March 31, 2015
We take seriously our responsibility to protect the data entrusted to us, and we have crafted the policy below to be as clear and straightforward as possible. Our aim is for you – our users and customers – to be informed and empowered with respect to your privacy with Junyo.
Junyo’s privacy and security policies are the result of discussions with industry leaders, teachers, parents, state education technology directors, district CIOs, and privacy advocates. Our security framework is modeled after the international Payment Card Industry (PCI) consortium for protecting secure credit card and personal information. We follow applicable regulations such as FERPA, COPPA, PPRA, PIPEDA, CASL, and EU Safe Harbor laws.
There are some basic principles that guide this policy and our everyday operations.
- Clarity We strive for clear, direct communications, and transparent, understandable policies. If any part of this policy is not clear, please let us know.
- Responsibility We consider ourselves custodians of Sensitive Data entrusted to us by users and Customers. We protect Sensitive Data with the same degree of care that we treat our corporate confidential information. We do not sell Sensitive Data because it’s not ours to sell. We do not distribute Sensitive Data to third parties unless instructed to do so by our users or Customers.
- Strict controls We provide strict access controls to manage access to Sensitive Data.
- Accountability To ensure that we do what we say we are doing, and verify that our practices are in compliance with this policy, we submit ourselves to objective third party security audits on a regular basis.
- Access We will not lock up your data. If a Customer requests an electronic copy of their data, we will make it available for them. If an end user requests an electronic copy of their personal data, we will make it available for them. The extent of data returned, and the time we take to respond to a request will depend on the availability of staff and technology support for exporting data. Junyo is committed to supporting data portability and open standards.
- Objectivity Junyo may provide product recommendations to our users and Customers, if we believe that the products will improve educational results. When we rank products based on quality or effectiveness, the rankings will always be based on objective data, and will never be altered based on any amounts paid to Junyo.
- If it’s about you, it’s personal, and should be protected. Most privacy policies define Personal Information as a specific list of fields (name, birthdate, address, and other personally identifying information (PII)), and anything associated with a PII or unique id is also considered Personal Information. That definition leaves out a lot of things that most users would consider personal, including personal information where the PII or unique identifier was removed, or results of computation and analysis about an individual. Often, these other types of personal information are specifically excluded from privacy policies, meaning companies have very few restrictions on what they do with that data and they don’t have to tell you what they do with your data. We don’t think that’s an honest way to treat our Customers and Users. Rather than create a specific list of data fields to protect, we are just going to say that we protect information about individuals (See the definition of Sensitive Data below), and we tell you exactly what we’re going to do with it.
- “You“ (also, “Your“, “Individual“): any end user of Junyo’s products and Services, or any person whose data has been entered or collected on behalf of a Customer.
- “Customer“ (also, “Customers“): the school, district, vendor or other entity that has entered into a contractual agreement for Junyo products and Services.
- “Contractors:” Organizations that Junyo sub-contracts with to provide Services, including development services, hosting services, ISPs, and research partners.
- “We” (also, “Us“, “Junyo“, “Company“): Junyo, Inc.
- “PII“, (Personally Identifiable Information) includes full name, address, telephone number, birthdate, school-assigned identifiers, and email addresses.
- “Sensitive Data” Many education privacy policies carve out special protections for PII, as mandated by law, but don’t guarantee protection or restrictions on use of other highly personal data. We define a much broader category of data, “Sensitive Data”, to include data that most people would consider private or personal, and we restrict the entire category of Sensitive Data to be for internal use only. Sensitive Data includes all of the following (with certain exceptions, noted below):
- all data associated with a specific User or Individual (student, teacher, employee, User, etc.), including screen names or user names, profile photos and other profile data, academic records, personal messages, and performance metrics (some policies call this ‘de-identified’ data); plus
- results of computation that are associated with a specific individual (such as predictions, computed profiles, or personalized recommendations); plus
- all data associated with a specific Customer (company or organization), including purchases, sales, names of employees, and private messages; plus
- all data that could easily be “de-anonymized” to identify an Individual, even if that data contains no PII, and even if that data is an aggregation of data from multiple Individuals. (The Data Privacy Council shall establish criteria to determine whether data can be “easily” de-anonymized.); plus
- photographs, videos, or audio recordings taken on a school campus or Customer facilities containing recognizable faces or voices of students or Customer personnel; plus
- all data obtained from Customer (or Customer’s agent) that Customer has marked or declared ‘Confidential’ and/or ‘Sensitive’. [This is your opportunity to declare additional data that you wish to be classified as Sensitive.]
The following data are specifically excluded from Sensitive Data:
- Data (including uploaded files) that is identified as public or shared, or that you have entered for the purpose of communicating, such as forum posts and product reviews. (Our apps will let you know when you are entering data that is intended to be shared, and privacy settings allow Customers to manage the scope of the sharing.)
- Data provided to us without confidentiality restrictions; or data that is publicly available or is obtained from public websites
- Images and recordings (including photographic, video, audio, or other) of students or Customer personnel that are either (a) accompanied by appropriate model release(s), or (b) obtained at a public performance and where no students in the image or recording are under the age of 13.
- Feedback provided to us (as defined in the MSA section 6.5), including questions, comments, and suggestions, provided that any personally identifying information has been removed.
- Temporary tokens, session cookies, or access keys used for identification or authentication. Although these tokens may be user-specific, these tokens do not contain Sensitive Data and we do not share these tokens with third parties except as minimally needed (for example, to enable single sign-on).
- “Composite Data” All other data that is not PII, Sensitive Data, or generally public information, is classified as Composite Data. Composite Data may include, but is not limited to: results of aggregation and analysis, if the results are not associated with a specific Individual; non-personal data collected by or generated by our applications, servers, and other system integrations. Composite Data may include Junyo Confidential Information.
- Data collected through integration (for example, via file transfer, network connection, or direct access) with Customer’s internal electronic systems and Customer’s vendor-managed (hosted) electronic systems, and third parties providing services to Customer. Examples of such systems include, but are not limited to: Student Information Systems (SIS), Learning Management Systems (LMS), Customer Management Systems (CMS), Collaboration software, Directories, databases, files, learning applications, and hosted applications. Data collected from these systems may contain information including, but not limited to: PII, student records, grades, attendance, teacher notes, messages, calendar entries, sales history, product information, employee information, pricing information, financial information, and records of online activities.
- Data entered directly in our applications, including data entered into forms, search terms, and answers to surveys and quizzes.
- Data collected through personal devices and sensors, including fitness sensors, microphones, and video recording devices. Data from such devices or sensors will only be used if previously approved by the applicable Customer.
- Data collected through personal interviews, school visits, and observations. (School or Customer visits are only done with pre-approval of such school or customer)
Junyo uses data to perform services on behalf of our users and Customers. We use data to improve our existing products and services, and to develop new products and services that support our mission to improve teaching and learning.
PII and Sensitive Data are used for internal purposes only, and are never made available to other Customers or third parties, unless the original Customer directs us to do so (for example, to support integration with another vendor).
Junyo aggregates and analyzes collected data to generate new data.
Junyo may use data to provide feedback, analysis, recommendations, and other reports for users and/or Customers.
Junyo may make data about an Individual available for access or download by the Individual (or their parent or legal agent).
Junyo may use collected and generated data to develop and publish reports, white papers, webinars, or other communications that Junyo believes would be of interest to Customers and others in the education community. Any data published will be sanitized to ensure that no data can be traced to any individual student or teacher. The Data Privacy Council shall establish criteria for sanitization of published data. Junyo will obtain prior approval from the Customer before publishing any article or report that mentions Customer by name.
Junyo may use the data collected to provide recommendations for products, techniques, intervention, or alternate free or non-free resources. Customers may opt-out, on behalf of users within their school or district, of display of recommendations for paid products. We will not display advertisements to any student under the age of 13, without approval from the student’s authorized parent or guardian.
If Customer or user activates direct messaging from Junyo applications, Junyo may use contact information such as email address, instant messaging (IM) address, or SMS, to contact users or Customer’s employees or agents. Customers may enable or disable such communications on a school-wide or district-wide basis. Individual users may opt-out of receiving SMS messages.
Junyo may provide messaging apps or community services such as forums in its applications or on its websites. Any personal information entered in such forums may be read, collected, or used by others who visit these forums, and may be used to send You unsolicited messages. Junyo is not responsible for the personal information You choose to submit in these forums.
Junyo may use an optional referral program. If users elect to use the referral program and inform friends about Junyo’s products and services by entering the friend’s name and email address, we will automatically send the friend an email inviting him or her to visit Junyo’s websites.
Junyo may post a list of Customers and testimonials on its websites or marketing materials, containing information such as the person’s name and title. We will obtain consent of each Customer prior to posting any information on such a list or posting testimonials.
We do not sell PII or Sensitive Data.
We may share PII or Sensitive Data pertaining to a Customer only with (a) that Customer (and its employees and authorized Users), (b) an agent of the Customer or other third party, if directed by the Customer, or (c) a Contractor, if Junyo determines such Contractor is necessary for Junyo to provide services for Customer. In case (c), Junyo guarantees that Contractor will treat PII and Sensitive Data with the same care and policies as described in this policy, and, furthermore, Junyo assumes liability for any breach of data by Contractor, to the same extent that Junyo would be liable if Junyo had caused such breach.
We may license non-personal Composite Data to development partners, research partners, and third parties to improve our education-related products and services, or to support development of new education-related products and services (by ourselves or others) that we believe will improve teaching and learning.
We reserve the right to use or disclose any data (including PII, Sensitive Data, or Composite Data) if required by law or if we reasonably believe that use or disclosure is necessary to protect Our rights and/or to comply with a judicial proceeding, court order, or legal process.
We may use third party data centers and service providers to host and/or manage applications and store PII, Sensitive Data, and Composite Data, provided that such hosting facilities are approved by our Chief Security Officer (CSO) and are used in accordance with our internal Security Handbook. In all such cases, we retain control over the data in those facilities, and the external providers have no rights to view, modify, or redistribute the data.
If required, our system is architected to retain PII in secure data centers within your country so that student names and ids never leave the country. All of our analysis and recommendations are performed on our primary secure servers hosted in the U.S., where students are assigned a random id. Those systems don’t know who the students are.
We may retain PII for Customer’s users for up to five years following termination of services for a Customer, and such PII may be used only for the following purposes: (a) to support access to student personal data by those students or their parents, (b) to support the electronic transfer of student records to education providers or other institutions with the authorization of the student or parent, (c) for internal analysis, or (d) to support legal compliance and auditing requirements. At the expiration of a retention period, applicable data is flagged for destruction and destroyed within 90 days.
We may retain Sensitive Data for internal use, indefinitely, as long as we reasonably believe that it can be used to improve educational success of students and schools.
Currently, various browsers including Internet Explorer, Firefox, and Safari offer a “do not track” or “DNT” option that relies on a technology known as a DNT header, which sends a signal to websites visited by the user about the user’s browser DNT preference setting. Junyo does not currently commit to responding to browsers’ DNT signals with respect to the Company’s websites, in part, because no common industry standard for DNT has been adopted by industry groups, technology companies or regulators, including no consistent standard of interpreting user intent. Junyo takes privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.
In compliance with Canadian Anti-Spam Legislation (CASL), Commercial Electronic Messages (CEMs) will (1) be sent with express or implied consent, (2) identify the sender, and (3) provide an unsubscribe mechanism. Complaints about spam should be sent to spam at junyo dot com.
Junyo may provide product recommendations to our users and Customers, if we believe that the products will improve educational results. When we rank products based on quality or effectiveness, the rankings will always be based on objective data, and will never be altered based on any amounts paid to Junyo. We do not consider such recommendations ‘Advertisements’, since objective advice and recommendations are one of the primary reasons people use our services. However, we do allow Customers to opt-out of recommendations of non-free third party products. We never show advertisements or recommendations for paid products (those that would cost the User money to use) to a user under the age of 18 without prior consent.
In the event that Company, or substantially all its assets, is acquired or sold, we will require the acquiring company to agree to enforce this Policy and maintain its terms for all Customers with a current subscription agreement.
In addition, we will make reasonable efforts to notify Customers 30 days in advance of PII being transferred to the acquiring company. If Customer does not wish their PII to be held by the acquiring company, Customer may request that their PII be destroyed prior to transfer of data to the new company. (Such destruction of PII would effectively Terminate the MSA and be subject to the MSA’s Termination provisions). Upon confirmation of a valid request for destruction of PII, Company will destroy Customer’s PII prior to transfer of assets to the new owner. If you are a current Customer and would like to be notified in the event of a change in control, please submit this form and we will keep your contact information on file.
If you have any questions, comments, or feedback about the policy, we want to hear from you. Please send us your inquiry using this form and we will respond to you shortly.