This Privacy Policy describes how Pochy’s Ventures, Inc. (Lrnr) collects, protects, uses and shares personal information of Users of the Educational Products and Services (Services) that link to this Privacy Policy. The Services are designed to facilitate and support learning and education in Higher Education and, for certain Services, Secondary Education.

Use of the Services is subject to this Privacy Policy, the Terms of Use for the Services and any applicable written agreement executed by Lrnr and an Institution or other Educator. Some Services may reference or link to another site or service. Use of other sites and services (including other Lrnr sites and services) may be subject to different terms and privacy policies.

Please contact Lrnr Support with any questions or concerns about this Privacy Policy.

For purposes of this Privacy Policy:

• “Customer” means a purchaser of the Services.
• “Terms of Use” means the Terms of Use for the Services.
• “Educator” means an instructor, tutor, teacher, professor, school, school district, college, university or other education institution or education agency that adopts or uses the Services in an educational setting. Educator includes a parent instructing a student at home.
• “Institution” means a school, school district, college, university or other education institution or education agency that adopts and uses the Services.
• “Lrnr” means Pochy’s Ventures, Inc. and its affiliated companies.
• “Personal Information” means information personally identifiable to a particular User. Personal Information may include Account Data and Course Data described below.
• “Secondary Student User” means a User who is a student in a secondary education setting.
• “Services” mean the Lrnr educational products and services that link to this Privacy Policy.
• “User” means a student, instructor or school administrator, who is an end-user of the Services.
• “Youth User” means a User who is not considered old enough under applicable law to accept and consent to the Privacy Policy.

Important Note: If you are a student in a secondary school or if you under 18 years old and not sure whether you are old enough to accept and consent to the Privacy Policy, please do not use the Services, unless your Educator, Institution or parent set up your account, registered you to use the Services or directed you to set up your account or register to use the Services or instructed you to complete schoolwork or assignments using the Services.

Lrnr receives authorization and consent to collect, process and otherwise handle Personal Information of a Secondary Student User or a Youth User under this Privacy Policy and the Terms of Use when a parent, Institution or Educator of such User (a) purchases the Services for such User; (b) establishes a User Account for such User; (c) registers such User to use the Services; (d) instructs such User to establish an account or register to use the Services; or (e) directs such User to complete schoolwork or assignments using the Services. Such authorization and consent also will be deemed to have been granted for all Secondary Education Student/Youth Users who are included in an Educator’s course roster in the Services or who access the Services through account credentials that an Educator has associated with the User’s Personal Information, such as through the Educator’s course or learning management system. Educators and their Institutions are responsible to obtain any additional legally required consents for Secondary Education Student Users and Youth Users.

Lrnr receives authorization and consent from Users to collect, process and otherwise handle Personal Information under this Privacy Policy and the Terms of Use when the User: (a) purchases the Services; (b) establishes an account or registers to use the Services; (c) accesses the Services through account credentials that an Educator has associated with the User’s Personal Information, such as through an Institution’s course or learning management system; or (d) uses the Services.

For some of Lrnr’s Services, Personal Information may be transmitted, stored and processed in a country other than the one in which the User resides or the Educator or Institution is located. The authorization and consent for Lrnr to collect, process and otherwise handle Personal Information under this Privacy Policy includes consent and authorization for the User’s Personal Information to be transferred and stored in countries outside of their residence as well as any country where the Educator or Institution may be located or the User may visit.

To protect Personal Information from unauthorized access, use and disclosure, Lrnr maintains a comprehensive information security program and employs reasonable and appropriate physical, administrative and technical safeguards. Lrnr performs periodic risk assessments of its information security program and prioritizes remediation of identified security vulnerabilities.

Lrnr collects and processes data in order to provide the Services for educational purposes. This data may include Personal Information.

If a Customer purchases the Services online directly from Lrnr, payment data submitted by that Customer will be used and disclosed to the Customer’s financial institution and Lrnr’s payment processing vendor for the purpose of processing payment for the Services ordered.

Lrnr collects and processes Account Data to set up, maintain and enable a User account to use the Services. Account Data includes a User’s name (unless an alias is used with Educator or Institution approval/coordination), email address, username and password, as well as the Institution and course identifier for any courses for which User uses the Services. With coordination/approval by the Educator, a User may be registered for a User account using an alias* instead of actual first and last name. Account Data does not include student coursework or responses, scores, grades or instructor feedback on interactive exercises, assignments or assessments.

With Educator approval/coordination, a User account may be established by using an alias name (pseudonym) and email address that is not otherwise associated with Personal Information provided to Lrnr. Alias Registration may not be available if the User account is established through integration with a third party service or if the Institution or Educator establishes the User Account or otherwise prohibits the use of this option. If a User establishes a User account through Alias Registration, the User must notify each Educator of the alias information used to establish the User account so that the Educator can recognize the User account as belonging to that User.

Course Data means educational data collected, generated or processed through use of the Services in connection with educational coursework. Course Data includes assignments, student coursework, responses to interactive exercises, assignments and assignments scores, grades and instructor comments. Lrnr collects and processes Course Data in order to provide the Services to Users, Educators and Institutions for educational purposes.

Information posted by a User in a community or forum or communicated with a communication tool provided through the Services may constitute Personal Information. Postings and communications will be visible to and shared with all members of the community or forum. Lrnr is not responsible for further use or disclosures by others who are members of the community or forum or recipients of any communications.

Some Services may have the capability to connect to your Google Drive so that you can upload or download documents directly from or into your Google Drive. Before they do so, you will receive a prompt asking you to click “Allow” to enable the Services to connect to your Google Drive. You may remove this connection in the My Account settings for your Google account at any time. Lrnr will use this connection to access your Google Drive only for the purpose of uploading or downloading documents that you specifically select with limited metadata to allow identification and retrieval, so that you can access and use the documents within the Services or download them to Google Drive. Lrnr will use, process and store these documents and associated personal data in accordance with this Privacy Notice.

The Services use cookies to enable Users to sign-in to the Services and access stored preferences and settings. Users, Educators and Institutions have a variety of tools to control the use of cookies, web beacons and similar technologies, including browser controls to block and delete cookies. Disabling or blocking these technologies, however, may prevent or impair required functionality and use of the Services.

Application and system logs are critical to ensuring the availability and security of the Services. Lrnr automatically collects log data related to User interaction with the Services. This data may include browser type, type of computer/device and technical information about the User’s means of connection to the Services, such as operating system, internet service provider and IP address. This data is collected and used to monitor the health of the Services, detect unauthorized access and fraudulent activity, prevent and respond to security incidents and appropriately scale the computing resources for the Services.

Lrnr may provide Users with the opportunity to evaluate and provide feedback on the Services on a voluntary basis. Lrnr may use and disclose such data in de-identified form, as well as other de-identified data and de-identified aggregate data collected and processed through the Services, to deliver, maintain, support, evaluate and improve the Services, conduct educational research, develop new products and services and for other purposes. De-identified data is not considered Personal Information under this Privacy Policy.

Lrnr may use third party web trend analytical services, including Google Analytics and Adobe Analytics, to collect anonymous visitor information, which may include IP addresses, browser types, referring pages, pages visited and time spent on a particular site. While these analytical services collect and report information on an anonymous basis, they may use cookies and collect IP addresses to gather web trend information. Lrnr uses web trend information for system administration, identify problems and improve service. For further information about Google Analytics, and for links to Google’s Privacy Policy and an opt-out tool for Google Analytics, go to http://www.google.com/intl/en/analytics/privacyoverview.html. For further information about Adobe Analytics, for links to adobe Analytics’ Privacy Policy and opt-out tool for Adobe Analytics, go to http://www.adobe.com/privacy/analytics.html.

Do Not Track (DNT) is a proposed mechanism for allowing website visitors to control the collection of certain usage data. Although there has been research into the development of a standard to support the use of DNT signals, there is no adopted standard to follow. The Services do not currently respond to Do Not Track signals.

Lrnr uses the Personal Information to deliver the Services for educational purposes. In delivering the Services, Lrnr provides and discloses Personal Information to the User’s Educator and Institution and as otherwise directed by the Institution or the Educator. Educators and Institutions may export grade book information and other Course Data from the Services for the purpose of maintaining educational records.

Lrnr may use and disclose Personal Information, as requested or authorized by an Institution or by an applicable governmental educational agency or authority, for administrative, audit and evaluation purposes, such as to evaluate the educational efficacy and effectiveness of the Services.

Lrnr may use and disclose Personal Information of a User to the User’s Educator, Institution, law enforcement and other regulatory officials for the purpose of investigating and addressing suspected illegal conduct, misappropriation of password access, academic dishonesty or misconduct or any other conduct prohibited by law, the Terms of Use or a User’s Educator, Institution or other applicable regulatory authority.

Lrnr may disclose Personal Information to affiliated Lrnr companies and other companies and organizations who perform work for Lrnr under contract and are obligated to protect the privacy of Personal Information consistent with this Privacy Policy.

Lrnr also may disclose or use Personal Information: (a) with the User’s consent (or, if a Youth User, with the consent of the Youth User’s parent); (b) in response to a subpoena, court order or legal process, to the extent permitted or required by law; (c) as required by law; (d) to protect the security and safety of the User and other persons, data, assets and systems, consistent with applicable law; (e) in connection with a sale, joint venture or other transfer of some or all of its company or its assets, subject to the commitment of the acquiring entity to comply with this Privacy Policy; (f) to investigate or address actual or suspected fraud or other illegal activities; or (g) in order to exercise its legal rights, including enforcement of the Terms of Use or any applicable contract with the User or the User’s Educator or Institution

Lrnr may communicate with Users by email to provide updates and information about the Services and to request User evaluation and feedback about the Services and interest in Lrnr research project participation. Lrnr will provide Users with a means to express email preferences or unsubscribe to emails in accordance with applicable law.

Lrnr will not use User Personal Information for marketing or advertising purposes, except with the consent of the User. Lrnr will not knowingly seek such consent from any Secondary Student Users or Youth Users. Lrnr does not permit third-party ad networks or similar services to access or collect Personal Information within the Services.

Lrnr does not sell or rent User Personal Information.

Lrnr complies with all applicable provisions of the United States Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, 34 CFR Part 99 (FERPA) in receiving and handling personally identifiable information from education records as a “school official” under FERPA.

The Services are designed for Higher Education and, for certain Services, Secondary Education. The Services are not designed or intended to collect Personal Information from young children under the age of 13 for any commercial purpose. In the event the Children’s Online Privacy Protection Act (COPPA), 15 U.S.C. 6501 et seq. is deemed to apply to the collection of any Personal Information under this Agreement, Lrnr will comply with all applicable provisions of COPPA and collect and such information for educational purposes only at the direction of the Educator and on the basis of Educator consent.

Lrnr is committed to complying with all other data protection laws applicable to its delivery of the Services.

Users may access and modify Account Data through the Account Profile features and functionality of the Services.

Students and parents should direct access, amendment and export requests for Course Data and any education records to their Educator or Institution. Access, correction or deletion may be limited by restrictions to maintain academic fairness and the validity, security and intellectual property rights in educational assessments and materials and any applicable restrictions or requirements of the Educator, Institution or law. In many cases, Institutions and Educators will be able to use the built-in functionality of the Services in order to address access, amendment and export requests. Upon request of the Institution, Lrnr will provide reasonable assistance to the Institution, consistent with the terms of its agreement with the Institution. In certain cases, Lrnr may not be able to fully satisfy such requests, such as a request for confidential Lrnr company information or requests in a specific or proprietary format that Lrnr is unable to support or requests that are prohibited by law.

To protect Personal Information, Users, Educators and Institutions are urged to: (a) protect and never share their passwords; (b) only access the Services using secure networks; (c) maintain updated internet security and virus protection software on their devices and computer systems; (d) immediately change a password and contact Lrnr Support if there is a suspicion that the password has been compromised; and (e) contact Lrnr Support if there is another security or privacy concern or issue.

This Privacy Policy may be revised from time to time through an updated posting. Lrnr will identify the effective date of the revision in the posting. Often, updates are made to provide greater clarity or to comply with change regulatory requirements. If the updates involve material changes to the collection, protection, use or disclosure of Personal Information, Lrnr will endeavor to provide notice of the revision in advance through a notice conspicuously posted on the Services, an email to Users or other appropriate way. Continued use of the Services after the effective date of a posted revision evidences acceptance. Please contact Lrnr Support if you have questions or concerns about the Privacy Policy or any objection to any revisions.