1. The Information We Collect
When you visit our Websites, you may provide us with two types of information: (1) Websites use information collected on an aggregate basis as you and others browse our Websites (i.e. cookies); and (2) personal information you knowingly choose to disclose that is collected on an individual basis. We may also receive your personal information from your school or teacher if you have a student account with us from your school.
Typically, this information includes the user’s or visitor's name, address, e-mail address, grade level, and telephone number. A user with a Student Account may also be prompted to provide his or her school and teacher names, school district, and State and Country location. We may also collect other types of information such as gender and age, which we may associate with personally identifiable information. If you purchase Services from us, we will record, for example, the credit card information, the type of services or products ordered or purchased, and the date of the order or purchase. We collect personal information when you register on, log on, or visit our Websites or use our Services.
We collect information through technology to make our Websites more interesting and useful to you. For instance, when you come to one of our Websites, we collect your IP address. An IP address is often associated with the portal through which you enter the Internet, like your ISP (Internet service provider), your company, or your university. Standing alone, your IP address is not personally identifiable. At times, we also use IP addresses to collect information regarding the frequency with which our visitors visit various parts of our Websites. We may combine this information with personally identifiable information.
（a）Cookies & Web Beacons
In order to make a visit to our Websites more attractive and facilitate the quality and use of certain features, we use "cookies". Cookies are small files that are stored on your device and save specific settings and data for exchange with our system via your browser. Some of the cookies that we use are deleted again at the end of the browser session, in other words after you close your browser (so-called "session cookies"). Other cookies remain on your computer and enable us to recognize your browser the next time you visit the Websites (persistent cookies). Cookies do not contain personal data and cannot therefore be assigned to a user. Based on cookie technology, we receive only anonymous information, for example, which pages on our Websites have been viewed, etc. Please keep in mind that certain cookies are already set when you access our Websites. You can configure your browser in such manner that you are notified about the setting of cookies and decide on in the individual case whether to accept them or not or exclude the acceptance of cookies in certain cases or generally. However, deactivating cookies may render some functions of our Websites unusable.
Our Websites use a variety of technical methods for tracking purposes, including Web beacons. Web beacons are small pieces of data that are embedded in images on the pages of Websites. We also use these technical methods to analyze the traffic patterns on our Websites, such as the frequency with which our users visit various parts of our Websites. These technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf. We also use these technical methods in HTML e-mails that we send our visitors to determine whether our visitors have opened those e-mails and/or clicked on links in those e-mails. The information from use of these technical methods may be collected in a form that is personally identifiable.
(b) Tracking Tools
For the purposes of needs-based design and the continuous optimization of our pages, we use a service provided by Google Analytics or similar secured services. In this respect, small files (i.e. cookies) are stored on your computer to collect information generated by the cookie about your use of the Websites, such as
- the browser type/version
- the operating system used
- the referrer URL (previous page visited)
- the host name of the accessing computer (IP address)
- the time of the server request
- the device
The information is used to analyze use of the Websites, to compile reports about Website activities and to provide us with further services relating to Website use for the purposes of market research and needs-based design for the Websites.
(c) Personally Identifiable Information
(d) Additional Information Collected When You Log-In & Use the Services.
When a User logs in to the Account and uses the Services, we collect the following data:
- Any content posted by a user (text, images, photographs, videos, messages, comments, or any other kind of content) on the Service, the information contained in the posting, including first name, last name, email address, any audio and image included within any video, will be stored in our Service for purposes of providing the Service
- For Student Accounts, your school and teacher names, school district, and State and Country location
- Feedback left by User
- Communication messages, which may include information regarding the Services that you have ordered from us
- Progress and status of your use of our educational Services; and if you are a teacher, we collect information that may be provided by you while interacting with your students
- Behavioral data on the Websites
In addition, we collect the following data for statistical and analytics purposes and in order to enable the seamless functioning of the Websites:
- type, frequency and intensity of the Website use
- duration of the registration
- amount of sessions and lessons
- amount of connections
- amount of updates
- transactions and orders
2.How We Use Your Personal Information.
We intend to use your personal information for the following purposes:
- To facilitate transactions on the Websites and to provide the Services, including by enabling Users to view and access information and end-user settings about all of our Services, and to provide other services requested by you as described when we collect the information. We also use this information to manage your progress in connection with various lesson plans and studies and provide to you other services as requested by a user.
- To communicate with you about the Services or your account with us, including updating, securing, troubleshooting, and providing support;
- To send you promotional materials that promote the use of our Websites and Services that we believe may be of interest to you, including marketing messages to your email address or mobile device. For example, we may use your personal information to send you promotional materials about products and services (including special offers and promotions) offered by Better Chinese. These promotional materials may be sent to you by postal mail, e-mail or other means. You may opt-out of receiving these communications as provided below.
When you purchase or request Services from Better Chinese, promotional materials may accompany delivery of that Service. We refer to sending you promotional materials in these circumstances as "Fulfillment Uses" of your personal information. Because these promotional materials accompany products or services that you have requested, your opt-outs for any our Websites will not apply to any of these Fulfillment Uses.
- To enforce legal terms and protect and defend our company and individuals from legal action;
- To prevent fraud or other illegal activities that you or others may attempt through the use of the Websites, other applications, or services made available by us.
- To protect the safety of our users, staff, and others;
- To create and reference analytics information about your use of the Websites and other apps or services we may provide to try to develop new or better services for the Websites and other applications;
- Send push-notifications to you on your device if you opt-in through a separate notification;
- To receive and respond to surveys and polls, unless you opt-out;
- To comply with applicable laws, including website accessibility laws that may require transcription of audio or other methods to make User content available on the Services; and
- For such other and further purposes that we may disclose to you and the time we seek to collect your information for that other purpose
3. Information Sharing and Disclosure
We will not sell your personal information for marketing purposes. We do not share your personal information obtained through use of the Websites or any of our applications for the purpose of tracking and targeting advertisements on third party websites or services. We may only disclose your personal information as follows:
- To our Websites’ service provider, Amazon Web Services (AWS) that hosts all information received through the Websites. AWS has executed a contract with us in which AWS agrees to only use the personal information and data collected through the Websites solely to provide the services to us and our affiliates as we instruct for the authorized purposes for us to use it as described in this notice, and for no other purposes. Other than as stated in this notice, AWS may not sell, share, rent, or otherwise disclose your personal information to any third-party for any purpose whatsoever, except in the event we, or AWS may receive applicable legal process (such as a subpoena or warrant) to produce information
- To your School Administrator, Staff, or Teacher, if you have a student account, so that they may be able to see students' names, activity, educational & learning progress, and performance data via the Services.
- For Student Accounts, we may display your name, school name and teacher name, and State/Country location on the “Leaderboard” page (and similar achievement and award pages), which are viewable by other users.
- If you are a School Administrator, Staff person, or Teacher, we may transfer/ export information as directed by you to your third party service providers that may manage or process such data. Similarly, your notes, comments, or assessments of any student work may be shared with your students as specifically directed by you.
- We may share or otherwise disclose your personal information when necessary in the event of a sale, re-organization, merger, assignment, divestiture or bankruptcy of all or any part of our, or our affiliates’, business, etc.
- As required by law, including, for example, to comply with a court order or subpoena,
- Additionally, we may share your personal information for any other purposes disclosed to you at the time we collect the information or advise you, or seek your consent, as well as any other purposes allowed or required by applicable law.
4. De-Identified Data & Aggregated Anonymous Data.
"De-Identified Data" is data that we create from collected aggregated data by removing all personal identifiers such as name, demographics, ID numbers, and location information. We may use certain De-Identified Data collected from the use of our Websites or the Services, for identifying trends, statistics, security, research, product development and research, or to improve the Services. Better Chinese agrees not to attempt to re-identify De-Identified Data and not to transfer De-Identified Data unless that party agrees not to attempt re-identification.
We may track the total number of visitors to our Websites and the number using of our Services, the number of visitors to each page of our Websites, browser type, and IP addresses. We may also analyze that De-Identified Data for trends and statistics in the aggregate, but such information will be used and disclosed in aggregate form only and will not contain any personally identifiable information.
5. Compliance with Children’s Online Privacy Protection Act (“COPPA”)
We are committed to compliance with COPPA so that parents remain in control of personal information collected from their young children (under 13 years old) online. As such, young children under age 13 will not be permitted to create a User Account on their own. Instead, a parent (or guardian) must register a user account for his/her child using the parent's (or guardian's) email address, and provide express consent for any use of the Services. We will not accept any email addresses from children under age 13.
Alternatively, if you have a Student Account, your teacher and School Administrator may also act as the agent of the parent or legal guardian of a Student to provide the consent to use the Services. As a general rule, children should always check with their parents or guardians before entering information on any Websites or mobile application and we encourage families to discuss their household guidelines regarding the online sharing of personal information. We will clearly and transparently disclose our data policies and practices to our users.
- Age Restrictions for User Accounts
- Ages 18 or over: There are no restrictions on creating an account or using the Services.
- Ages 13 to 17: You may create an account or use the Services as long you obtain the permission of your parent or guardian.
- What Information Is Collected From Children?
We collect only the minimum amount of information from children as necessary to register for an Account for the Services as is required for Better Chinese to comply with legal requirements. To register for an account, we may ask the child’s parent (or guardian) to provide the date of birth or age of their child. Also, if the child is under age 13, we will require the child’s parent (or guardian) to register for that child’s account, and to activate that account by providing his or her email address so that an email can be sent to the parent (or guardian) to give consent for the child to engage with our Services.
Better Chinese does not collect any identifying information from children through the Websites or Services unless they are linked to a parent or teacher account. The only information we collect from children during our registration process is a child's first name, last name, grade level, parent's e-mail address, child's birth date, member name, and password. We collect birth dates to validate the ages of our visitors, including children. We do not collect any other personally identifiable information from children during our registration process.
We may collect personal information as necessary to allow children to access our Services with the understanding that the parents will be in control of the data collected from the child at all times. Some of these Services may include instant message chatting, sending e-mail, posting on message boards, interacting with pen-pals, recording of audio & videos of Chinese language instruction, drawings, and other similar activities. In the course of a child's participation in these Services, a child may post content and provide us additional information about himself or herself, such as the contents of his or her chat or message board postings, videos, audio, or drawings. A child with a Student Account may also be prompted to provide his or her school and teacher names, school district, and State and Country location. If a parent allows us to collect personal information about their child, we may link certain information collected through to that personal information.
- No Sharing or Disclosure of Child Information.
We do not share any information about a child for targeted advertising purposes. We will only disclose such information as reasonably necessary to comply with law, including, for example, to comply with a court order or subpoena; to protect the safety and security of our visitors and users to our Websites (i.e. law enforcement), or to ensure compliance with our Terms of Service.
For Student Accounts, we may display your child’s name, school name and teacher name, and State/Country location on the “Leaderboard” page (and similar achievement and award pages), which are viewable by other users.
- Parental Control of Child Data.
Under COPPA, parents of children under 13 have certain rights with respect to our collection, use, retention, and disclosure of their children’s information. This includes the right to review, update, or delete Student information, as well as prohibit our sharing Student information with third parties. At any time, parents can refuse to permit us to collect further personal information from their child and can request that any personal information we have collected be deleted from our records. We use two methods to allow parents to access, change, or delete the personally identifiable information that we have collected from their children.
A parent can access, change, or delete his or her child's personal information by logging on to the child's account at the Member Log In page. The parent will need to have their child's member name and password. There are instructions on the Your Account home page explaining how to recover a password if the child has forgotten it.
A parent can contact our customer service department to access, change, or delete the personal information that we have collected from his or her child by sending an e-mail to firstname.lastname@example.org. Please include the child's member name and the parent's e-mail address in the e-mail so that we can better assist you with your inquiry or request.
6. Compliance with Family Educational Rights and Privacy Act (“FERPA”).
FERPA is "The Family Educational Rights and Privacy Act". It protects the privacy of students' "Educational Records" by specifying how and with whom schools can share information from these records. When our Services are used as part of a School's educational curriculum, the personal information of the School's student users that is (a) provided to us by a student or by a School, or (ii) collected by us during our furnishing of Services, may include information defined as “Educational Records” under FERPA. As such, we are under the direct control of the School or district with regard to the use and maintenance of Education Records; and we have agreed to use Education Records only for authorized purposes and we will not disclose those Education Records to other parties without the prior authorization from the school or district to do so (or such disclosure is otherwise permitted by FERPA).
7. How Long We Retain Personal Information
We store personal information collected through your registration and use of your Better Chinese account for as long as you continue to use the Account and related Services, and for a reasonable period of time in accordance with applicable law after your last use of your Account and Services, unless you advise us you no longer wish us to retain your personal information. We may also be required to retain personal information for various time periods depending upon which countries’ laws apply.
Please note, however, that some data for a Student Account may be retained after deletion of the Student Account for school compliance purposes if they are deemed “Education Records” pursuant to the Family Educational Rights and Privacy Act (FERPA) or “Student Data” under certain state student privacy laws. Such Education Records or Student Data will not be deleted until we are directed to do so by the Student’s school.
8. Your Rights and Options Concerning Personal Information
We seek to comply with all rights granted to data subjects under the relevant and applicable laws. Depending upon your location and the laws applicable to the processing of your personal information, you may have certain rights. To the extent required by applicable law, we shall comply with the following:
- If you wish to access, correct, or update your personal information, please first try to do so using any self-service components in your Account settings for the Websites.
- If you do not already have access to your personal information received through use of the Websites, and you wish to receive access or copies of that information; or, if you wish to delete any such information and cannot do so through the self-service applications, please contact us at email@example.com. If you are a resident of a country giving you a right to obtain access to your personal information, we shall take reasonable efforts to respond to your request in accordance with applicable law, which may include providing you with information in a reasonably useable format.
- If we have collected and processed your personal information based upon your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
The security and confidentiality of your information is extremely important to us. We have implemented technical, administrative, and physical security measures to protect visitor information from unauthorized access and improper use. From time to time, we review our security procedures in order to consider appropriate new technology and methods. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable.
We store your information using reasonable security precautions and for only as long as we believe is reasonably necessary. Despite such precautions, there is always a chance that someone may impermissibly access your information. If you think a third party has accessed your information, please contact us immediately as instructed below.
If we learn of a data security breach concerning your personally identifiable information, we will inform you in writing of the security breach which will include the following information: (a) What happened? (b) What information was involved? (c) What we are doing about the breach? (d) What you can do? and (e) Contact information.
10. Access to Personally Identifiable Information
You can access and update the contact information you gave us during registration (that is, your postal address, e-mail address, or any other information that would directly enable us to contact you), or modify your opt-out choices, by going to our member services centers. Simply click on the link marked Log In on our Websites, and then enter your member name and password. There are instructions on the start page of the link above to help you recover your password if you've forgotten it. If you need to recover your password, you can also contact us via e-mail at firstname.lastname@example.org for lost passwords. Please include information in the e-mail that will help us identify your account so we can assist you with your request. We may also provide you an opportunity to update your contact information and/or modify your opt-out choices by sending you an e-mail or other communication that invites your response. Finally, you may unsubscribe from certain e-mail communications by clicking on unsubscribe links in those e-mails.
11. Links to Social Media Presence and Other Websites
We have incorporated links on the Websites to our social media profiles and channels, including but not limited to the following social networks and platforms:
- Google Classroom
If you click on the relevant social network icons and third party channels and sites, you will be automatically redirected to our profile on the relevant network. In order to use the functions of the relevant network there, you must partially log in to your user account for the relevant network.
When you open a link to one of our social media profiles, a direct connection is established between your browser and the server of the relevant social network. This gives the network the information that you have used our Websites with your IP address and accessed the link. If you access a link to a network while logged in to your account on the relevant network, the contents of our page may be linked to your profile in the network, which means that the network can link your visit to our Websites directly to your user account. If you want to prevent this, you should log out before clicking on the relevant links. An assignment takes place in any case, if you log into the relevant network after clicking on the link.
Your browsing and interaction on any other website, including websites which have a link on our Websites, is subject to that third party website’s own rules and policies. We cannot guarantee the privacy or security of your personal data once you provide it to a third party and we encourage you to consult the privacy policies and security policies of third parties before entering into a transaction and choosing to share your personal data. For more information about the purpose and scope of the data collection and further data processing by the above social media networks and your respective rights and data protection options, please see their respective privacy policies.
12. Customer Service
Based upon the personally identifiable information you provide us, we will communicate with you in response to your inquiries, to provide the goods and services you request, to manage your account, and to provide the best customer service possible.
14. Users from Outside the United States.
(a) General Terms.: We are based in the United States, and the information we collect is governed by and operated in accordance with the laws of the United States. If you are using the Services outside the United States, you consent to having your information and data transferred to the United States. While users from countries other than the United States may access certain of our Services, we make no representation that the Services are operated in accordance with the laws or regulations of, or governed by, other countries outside the United States. If you are from any jurisdiction with laws or regulations governing the collection, use and disclosure of Personal Information that are different from those of the United States, you may only use the Services in a manner lawful in your jurisdiction
(b) For Residents in the European Union or Switzerland.
If you are a resident of the European Union or Switzerland, you acknowledge and agree that we may transfer your information (including personal information) to us and our facilities in the United States or elsewhere as a condition to accessing the Websites and using the Services.
Better Chinese complies with the EU General Data Protection Regulation ("GDPR"), and you are entitled to certain rights with respect to personal information that we hold for you:
- Right of access. You have the right to access your personal information, and to receive that information in a common format by contacting us, or to transfer that information to another data controller.
- Right to correct & delete. You have the right to correct or update your personal information if it is inaccurate or incomplete, or to request deletion of your personal information if the personal information is no longer necessary for the purposes for which it was collected or processed.
- Right to restrict. You have the right to restrict our processing of your personal information in certain situations, for example, if you object to the accuracy of the personal information.
- Non-Marketing. You have the right to opt-out of marketing communications we send you at any time, by clicking the "unsubscribe" link in those e-mails or by contacting us using the contact details provided below. You may also object to the processing of your personal information for direct marketing purposes, to the extent it is related to such direct marketing.
- Data Protection Authority. You have a right to make a complaint with your relevant Supervisory Authority at any time.
15. Notice to California Residents Only.
（a）Protection of Student Records Under California AB 1584.
Better Chinese will comply with California AB 1584, which concerns the privacy of certain Student Records, as follows:
- Parents, legal guardians, or eligible students may review personally identifiable information in the student’s records and fix any incorrect information by contacting their school.
- We are committed to maintaining the security and confidentiality of any student records that may be in our possession. We will limit employee access to student records to only personnel with a need to such access to fulfill their job responsibilities. We will also protect personal information with technical, contractual, administrative, and physical security safeguards in order to protect against unauthorized access or use.
- Better Chinese will delete or de-identify personal information in such student records when it is no longer needed, upon expiration or termination of our agreement with a School, or at the direction or request of the School.
- We prohibit using personally identifiable information in student records to engage in targeted advertising.
(b) Notice of Rights under California Civil Code Section 1798.83
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by us to a third party for marketing purposes. We do not share the personal information of any User with third party marketers. But if you would like to make a request, you may send an email to email@example.com.
- California Consumer Privacy Act (“CCPA”)
If you are a California resident, we will process your personal data in accordance with the California Consumer Privacy Act (CCPA) as follows:
(i) We do not (and will not) sell your personal information to any third parties.
(ii) You have the right to request that we disclose what personal information we collect, use, disclose, and sell and to delete your personal information. We will not discriminate against you if you exercise your CCPA rights.
16. Do Not Track Disclosures:
Some web browsers may transmit "do-not-track" signals to the websites with which the browser communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. There currently is disagreement, including among participants in the leading Internet standards-setting organization, concerning what, if anything, websites should do when they receive such signals. Our policy is to honor valid do-not-track signals that are sent from your browser agent to the extent those signals can be determined as evidencing your choice not to be tracked.