Previous version: Nearpod and the California Consumer Privacy Act (CCPA) (November 2020)

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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. 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. 

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

i. 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;

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

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

iv. 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;

v. Comply with the California Electronic Communications Privacy Act;

vi. 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;

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

viii. Comply with an existing legal obligation; or

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

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 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	Specific Types of Personal Information Collected
Identifiers (e.g., a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers	For Educator Nearpod Users: First and Last Name, Email Address, IP Address  For Student Nearpod Users:  First name and first initial of last name OR Nickname, IP Address
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, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information	For Educator Nearpod Users: First and Last Name, District of employment and School assignment, title/position (e.g. admin or teacher);   [If you are the account administrator]: Address where to send Invoices, Telephone number; and  [If using a paid account]: to the extent applicable, the name and last four digits of the credit/debit card used to pay for the services. For Student Nearpod Users:  First name and first initial of last name
Commercial information (e.g., records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies)	For Educator Nearpod Users: Prior Nearpod Materials purchases and/or prior Flocabulary purchases  For Student Nearpod Users:  N/A
Internet or other electronic network activity information (e.g., browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement)	For Educator Nearpod Users: Click-stream data, IP address For Student Nearpod Users:  User-generated content
Audio, electronic, visual, thermal, olfactory, or similar information	For Educator Nearpod Users: To the extent the feature is used, voice recording. For Student Nearpod Users:  To the extent enabled by the Educator Nearpod User: student voice recording.
Professional or employment-related information	For Educator Nearpod Users: District of employment and School assignment, title/position (e.g. admin or teacher).  For Student Nearpod Users:  N/A

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);
3. from cookies 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. 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;
3. Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
4. Debugging to identify and repair errors that impair existing intended functionality;
5. 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;
6. 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;
7. Undertaking internal research for technological development and demonstration; and
8. 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. credit reporting agencies;
6. our insurers and brokers; and
7. 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. Please note, Nearpod does not sell, lease, or rent your data to any third-party.