Nearpod and the California Consumer Privacy Act (CCPA)

California Consumer Privacy Act (CCPA) Supplement:

I. Your Rights.

California residents have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other California and Federal privacy and data protection laws, as applicable, to exercise free of charge:

a. Disclosure of Personal Information We Collect About You. You have the right to know:

1. The categories of personal information we have collected about you; This information can be found in 3(b)(i) below. 
2. The categories of sources from which the personal information is collected; This information can be found in Section 3(b)(i) below. 
3. Our business or commercial purpose for collecting or selling personal information; This information can be found in 3(b)(iii) below. 
4. The categories of third parties with whom we share personal information; This information can be found in 3(b)(iv) below.
5. Please note that we are not required to:

a. Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;

b. Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or

c. Provide the personal information to you more than twice in a 12-month period.

b. Disclosure of Personal Information Sold or Used for a Business Purpose. We do not sell your personal information. 

c. Right to Deletion. Subject to certain exceptions set out below, we will:

1. Delete your personal information from our records; and

a. Complete the transaction for which the personal information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;

b. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;

i. Debug to identify and repair errors that impair existing intended functionality;

ii. Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;

iii. Comply with the California Electronic Communications Privacy Act;

iv. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;

v. Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;

vi. Comply with an existing legal obligation; or

vii. Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

viii. Direct any service providers to delete your personal information from their records. Please note that in order to request deletion of your personal information, you must make your request from the email associated with your Nearpod account. 

ix. Please note that we may not delete your personal information if it is necessary to:

d. Protection Against Discrimination. You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. Nearpod does not differentiate how we treat our users whether they exercise their rights under the CCPA. This means we do not, among other things:

1. Deny goods or services to you;
2. Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
3. Provide a different level or quality of goods or services to you; or
4. Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

II. Disclosure of Personal Information Collected

a. Information We Collect About You. We may collect and use the following categories of personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household:

Categories of Personal Information that we collect:	Description of Category
Identifiers	Identifiers include, but are not limited to, a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, or account name
Customer Records	Personal information as defined in California civil Code §1798.80, such as: Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, physical characteristics or description, address, telephone number, education, employment, employment history, bank account number, credit card number, and debit card number.
Commercial information	records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Internet or other electronic network activity information	browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement
Geolocation Data	Information about the geographic location from where a user accessed this site.
Sensory Data	Audio, electronic, visual, thermal, olfactory, or similar information
Professional or employment-related information	Current or past job history
Education information	defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (FERPA)
Inferences Drawn from Other Personal Information	Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes

b. How Your Personal Information is Collected. We collect most of this personal information directly from you in person, by telephone or email and/or via our website and apps. However, we may also collect information:

1. from publicly accessible sources (e.g., school websites);
2. from a third party with your consent (e.g., your bank, LMS and SSO);
3. from cookies and pixels on our website; and
4. via our IT systems, including: communications systems, email and instant messaging systems.

c. Why We Use Your Personal Information. We use your personal information for the following reasons:

1. Providing access and services of the Nearpod Materials; 
2. Marketing to Educator Nearpod Users (Nearpod does NOT market to students)
3. Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards;
4. Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
5. Debugging to identify and repair errors that impair existing intended functionality;
6. Short-term, transient use, provided the personal information that is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer’s experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction;
7. Performing services on behalf of the business or service provider, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider;
8. Undertaking internal research for technological development and demonstration; and
9. Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.

d. Who We Share Your Personal Information With. We routinely share personal information with:

1. our affiliates, including companies within the Nearpod group;
2. service providers we use to help deliver our services to you, such as payment service providers, warehouses and delivery companies;
3. other third parties we use to help us run our business, such as customer relationship managers or website hosts;
4. third parties approved by you, including social media sites you choose to link your account to or third-party payment providers;
5. our insurers and brokers; and
6. our banks.

e. How to Exercise Your Rights. If you would like to exercise any of your rights as described in this Privacy Policy, please email us at [e-mail]. Please note that you may only make a data access or data portability disclosure request twice within a 12-month period.

f. Nearpod does not sell, lease, or rent your data to any third-party.

Posted Date: 11/19/20

Effective Date: 1/3/21

3 For purposes of further clarification, the Description of Category of Personal Information collected are for illustrative purposes only of the type of data that falls under that category; however, it does not mean that Nearpod collects that data. For more information of the specific data collected by Nearpod about You, please email: [e-mail].