PRIVACY POLICY

INTRODUCTION

Please read the following carefully:

This statement offers general details regarding the privacy policy of this website and its associated platforms, whether accessed through desktop devices, mobile devices or otherwise. If you are under the age of 18, it is important to review this privacy policy together with your parents or guardian and seek clarification on any aspects that are unclear.

Your utilization of this service implies your acceptance of this privacy policy. Please note that this privacy policy may be updated periodically, and the version in effect at the time of your use or submission of personally identifiable information will apply.

FormED Smart LLC (“FormED Smart”) acknowledges the significance of safeguarding the privacy of our website visitors while allowing us to engage in legitimate business activities by offering goods, services, and relevant information.

Please note that the rights and obligations outlined in our Privacy Policy do not extend to third-party websites linked to or referenced on our site(s). These third-party websites maintain their own privacy policies, and we encourage you to review them.

For the purposes of this Privacy Policy, “Personal Data” refers to any information that can identify you or can be combined with other Personal Data to identify you.

For the purposes of this Privacy Policy, “Student Data” refers to any information that is provided to and/or stored on the Site regarding a student. This may include personally identifiable information (PII) such as the student’s name, date of birth, school, and district, as well as any input gathered via electronic forms. Additionally, “Student Personal Information” encompasses not only PII but also other information that is collected and maintained on an individual level and linked to personally identifiable information. This includes indirect identifiers, such as email addresses and IP addresses, along with other types of technical and non-personal information. 

If you have any inquiries or concerns regarding the Privacy Statement, please don’t hesitate to Contact Us at info@formedsmart.com.

YOUR RIGHTS AND RESPONSIBILITIES

By visiting our Site(s) or having your Personal Data provided, transmitted, or authorized by another party, you consent to the practices outlined in this Privacy Policy and any subsequent updates. It is your responsibility to regularly review this Privacy Policy for any changes. Continuing to use our Site, products, or services after such updates constitutes acceptance of the revised Privacy Policy terms.

Providing us with your Personal Data is optional, and if you do not agree to this Privacy Policy, please refrain from transmitting your Personal Data to us or allowing others to do so. However, not providing your Personal Data may impact our ability to offer you products or services.

You agree to the collection, use, processing, disclosure, transfer, and retention of your Personal Data as outlined in this Privacy Policy. This policy governs your interaction with our Sites, platforms, and the purchase of our products and services. Your Personal Data will be utilized solely for the purposes stated herein.

For Educators, Administrators, and Qualified Customers:

As individuals whose Personal Data is collected, you possess rights regarding the Personal Data we maintain about you.

You have the right, at any time, to:

• Request access to the information we hold, use, or disclose regarding you.
• Seek correction of any inaccurate or incomplete information we possess about you.
• Ask us to delete your information from our records.

For Students and Examinees:

Students and Examinees should direct any requests for access, deletion, or correction concerning educational or clinical record/data and/or Student Data directly to their educational institutions or clinicians. As a service provider, FormED Smart cannot delete or alter education records, Student Data or other records collected or processed for, or on behalf of, an educational institution, unless instructed to do so by the educational institution or clinician. Therefore, for any requests directed to FormED Smart, we will refer you to your educational institution or clinician.

OUR RIGHTS AND RESPONSIBILITIES

We will grant you access to these Rights and Responsibilities and any subsequent updates. We recommend that you periodically review this Privacy Policy to stay informed about our information practices as they evolve over time. We reserve the right to periodically update this Privacy Policy without prior notice. Any change in the effective date will indicate an update to the Privacy Policy. Changes to our Privacy Policy will be effective upon posting the revised version on our Site(s). Your continued use of our Site(s), products, and services following such changes constitutes your acceptance of the revised Privacy Policy in effect at that time.

Depending on the Services, we may gather and process your personal data to address day-to-day business requirements, including but not limited to providing services on behalf of a business, handling payment processing and financial account management, conducting business planning and forecasting, enhancing systems, ensuring security and fraud prevention, and complying with legal and regulatory obligations.

FormED Smart will consistently safeguard your Personal Data  and Student Data with appropriate operational, administrative, technical, and physical security measures.

We do not share your Personal Data or Student Data with third parties unless otherwise specified. We do not commercialize Personal Data or Student Data. Over the past twelve (12) months, we have not sold any Personal Data or Student Data collected through this site. Currently, we do not activate third-party targeted advertising cookies on this site. Furthermore, we do not engage in behavioral targeting of advertisements, meaning we do not use any behavioral information to provide targeted advertising to students.

COLLECTION AND STORAGE OF INFORMATION

We will gather specific personal information through various activities on this Site or elsewhere, including user registration, purchasing materials, survey participation, contacting us with inquiries, or providing feedback on the Site. During these activities, you may be prompted to supply details such as your name, mailing address, phone number, fax number, credit card number, and email address. Additionally, to qualify for material purchases, we may also seek professional qualifications, affiliations, or employment details. This information may be retained within our computer and ordering system.

PLATFORM AND SYSTEMS INFORMATION

Collaborator Data Collection Form(s)

Digital input forms that are electronically sent to parents/guardians, educators and/or other relevant collaborators to collect anecdotal data about a student are digital documents designed to gather qualitative information about a student’s performance, behavior, and overall experiences. These forms are typically sent via email to  parents/guardians, educators , and/or other relevant collaborators providing a convenient and efficient method for data collection.

The content of these electronic forms can vary depending on the specific goals and objectives of the data collection effort. However, they often include open-ended questions or prompts that encourage respondents to provide detailed observations, comments, or reflections about the student in question.

Access and Information Correction

Access to the Parent, Educator, and/or other relevant collaborator data collection form(s) Site is limited to educators who have been duly authorized by the sponsoring Educational Institution, such as the school, district, Intermediate Unit or State Department of Education. These Educational Institutions are responsible for managing educator access to the Site and maintaining all associated login credentials. All access attempts are logged, including details such as IP addresses, user IDs, and roles, with logs available upon request.  Please note that this Site does not grant access to parents or students.  They are emailed a separate form to complete and that data is then maintained by the Educational Institution.  

Only authorized educators are permitted to input data into a student’s record on this Site. They may also review the student’s record, make necessary changes, access available assessment reports, and review other relevant data. Should an educator encounter any issues with a student record, report, or experience difficulty accessing or correcting information on this Site, they may contact FormED Smart at info@formedsmart.com for assistance.

Data Collection and Use

Educator: To create a record for a student the following information may be collected from educators through this Site: student’s name, grade, date of birth, pronouns, district, school. Upon initial login by an educator the following personal information may be collected: name, school district, address, phone number, and email. Additional indirect Student Data (PII) may be collected.  If FormED Smart receives inquiries or emails about or through this Site from educators,  FormED Smart may keep a record of the email, correspondence and comments, including the individual’s name, school district or organization name and email address in order to reply to the communication, perform Site support and issue resolution and maintain business records concerning this Site. 

FormED SMART will not collect, maintain, use, or share Student Data (PII) beyond that needed for authorized educational/school purposes.‘Educational/School purposes’ are services or functions that customarily take place at the direction of the educational institution/agency or their employee that aid in the administration or improvement of educational and school activities (e.g., instruction, administration, and development and improvement of products/services intended for educational/school use). 

THE ENTRY OF ALL STUDENT DATA IS THE SCHOOL’S RESPONSIBILITY AND FORMED SMART ASSUMES NO RESPONSIBILITY TO ENTER, COLLECT, OR REVIEW ANY SUCH DATA.

Retention of Information

Customers have the right to export their data at any time. FormED SMART will routinely generate backups of all customer Student Data and store these backups securely. Provided that the customer has settled all outstanding fees, they may request a copy of their Student Data on physical storage media, subject to applicable charges. This data retrieval service will be available to the customer exclusively during the term of this Agreement and for a period of up to three (3) months following its termination or expiration. After this three-month period, all data may be permanently destroyed and rendered inaccessible to the customer.

FormED SMART will not retain student personal information longer than necessary to support authorized school purposes. To ensure compliance with this policy, FormED SMART will purge its records annually on July 1st, deleting all data that is 365 days or older.

COOKIES AND OTHER ONLINE DATA

Through the use of cookies and similar technologies, FormED Smart may collect and retain certain types of information about you each time you engage with this Site.

Cookies are compact text files that we transmit to your device, via your web browser or app, to accomplish several purposes: (a) facilitate your navigation on the Service, (b) recognize you and your access privileges, (c) monitor your usage patterns and preferences of the Site, (d) identify any cookies previously set by our server, and (e) gather certain details about your interactions with the Site, such as browser type, operating system, domain names, IP addresses, and similar information.

Most web browsers include a Help feature in their toolbar that explains how to prevent your browser from accepting new cookies, receive notifications when you receive a new cookie, or disable cookies altogether. Additionally, you can manage or delete similar data used by browser add-ons, like Flash cookies, by adjusting the settings of the add-on or visiting the website of its developer.

However, enabling cookies ensures optimal functionality of this Site (disabling cookies may impair certain features of the Site), and we recommend keeping them enabled. Currently, we do not enable third-party targeted advertising cookies on this site, except when the third party utilizes the information solely as a service provider to FormED Smart.

FormED Smart may employ single pixel images, web beacons, and similar technologies (collectively referred to as “Beacons”) to achieve several objectives: (a) monitor your utilization of the Service, (b) track response rates to specific activities and promotions within the Service and in marketing campaigns, and (c) gather certain details about your interactions with the Site, such as browser type, operating system, domain names, IP addresses, and related information.

INFORMATION DISCLOSURE AND TRANSMISSION OF DATA

Sharing Of Personally Identifying Information With Third Parties

FormED SMART will collect, use, share, and retain student data (student personal information) only for purposes for which we were authorized by the educational institution.  FormED SMART will not sell student personal information (PII).FormED SMART will not build a personal profile of a student other than for supporting authorized educational/school purposes.

With the exception of the specific circumstances outlined below, FormED Smart will refrain from sharing or disclosing to third parties the identities of users, students, or any other personally identifiable information obtained through or associated with this Site. However, FormED Smart reserves the right to utilize or disclose personally identifiable information in the following instances:

• As requested or required by the Educational Institution or clinician in support of the platform’s purpose. 
• In response to subpoenas, court orders or legal process, and as otherwise required by law;
• To protect student or user security, or the security of other persons, consistent with applicable laws; 
• In connection with the sale, joint venture or transfer of some or all of the assets of FormED Smart LLC.

  • In the event of a sale, joint venture, or transfer of ownership, the successor entity will notify the account holder(s) (i.e., the institution or agency) of any changes that are inconsistent with the existing Privacy Policy. The account holder(s) will be given an opportunity to opt in to the successor entity’s revised practices regarding the use or sharing of student Personally Identifiable Information (PII). Should the account holder(s) choose not to opt in, the successor entity shall be required to delete or de-identify the student PII.

Aggregate information that does not identify individuals, gathered through this website, may be shared with third parties, unless explicitly specified otherwise for a specific product mentioned above.

In the event that FormED SMART engages the services of a third-party vendor or subcontractor that necessitates the disclosure of Student Data, the educational institution will be notified in advance. Furthermore, the third-party vendor will only be utilized if they agree to adhere to the restrictions and conditions established in this Privacy Policy concerning Student Data.

Sharing of Non-Personally Identifying Information with Third Parties:

FormED Smart reserves the right to share anonymized information collected through the Service, including data gathered through the use of cookies and Beacon technology, with third parties (including advertising companies and networks). However, in such instances, we do NOT disclose any personally identifiable information about you or any other users of the Service to these third parties.

BY UTILIZING THE SERVICE, YOU CONSENT TO FORMED SMART USING, LICENSING, AND OTHERWISE DISTRIBUTING ANY SUCH NON-PERSONALLY IDENTIFIABLE INFORMATION (ANONYMIZED DATA) AVAILABLE ON THIS SERVICE, WHETHER COLLECTED BY FORMED SMART OR A THIRD PARTY. SUCH INFORMATION MAY BE UTILIZED TO AID IN MARKET ASSESSMENT, PRODUCT EVALUATION AND ENHANCEMENT, EDUCATIONAL RESEARCH, AND FOR OTHER MARKETING AND COMMERCIAL PURPOSES AS DEEMED REASONABLE BY FORMED SMART.

Do Not Track

This Service does not acknowledge or respond to the “do-not-track” signals or similar mechanisms from your browser (or app). We recommend checking our Privacy Statement regularly, as it may undergo changes in the future.

IP Addresses

An IP address is a numerical identifier automatically assigned to your computer whenever you access the World Wide Web. Web servers, which deliver web pages, identify your computer by its IP address. FormED Smart gathers IP addresses for system administration purposes, to provide aggregate information to our advertisers, sponsors, and partners, and to monitor the use of our Service. When visitors request pages from FormED Smart sites, our servers record their IP addresses. Typically, we do not connect IP addresses to any personally identifiable information. As a result, a visitor’s session is logged, but they remain anonymous to us. However, we reserve the right to utilize IP addresses to identify a visitor if any of the circumstances outlined in the section above titled “Sharing Of Personally Identifying Information With Third Parties” arises.

Links to Third-Party Sites

Links provided within the Service may direct you to other FormED Smart websites, as well as third-party sites and resources collectively referred to as “Other Sites.” The information handling practices of these Other Sites are not addressed within this Privacy Statement or any other policies or terms of this Service. Prior to engaging with these sites, we recommend reviewing the terms of use and privacy policies of the respective Other Site.

Security

FormED Smart is committed to safeguarding your Personal Data, Student Data and data collected via the Site at all times through suitable operational, administrative, technical, and physical security measures to prevent loss, misuse, and alteration of the information within our control. 

We employ commercially reasonable administrative, physical, and technical measures, including encryption during storage and transmission, to prevent unauthorized access or disclosure of student information. Specifically, we encrypt all sensitive data transmissions and secure all data repositories.  Our security practices include the following:

1. Two-Factor Authentication (2FA): To enhance login security, we require two-factor authentication for all user accounts. This adds an additional layer of protection by requiring a second form of verification in addition to your password.
2. HTTPS and SSL: Our website uses Hypertext Transfer Protocol Secure (HTTPS) and Secure Sockets Layer (SSL) to ensure secure communication between your browser and our servers. This helps to prevent unauthorized access to the information you share with us online.
3. Data Storage: All data is stored on Amazon Web Services (AWS) servers, which provide robust security and compliance measures. AWS is a leading provider of cloud storage solutions and ensures that our infrastructure is secure and reliable.  Amazon Web Services (AWS) which employs sophisticated perimeter security and internal controls.
4. Data Transmission: When transmitting data to outside of AWS it is done via OAuth 2.0 Bearer Token.  The data is encrypted in transit using Transport Layer Security (TLS) 1.2. This protocol secures the data as it travels over the internet. When at rest all customer data is encrypted via Advanced Encryption Standard (AES) with a 256-bit key (AES-256).

Security measures may change as technology evolves and advances are made.  Additionally FormED Smart may need to change how/where data is stored.  

By implementing these security measures, we aim to protect your personal information from unauthorized access, use, or disclosure. However, please note that no security system is impenetrable, and we cannot guarantee the absolute security of your data.

Breach Notification and Response

In the event of a data breach or unauthorized disclosure, formED SMART is committed to promptly notifying affected institutions and taking appropriate corrective actions to mitigate any potential impact.

Purchase and Credit Care Use

When making purchases with your credit card on FormED Smart, rest assured that your transaction is secure. Our servers employ Secure Sockets Layer (SSL), an advanced encryption technology compatible with most major browsers, to protect your personal information and privacy. Nonetheless, it’s important to acknowledge that achieving “perfect security” is not guaranteed.

Nature of Data on the Internet

Given the intricate and unbounded nature of the Internet, there is a perpetual risk that information collected by and/or presented on the Service may be compromised or accessed, despite the implementation of reasonable data security measures by FormED Smart. To diminish such risks, it is advisable to (a) employ secure usernames and passwords and diligently safeguard them from disclosure, and (b) utilize up-to-date internet security and antivirus software on your computer system. If you suspect that your computer’s security has been breached or that your username or password may have been accessed by a third party, kindly contact us promptly to request a password change.

SITE AND CONTENT OWNERSHIP

This Site is owned and operated by FormED Smart LLC. The content thereof is protected by copyright of FormED Smart and/or its licensors.

CHANGES TO THE PRIVACY POLICY

We retain the right to modify the terms of this Privacy Policy periodically by publishing an updated version. FormED SMART will provide prominent notice of any material changes to the Privacy Policy. This notice may be in the form of a direct email to account holders or a visual banner upon login, or both. Any material changes will require new consent, which may be indicated by a button stating “I agree” or “OK,” or by a prominent statement that the policy has changed the first time the user logs in following the change, indicating that continued use of the service constitutes consent. Please note that data is only collected under a contract with an Educational Institution,, and those terms override any consent that an individual could provide through direct consent. Additionally, we recommend that you periodically review this Privacy Policy for any alterations or revisions.

CONTACT INFORMATION

If you have any questions or comments about this Privacy Statement or your rights, please contact us at info@formedsmart.com

This Privacy Policy is effective as of October 2, 2024.