Privacy Policy

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Kinems, Inc. (“Kinems”) offers a platform of movement-based educational games for use in special education (the “Platform”), which provide real-time body performance visualizations and learning analytics for monitoring students’ progress. Kinems respects the privacy of every individual and takes precautions to maintain individual privacy.

We are committed to providing a secure environment for our services.

We use the information provided to us to enable the use of and improve our services, provide

users with customer service, and authenticate website visits and usage.

All information collected by Kinems is stored on secure servers.

Kinems does not sell, lease, or rent personal information without your explicit consent.

This privacy policy is designed to inform users of Kinems at its website available at kinems.com (the “Site”) and its Platform (the Site and the Platform, collectively, the “Service”) about how we gather and use personal information collected by us in connection with use of the Service. We will take reasonable steps to protect user privacy consistent with the guidelines set forth in this policy and with applicable U.S. state and federal laws, including without limitation, the Federal Family Educational Rights and Privacy Act (FERPA) and other state student data privacy laws.

We take these precautions in an effort to protect your information against security breaches. However, this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of such firewalls and secure server software. By using our Site, you acknowledge that you understand and agree to assume these risks.

In this policy, “user” or “you” means any individual or enterprise using the Service, whether as the customer purchasing the Service or an authorized user of the Service.

BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

What Information Do We Collect?

Limited Personal Information: We collect the following personal information about you in connection with the Service: (a) when you register to use the Service as a customer, through a trial or standard account, or use the Service as a teacher or administrator of a school customer, we will collect your first name, last name, e-mail address (b) if you communicate with us by email but do not otherwise register to use the Service, we will collect your email address; and (c) if you communicate with us through our chat module or contact form, we collect the information that you provide to us. All of this information is referred to in this Policy as “Personal Information”.

Please note that Kinems does not collect, obtain, or retain information from any individual on the political affiliation, voting history, religious affiliation, or biometric information (including but not limited to information collected from the electronic measurement or evaluation of any physical or behavioral characteristics that are attributable to a single person, including fingerprint characteristics, hand characteristics, eye characteristics, vocal characteristics, and any other physical characteristics used for the purpose of electronically identifying that person with a high degree of certainty).

School District Customers. When school districts use the Service, we collect certain information from the school districts for each student and teacher user of the Service, to enable students and teachers to use the Service, including: student name(s) or nickname(s), student grade level(s), teacher name(s) and teacher e-mail address(es). We also collect performance results and usage metrics generated from students’ use of the Service. Only school administrators and teachers can access student information and metrics, and teachers can only access information related to their students. We do not collect Personal Information directly from students.

Use of Anonymous Information. We may use Anonymous Information (as defined below), or disclose it to third party service providers, to provide and improve the Service. "Anonymous Information" means information which does not enable identification of an individual user, such as aggregated information about use of the Service.

Web Tracking Information: We, and our third party service providers, may use web tracking technologies such as cookies, pixel tags and clear GIFs in order to operate the Service efficiently and to collect data related to usage of the Service. Such collected data (“Web Tracking Information”) may include the address of the websites you visited before and after you visited the Service, the type of browser you are using, your Internet Protocol (IP) address, what pages in the Service you visit and what links you clicked on, and whether you opened email communications we send to you. In order to collect Web Tracking Information and to make your use of the Service more efficient, we may store cookies on your computer. We may also use web tracking technologies that are placed in web pages on the Service or in email communications to collect information about actions that users take when they interact with the Service or such email communications. We do not correlate Web Tracking Information to individual user Personal Information. Some Web Tracking Information may include data, such as IP address data, that is unique to you. You may be able to modify your browser settings to alter which web tracking technologies are permitted when you use the Service, but this may affect the performance of the Service.

Log Files. When users visit our Site, Kinems gathers certain information automatically and stores it in log files. This information includes Internet Protocol (IP) addresses, browser type, Internet Service Provider, referring/exit pages, operating system,and date/time stamp. We use this information to monitor the usage of our Site. Also, when we send e-mails to you, we may be able to identify information about your email address,such as whether you can read graphic-rich HTML emails. We use this information not to identify individual users, but to analyze trends, administer the Site, track users' movements around the Site, and gather demographic information about our user base as a whole which provides us with the ability to determine aggregate information about our user base and usage patterns. We may, in some circumstances, need to review this automatically collected data in combination with specific registration information to identify and resolve issues for individual users.

Cookies. The Kinems Site also uses cookies to enhance the browsing experience on the Site. A cookie is a small text file or record that is stored on a user's computer when you visit the Site, which collects information about your activities on the Site. The cookies transmit this information back to the computers at Kinems; these computers are, generally speaking, the only computers which are authorized to read such information. The information captured makes it possible for us to: (i) speed navigation, and provide you with custom tailored content; (ii) remember information you give to us, so you don’t have to reenter it each time you visit the Site; and (iii) monitor total number of visitors to the Site and pages viewed. You can choose to have your browser warn you every time a cookie is being sent to you or you can turn off cookie placement. By not using cookies, your overall internet browsing experience will be affected.

User Data: “User Data” is that data -- other than Personal Information -- that school districts provide us regarding or related to their students who are using the Kinems Platform. We store User Data in order to provide the Service. If User Data includes any personally identifiable information or Protected Health Information, we will collect, store, use and disclose that information in the same way that we collect, store and use any User Data.

How Do We Use the Information We Collect?

Personal Information Generally: We will use and store your Personal Information for the purpose of delivering the Service, and to analyze and enhance the operation of the Service. We may also use your Personal Information for the internal operational and administrative purposes of the Service.

Personal Information from Schools: We only use Personal Information of students and teachers that has been provided to us by our school customers to make the Service available to those students or teachers, and to provide related reports to the applicable school district, teachers and administrators, and to improve the content and effectiveness of the Service.

Web Tracking Information: We use Web Tracking Information to administer the Service and to understand how well our Service is working, to store your user preferences, and to develop statistical information on usage of the Services. This allows us to determine which features visitors like best to help us improve our Service, to personalize your user experience, and to measure overall effectiveness.

Aggregate and De-Identified Information Generally: We will also create statistical, aggregated and/or de-identified data relating to our users and the Service for analytical purposes. Aggregated and/or de- identified data is derived from Personal Information and User Data but in its aggregated and/or de- identified form, it does not duplicate or reveal any User Data or relate to or identify any individual. This data is used to understand our customer base and to develop, improve and market our services. Aggregate and De-Identified Information from Schools: We use aggregated, de-identified student data for core product functionality and to improve the Services. We do not attempt to re-identify de- identified student data and take reasonable measures to protect against the re-identification of its de- identified student data.

Customer Testimonials: We may post customer testimonials on our Site, and may use testimonials in other formats consistent with consent received. Customer testimonials may contain personally identifiable information. We may use your Personal Information to contact you to obtain a testimonial and obtain your consent via email or agreement sent via fax, pdf or mail prior to using such testimonial and/or using your name along with your testimonial.

Legal Exception: Notwithstanding the above, we may in any event store and use Personal Information and User Data to the extent required by law or legal process, to resolve disputes, to enforce our agreements (including this Privacy Policy) with you, or if in our reasonable discretion use is necessary to protect our legal rights or to protect third parties.

Email Communications: If you register and provide your email address, we will send you administrative and promotional emails. If you wish to opt out of promotional emails, you may do so by following the “unsubscribe” instructions in the email, or by editing your account settings as described below. All users receive administrative emails, and so you cannot opt out of them while you remain registered.

What Information Do We Disclose to Third Parties?

Personal Information and User Data: We will not disclose your Personal Information or User Data to any third parties except as follows:

to third party contractors engaged to provide services on our behalf (“Contractors”), such as performing marketing, analyzing data and usage of the Service, hosting and operating the Service or providing support and maintenance services for the Service, or providing customer service. We enter into agreements with all Contractors that require Contractors to use the Personal Information they receive only to perform services for us.

for school customers, we disclose Personal Information and User data of students and teachers using the Service to applicable teachers and administrators, solely to provide the Services to those students and teachers. We do not display advertisements within the Service, nor do we disclose student information for any advertising purpose.

when we have your consent to share the information.

Web Tracking Information: We disclose Web Tracking Information to Contractors, in order to analyze the performance of the Service and the behavior of users, and to operate and improve the Service.

Aggregate Information: We may disclose aggregated data that does not contain Personal Information or User Data to third parties, such as potential customers, business partners, and funding sources, in order to describe our business and operations.

Network Operators: Use of the Service may involve use of the services of third party telecommunications carriers. Such carriers are not our contractors, and any information that a carrier collects in connection with your use of the Service is not “Personal Information” and is not subject to this Privacy Policy. We are not responsible for the acts or omissions of telecommunications carriers.

Additional Disclosures: We reserve the right to disclose any information we collect in connection with the Service, including Personal Information, to: (a) any successor to our business as a result of any merger, acquisition, asset sale or similar transaction; and (b) any law enforcement, judicial authority, or governmental or regulatory authority, to the extent required by law or if in our reasonable discretion disclosure is necessary to enforce or protect our legal rights or to protect third parties.

Access and Retention of Personal Information

Upon the written request of a school customer or within a reasonable amount of time after (a) the termination of a customer’s contract with us or (b) inactivity of a customer in using the Service, we will remove all Personal Information related to students, teachers and administrators associated with such customer. We remove backed-up data in accordance with our standard data retention practices. In the event we are required to restore backed-up data, we will purge all Personal Information not currently in use from the restored back-ups. We will remove or correct Personal Information of students whose schools are our customers at the request of their parents, teachers or school administrators; removal will, however, limit students’ ability to use the Service.

Privacy Settings/Opt Out

If you would like your Personal Information permanently removed from our database, please contact us at privacy@kinems.com. We will promptly delete your Personal Information and you will no longer receive email from Kinems. Your removal from the mailing list or database will not remove data you have submitted to us or records of past use of the Service, nor delete information stored in our data backups and archives. Such data will be maintained and/or deleted in the ordinary course of Kinems’ business.

California Online Privacy Protection Act Notice

On September 27, 2013, California enacted A.B. 370, amending the California Online Privacy Protection Act to require website operators like us to disclose how we respond to "Do Not Track Signals"; and whether third parties collect personally identifiable information about users when they visit us.

(1) We do not track users who do not interact with our sharing functionality across the web, and therefore do not use "do not track" signals.

(2) We do not authorize the collection of personally identifiable information from our users for third party use through advertising technologies without separate member consent.

California Civil Code Section 1798.83 also permits our customers who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@kinems.com. Please note that we are only required to respond to one request per customer each year.

General

Security: We use reasonable security precautions to protect the security and integrity of your Personal Information in accordance with this policy and applicable law. The Service is hosted in a cloud environment and the hosting provider implements network-level security measures in accordance with industry standards. However, no internet transmission is completely secure, and we cannot guarantee that security breaches will not occur. Without limitation of the foregoing, we are not responsible for the actions of hackers and other unauthorized third parties that breach our reasonable security procedures.

Links: The Kinems Service may contain links to other websites. Kinems is not responsible for the privacy practices or the content of those websites. Users should be aware of this when they leave our Site and review the privacy statements of each third party website. This Privacy Policy applies solely to information collected by the Service. We encourage our users to read the privacy policies of these other web sites before proceeding to use them.

Amendments: Kinems may modify or amend this policy from time to time. If we make any material changes, as determined by Kinems, in the way in which Personal Information is collected, used or transferred, we will notify you of these changes by email and by posting a modified version of this Privacy Policy on our website. Notwithstanding any modifications we may make, any Personal Information collected by Kinems from you will be treated in accordance with the privacy policy in effect at the time information was collected, unless we obtain your consent otherwise.

Children: Kinems does not knowingly collect or maintain personally identifiable information from persons under 13 years of age, and no part of the Service is directed to be used by persons under 18 without verifiable parental consent. If you are under 18 years of age, then please do not use the Service other than under the direction of your parent or guardian. If Kinems learns that personally identifiable information of persons less than 13 years of age has been collected without verifiable parental consent, then Kinems will take the appropriate steps to delete this information. To make such a request, please contact us at privacy@kinems.com.

Service Visitors from outside the United States: Kinems is a cloud-based standalone application and its servers are located in the United States and are subject to the applicable state and federal laws of the United States. If you choose to access or use the Service, you consent to the use and disclosure of information in accordance with this privacy policy and subject to such laws. For users outside the United States, please note that any data or personal information you provide to the services or Site will be transferred out of your country and into the United States. You warrant that you have the right to transfer such information outside your country and into the United States.

Effective Date of this Policy: January 14, 2016