Student Privacy at All Levels

3. Web Browser Cookies and Tracking Technologies

Our Site uses “cookies” to enhance the Users’ experience. A User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. Users may choose to set their web browser to refuse cookies or to alert them when cookies are being sent, though this may result in some parts of the Site not functioning properly.

Third-Party Tracking and Analytics:

We use Google Analytics solely to collect aggregate, non-personal identification information (such as how often users visit the Site and what pages they visit) to help us improve our platform's functionality and user experience. We do not use Google Analytics—or any other tracking technology—to build user profiles for commercial purposes, nor do we use it to display targeted or commercial advertising to students. For more information on how Google collects and processes data, please visit www.google.com/policies/privacy/partners/. Users who wish to opt out of Google Analytics tracking can do so by installing the Google Analytics Opt-out Browser Add-on.

6. Sharing Your Personal Information

We do not sell, trade, or rent Users' personal identification information to others.

We may share generic aggregated demographic information not linked to any personal identification information.

We may disclose and share personal information only under strict confidentiality agreements with:

1. Our group companies or any entity which acquires any part of our business.
2. Service providers (including suppliers who develop or host our sites, and analytics providers like Google Analytics who assist us in improving the Site).
3. Single sign-on providers that you use to access our software.
4. Roster services that you use to update your student and teacher rosters.
5. Third parties, if required or permitted by law.

7. Property and Control of Student Data

All student records and data continue to be the property of, and under the control of, the local educational agency or school district.

• Students can access, print, and otherwise retain any student-generated content through their accounts.
• Parents/Guardians can access their student's MobyMax data, such as progress, lessons completed, and time spent, through the platform.

8. Data Retention and Contract Termination

MobyMax adheres to strict data minimization practices.

• Upon Request: Upon receipt of a written request from the User or school district, MobyMax will securely delete or de-identify Student Records in its possession within 60 days.
• Account Control: At any point, teachers or administrators are able to soft-delete or permanently delete student accounts and data.
• Inactive Accounts: If a school or district contract expires and is not renewed, MobyMax will securely delete or de-identify associated student records within a standard data retention period, typically not exceeding 90 days after contract termination. Data that has been completely anonymized may be retained by MobyMax for product improvement.

9. Your Privacy Rights

Depending on your jurisdiction and your role (e.g., parent, teacher, or administrator), you possess specific rights regarding your personal data:

• Right to Access/Know: You have the right to request a copy of the personal data we have collected about you.
• Right to Correct/Rectify: You have the right to correct any inaccurate or incomplete personal data. Users can correct erroneous information directly within their account portals or by contacting support.
• Right to Delete/Erasure: You may request the deletion of your personal information.
• Right to Data Portability: You have the right to request your data in a structured, commonly used format.

To exercise these rights, please email support@mobymax.com. We will acknowledge your request within 10 business days and aim to fulfill it within 30 days. (Note: Requests regarding student data linked to a school district must often be routed directly through the school district).

10. State-Specific Privacy Disclosures (CCPA/CPRA, VCDPA, etc.)

While student data is governed by FERPA and exempt from comprehensive state privacy laws, the data of our adult Users (teachers, administrators, and parents) is protected. If you reside in states with comprehensive privacy laws (such as California, Virginia, Colorado, Texas, etc.):

• We do not "sell" or "share" your personal information, as those terms are defined under laws like the CCPA/CPRA, including for cross-context behavioral advertising.
• You have the right to appeal any decision we make regarding your data privacy requests by contacting our support team.

11. International Users (GDPR and UK-GDPR)

MobyMax primarily serves users in the United States. However, for Users accessing our platform from the European Economic Area (EEA) or the United Kingdom:

• Lawful Basis: We process your personal data based on the fulfillment of a contract (providing educational services to your school), legitimate interests (improving our platform), or your explicit consent.
• Data Transfers: Data collected is hosted and processed in the United States. By using our Site, you acknowledge the transfer of your data to the U.S., safeguarded by Standard Contractual Clauses or equivalent legal mechanisms.

12. Security and Breach Notification

We adopt appropriate, industry-standard data collection, storage, and processing practices, and security measures (including encryption) to protect against unauthorized access, alteration, disclosure, or destruction of your personal information.

In the event of a breach or unauthorized disclosure of student records subject to applicable federal or state law, MobyMax will:

• Take prompt steps to mitigate further breach or release of records.
• Provide notice to the affected User (school/district) promptly and without unreasonable delay.
• Work with the affected User to provide information and assistance necessary to notify parents, legal guardians, or students as required by law.

13. Changes to this Privacy Policy

We may update this Privacy Policy at any time. When we do, we will revise the "Effective Date" at the top of this page. Your continued use of the Site following the posting of changes will be deemed your acceptance of those changes.

14. Contacting Us

If you have any questions about this Privacy Policy, your privacy rights, or your dealings with this Site, please contact us:

Email: support@mobymax.com

Phone: 1-888-793-8331 (Mon – Wed & Fri: 8:00 AM – 5:00 PM ET; Thu: 8:30 AM – 5:00 PM ET)