. Membean will not be able to provide the Service to you or our organization if you or your organization do not provide the requested information.
International Information Transfers
Membean is a U.S.-based company, providing Services globally. We store your information in the United States. If you are in the European Economic Area (EEA), we may transfer your information to the United States in order to provide you the Services. If you are accessing or using our Website or Services or otherwise providing information to us, you are agreeing to our Terms of Service and the transfer of your personal information to the United States. If you are located in the EEA, to the extent Membean is deemed to transfer your information to the United States, we rely separately, alternatively, and independently on the following legal bases to transfer your information:
- EU Model Clauses: The European Commission has adopted standard contractual clauses, or model clauses ("EU Model Clauses"), which provide safeguards for personal information transferred outside the EEA. We incorporate the EU Model Clauses into our Terms of Service, if applicable. You may request a copy of the EU Model Clauses by contacting us.
- EU-US Privacy Shield Framework: The privacy shield program ("Privacy Shield") provides companies a mechanism with which to comply with data protection requirements when transferring personal information from the EEA to the United States. Membean is in the process of obtaining Privacy Shield certification at this time, which means Membean shall comply with the EU-US Privacy Shield as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from the EEA. For more information, see Membean's Privacy Shield Policy
Sharing Information with Third Parties
- Service Providers: We engage other companies to help us perform functions and provide services ("Service Providers"). For example, Service Providers help us host Website content, operate our Services, monitor our performance, provide customer support, process credit card payments, manage and contact our customers, follow up on sales leads and enquiries and otherwise improve our Services. These Service Providers may only process personal information subject to our instructions and in compliance with this Policy, as well as obligations consistent with applicable confidentiality and security measures and regulations, including the GDPR.
- Business Transitions: We may share your information in the event that Membean goes through a business transition, such as a merger, acquisition by another company, or sale of a portion of its assets, as our customers' personal information may be part of the assets transferred. Customers will be notified via prominent notice on our Website prior to a change of ownership or control of their personal information. If, as a result of the business transaction, your personally identifiable information will be used in a manner materially different from that stated at the time of collection, you will be given a choice consistent with our Notification of Changes section.
- Required by Law: We will disclose personal information when required by law, or if we have good-faith belief that such action is necessary to (a) comply with current judicial proceedings, a court order or legal process served on us, (b) protect and defend our rights, or (c) protect the rights, property, and other interests of our users or others.
Access to Children's Personal Information
Notwithstanding anything to the contrary, if you are a student accessing and using Membean Services, you understand that your (i) parent and/or legal guardian, (ii) teachers and (iii) school and school district administrators can view all information within or associated with your Membean account, including without limitation messages between you and your teacher and grades you received on assignments.
This Website may contain links to and portions of other sites. Membean is not responsible for the privacy practices or content of these other sites. When you leave our Website or view a portion of a third party’s site through our Website, we encourage you to read the privacy statements of each such site. This privacy statement applies solely to information collected by Membean.
Wherever your personal information may be held within Membean or on its behalf, we intend to take commercially reasonable and appropriate steps to protect the personal information that you share with us from unauthorized access or disclosure. However, given the nature of the Internet and the fact that network security measures are not infallible, we cannot guarantee the security of your information. We use encryption to protect sensitive information online. The servers that store your personally identifiable information are housed in a secure environment. Finally, we also make an effort to protect your information off-line.
When registering for access to a secure area of the Website, we may ask you to select a username and password. We recommend that you do not divulge your password to anyone. We will never ask you for your password in an unsolicited phone call or in an unsolicited email. Also, remember to sign out of the registered Website and close your browser window when you have finished your work. This is to ensure that others cannot access your personal information and correspondence when accessing your computer.
Correcting, Updating, Deleting and Deactivating Information
If your personally identifiable information changes, you may contact us to correct, update or delete and deactivate our record of your personally identifiable information. Parents and/or legal guardians may access your child’s information to correct, update, request deletion or further collection and use of their information, including Children’s Personal Information, by contacting us at the email address provided below or by contacting their school or school district administrator.
All email communications sent by Membean include an "unsubscribe" link located at the bottom of such emails. Additionally, you may manage your preferences through account settings via the Website.
Data Subject Rights
If you are located in the EEA, you may also have certain additional rights with respect to your information, including (i) data access and portability, (ii) data correction, (iii) data deletion, and (iv) the right to withdraw your consent or object to the processing of your information. You may send us any subject access requests ("SAR") to email@example.com and we will respond with thirty (30) days. For any SAR, we will need to verify requestor inquiry before providing assistance. Where applicable, we may also need to discuss the SAR with administrators at the school or the organization which has contracted Membean.
Notification of Changes
Membean may edit this Policy from time to time. If we make any substantial changes, we will prominently post a notice on the main page and other pages to alert you of the change.
If you have any questions or concerns, please contact us at the below information. Note that if you are located in the EEA, you may also file a complaint with your local data protection regulator.
10940 SW Barnes Road #233
Portland, OR 97225