Last Revised November 2016
“Personal Information” means any information that may be used to identify an individual, including, but not limited to, first and last name, home or other physical address, an email address, phone number, or other contact information, whether at work or at home, age information, and information about dependents. We may ask you to provide Personal Information that will enable us to enhance your use of the Service, or for purposes such as facilitating correspondence with you, registering your entitlement to access certain special features, or to complete transactions. It is always your choice whether or not to provide that Personal Information. If you choose not to provide requested Personal Information, you may not be able to use certain features of the Service.
Technical Information. We may collect and use technical data and related information - including but not limited to technical information about your device, system and application software, peripherals and your interactions with the Service - that is gathered periodically to facilitate the provision of software updates, product support, product enhancements and other services to you (if any) related to the Service. We may also automatically receive and record information on our server logs from your mobile device, which could include your IP address, cookie information, browser information and the page you request. This information is not deemed by LivingTree to constitute Personal Information and while LivingTree will not use it in a way that associates such information with you, such information it may be aggregated and used. LivingTree owns this information and may use it in any manner it deems appropriate.
Location Based Information. You also acknowledge and agree that LivingTree may collect location-based data (“Location Based Information”) from you through elements of the Service, e.g. the Application, but we do not use these features to track your whereabouts at all times.
Except as otherwise set forth herein or in our Terms of Service, Personal Information, Technical Information and Location Based Information (collectively, “Information”) that you provide or that we collect will be kept confidential and used to support your relationship with LivingTree and your authorized use of our products and services. Among other things, we want to help you quickly find information through the Service, leverage our tools in connection with your authorized use of our products and services, and alert you to product upgrades, special offers, updated information and other new products and services from LivingTree.
You also grant LivingTree a perpetual, non-exclusive, transferable, sublicensable, royalty free license to use Information and data that we collect from you via your use of and interaction with the Service (“Data”) in order to collect, develop, create, extract or otherwise generate statistics and other information and to compile, synthesize and analyze Data (“Blind Data”). To the extent that LivingTree collects or generates Blind Data, the Blind Data will be owned by LivingTree and may be used for any lawful business purpose without a duty of accounting to you, provided that the Data is not personally identifiable and does not identify the source of such Data. LivingTree does not and will not utilize this data for 3rd party advertising.
Except as set forth herein or in any applicable End User Agreement, LivingTree does not rent, sell or share Information with or to third parties, and Information is only used to provide you with LivingTree products and services and to comply with any requirements of law.
Agents or contractors of LivingTree may have access to your Information on a need to know basis for the purpose of performing services on behalf of LivingTree. All such agents or contractors who have access to such information are required to keep the information confidential and not use it for any other purpose than to carry out the services they are performing for LivingTree or as otherwise required by law.
LivingTree or its agents or contractors may disclose Information if required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process; (2) protect and defend the rights or property of LivingTree or its agents or contractors; or (3) act in urgent circumstances to protect the personal safety of Users the public.
Finally, if LivingTree should ever merge with another organization, file for bankruptcy, or sell our assets or capital stock, we may transfer the Information to a third party or share the Information to the company or its agents with which we enter into such transaction as a part of such transaction.
We maintain physical, electronic, and procedural safeguards designed to protect the Information.
Despite the actions and precautions we take, no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of the Information and you acknowledge and agree that you transmit it to us at your own risk.
We may send an email to you at the email address you have provided to us in the event of a security breach. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
You acknowledge that certain Information or Content that you provide in connection with the Service may inherently allow or help third parties to personally identify or locate you, especially if Communities within which you participate are small.
Information collected through the Service may be stored and processed in the United States or any other country in which LivingTree or its affiliates, subsidiaries, agents or contractors maintain facilities, and by using the Service or the Application, you consent to any such transfer of information outside of your country.
Children’s online safety is important to us and we take measures to protect the Personal Information of children. This section explains our policies with respect to children, the Information we collect about them, and how we use that Information, as well as your rights as a parent.
Our Policy for Children Accessing the Service
A child may join the Service through an email invitation or private group code from his or her teacher or school requesting that the child to join a classroom or school group (a “Community”). Under our Terms of Service, the teacher or school must agree to comply with the Children's Online Privacy Protection Act of 1998 (“COPPA”) and obtain verifiable parental consent prior to sending the invitation to the child. Our Terms of Service prohibit any other users (e.g. coaches or league administrators) from inviting children to join the Service. A child cannot connect with other users unless he or she receives an invitation from a teacher or school.
Information We Collect from Children
When a child creates an account through accepting the email invitation, the child will be asked to provide his or her first and last name, email address, and home zip code.
The Service has a conversation feed feature that allows children to post content, including text and pictures, on a message board for their school or classroom Community. Information posted via a conversation feed is visible to other students, as well as teachers and parents in the Community. We also offer an inbox feature that works like a personal email account within the Service. Through the inbox feature, children can send and receive email communications with teacher and school administrator users in the Community. The child cannot interact with users outside of their Community via the Service. We do not monitor the conversation feed or inbox features.
We may also passively collect aggregated Blind Data (defined above) about children, but this Blind Data does not contain Personal Information or otherwise enable others to personally identify children.
We only use Personal Information we collect from children to enable or enhance use of the Service, to provide certain features and for other internal purposes. We do not share Personal Information that we collect from children with any third parties. We also do not advertise within the LivingTree network.
Your Rights as a Parent
As a parent, you have the right to review your child’s Personal Information, have the Personal Information deleted and to withdraw your consent to any further collection of your child’s Personal Information by contacting us. Additionally, if you notify us that your child’s teacher or school did not obtain your consent prior to inviting your child to join the Service, or if you notify us that you wish to withdraw your consent, we will immediately suspend your child’s account and, within seven days of your notice, terminate your child’s account and delete all Personal Information obtained from your child.
We cannot condition your child’s participation in any activity or feature of the Service on the child providing more Personal Information than is reasonably necessary for the activity or feature.
Our Rights Regarding Users
Under our Terms of Service, we reserve the right to restrict, modify, or terminate any user’s access to the Service. Although we do not monitor the content provided by users, if we receive information that a user is bullying or harassing another person through the Service, we may suspend or terminate their access to the Service.