Privacy Policy

Last updated 12/15/16

Introduction

Evaluate Progress LLC ("Evaluate Progress," "we," “our,” "us") provides a platform called Evaluate Progress for principals, chief executive officers, school administrators, educators, teachers, and staff ("User(s)") to manage observations, performance, and professional development ("Service"). Users access Evaluate Progress at http://www.evaluateprogress.com (the "Site") and store observation data, notes, documents, and users' personal information when using the Site.

We provide this privacy policy ("Privacy Policy") to not only inform you of our policies and procedures regarding the collection, use, and disclosure of the personal information and evaluation observation data we receive from users of the Site, but to detail our commitment to safeguarding this information. This Privacy Policy applies only to information that you provide to us through this Site.

This Privacy Policy may be updated from time to time. We will update the "Last updated" date at the top of this Privacy Policy when ever changes are made. We advise you to consult this policy regularly for any changes and to contact us with any questions. If material or substantial changes are made to this policy, we will provide express notice to you.

Unless otherwise defined in this Privacy Policy, terms used here have the same meanings as in our Terms and Conditions ("Terms"). The terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis, and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, and disclosing information within our organization.

The Information We Collect

Personally Identifiable Information

When you register with us through the Site as a User, we will ask you for Personal Information. This Personal Information includes, but is not limited to, your name and email address. Other Personal Information we collect depends on whether you are an educator or administrator. For example, if you are an Educator, we may ask you to provide the grade or classes you teach. If you are an Administrator, we may ask you to provide your title, phone number, and fax number. Other Personal Information may include employee identification numbers and addresses for educators and administrators. We do not collect any personal information from students.

We also collect other information that you provide as part of registration and the administration and personalization of your profile (e.g., without limitation, individual preferences and user image or avatar) as well as the information sent by your browser when using Evaluate Progress (e.g., without limitation, your IP address and browser version) ("Non-Identifying Information").

We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service and administer your inquiries. We may also use your Personal Information (e.g., your email address) to contact you with Site notifications.

Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (e.g., combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (e.g., your viewing preferences).

Who Owns This Data?

You as an Evaluate Progress User own your Personal Information on Evaluate Progress. You may edit it or remove it through the service. (Please see the section below on deleting your information.)

Observation Data

To provide the Service we collect and store all of the observation data you input into Evaluate Progress. This includes, without limitation, observation notes and summaries, ratings, goals, next steps, letters-to-file, dates and times, descriptions of classroom environments, audio and video recordings of classroom environments and observations, teaching and assessment standards, classroom materials and documents you upload, and photos you upload to the Site ("Observation Data").

Observation Data is only accessible by the Users of your school. Only educators and administrators may access the Observation Data of an educator; in other words, if you are an educator, no other educators may see your Observation Data outside your school.

As with your Personal Information, we treat Observation Data with the highest level of confidentiality and data security. We understand the sensitivity of this information and will not share it with any unauthorized individual, entity, or third party.

You agreed in our Terms and Conditions to license this data to us and to provide your organization with access to your Observation Data. This means that your school, district, network, or organization paying for your Evaluate Progress Account ("Your Organization") has the right to use, view, copy, save, and alter all observation data that you and other Users in your school and/or district enter into Evaluate Progress.

More specifically, Your Organization has the right to preserve any Observation Data you and other Users of your school, district, or organization enter into Evaluate Progress, and to use it for any other purpose they desire. You may of course create, view, and edit your Observation Data at any time while you have an Evaluate Progress Account, but if you leave your school or district, and your account is deactivated by Your Organization, you will no longer have access to any Observation Data stored in Evaluate Progress. This applies to data you have inputted, like self-reflections, as well as data about you, like observation feedback you received.

If you need access to Observation Data and you no longer have an active Evaluate Progress Account, you will need to contact Your Organization.

Usage and Tracking Data

As you browse and use the Site as either a non-registered user or User, we may also collect a variety of non-identifying usage data, such as the pages you browse, how long you stay on them, which site you came from, browser data and IP address, and other objective data on how you interact with the site ("Log Data"). We use this information to monitor and analyze use of the Site and the Service and for the Site's technical administration, to increase our Site's functionality and user-friendliness, and to better tailor it to our users' needs.

While Evaluate Progress attaches your Personal Information to Log Data that is stored in our own databases for our own internal use, no personally identifiable information is ever stored or shared with any third party site tracking service, such as Google Analytics.

We own all Log Data that we collect while you browse and use the Site.

Cookies

Like many websites, we, or our third party service providers on our behalf, use "cookies" to collect information. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. We use cookies for two purposes: first, we utilize persistent cookies to save your email address and login password for future logins to the Site; second, we utilize session ID cookies to enable certain features of the Site, to better understand how you interact with the Site, and to monitor aggregate usage by users and web traffic routing on the Site. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site and Service and then close your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Service.

You own any cookie that we save to your browser or system, and may delete them (and any cookie) at any time. Deleting a cookie may affect your usage of the Site and will log you out, and we may also retain any or all of the information we store in the cookie(s) we create for you.

When We Share and Disclose Information

Generally, most of the information that we gather about you and our users will be used for our internal purposes only. At times we may share information regarding your use of our Site with your school, school district, or the group through which you were provided access to our Site, and your Observation Data and account information is accessible by you and the administrators within your school and/or district as outlined above. We will never share any Personal Information or other personally identifying information to any third party without your or your administrator's express consent.

Evaluate Progress Users

We share certain information on the Evaluate Progress Service as a necessary function of the Service. Only Evaluate Progress Users may log in and access the Evaluate Progress Service. The Service is not publically accessible and currently only authorized for paying customers. Additionally, your Personal Information and Observation Data is only accessible by you and your school administrators who are Evaluate Progress Users, and it is only accessible through the Evaluate Progress Service.

As a User, we will display your Personal Information in your account page and elsewhere on the Site to the extent Observation Data is collected and inputted by you or about you. Your Personal Information is available on your profile page and in any observation or goal you are connected with. As outlined above, Observation Data entered by you or about you is accessible by you and the administrators within your school.

Data Storage Providers

We store all of our data and host Evaluate Progress at secure off-site facilities managed by industry-leading SmarterASP.NET at their datacenters in Monterey Park, CA. User passwords are also encrypted and all data stored with SmarterASP.NET on their computers is secured behind a firewall.

We make regular backups of the Evaluate Progress databases and settings. These backups are stored at SmarterASP.NET and in our own secure hard drives in Monterey Park, CA not connected to the internet and not available to the public.

Service Providers

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site-related service (e.g., without limitation, maintenance service, database management, web analytics, and improvement of the Site's features) or to assist us in analyzing how our Site and Service are used. These third parties may have access to your Personal Information only to perform these discrete tasks on our behalf and are obligated not to disclose or use it for any other purpose. We will never authorize them to save or store this information outside the scope of these tasks on our behalf and the duration of our engagement.

Data Exporting and Reporting

Certain Evaluate Progress Users who are school administrators may desire their school's observation data to be exported from the Evaluate Progress Service. The Evaluate Progress Service contains export tools to enable the export of Personal Information and Observation Data into a downloadable pdf or Excel file. This type of data export is always initiated by an Evaluate Progress User with an administrator account with his or her school; we merely facilitate the export and transfer of this data for authorized purposes. Once exported, the file export becomes located and stored on the Users local hard drive.

If you are Evaluate Progress User with an educator account and your school requires the export of your data to a district or third-party application, all of your Personal Information and Observation Data exported by your school administrator(s) is securely transferred by Evaluate Progress, never shared with an unauthorized party, and is only exported at the express consent of your school administrator(s) for official reporting or export purposes. Once exported, the exported data becomes the sole responsibility of the User.

Compliance with Laws and Law Enforcement

Evaluate Progress cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal processes (including but not limited to subpoenas); to protect the property and rights of Evaluate Progress or a third party; to protect the safety of the public or any person; or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.

Changing or Deleting Your Information & Choices

Only the Principal, Chief Executive Officer, and Administrative Designee may review, update, correct, or delete the Personal Information in their account profile through the Site. If you completely delete all such information, then your account may become deactivated.

You may also delete Observation Data, goals, next steps, discussions, and documents you upload to the Site. For observations and forms, this means any form in which you are the sole author/observer. For all other observations (including, by way of example, observations completed about you or for which you are co-author), all authors/observers must request deletion of the observation data.

For privacy and data security reasons, when you request data deletion, we will permanently delete this data and, as such, there will be no way to retrieve data once you have confirmed that you want to delete it.

If you do not renew your Evaluate Progress subscription, any data retained by Evaluate Progress will be deleted after 14 days.

Security

We place the highest priority on safeguarding your information. The security of your Personal Information and all of the Observation Data you store and access on Evaluate Progress is extremely important to us. No method of transmission over the Internet, or method of electronic storage, however, is 100% secure. Therefore, while we strive to use the latest and most secure forms of protection for your personal information and data—including password encryption, secure server layer software (SSL), robust authorization procedures, and firewalls to protect against unauthorized access—we cannot guarantee its absolute security. We also require you to enter a password to access your account information—please do not disclose your account password to unauthorized people.

We will make all legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

Our Policy Toward Children

The Site and Service are not intended for use by persons who are 13 or younger. Any access to or use of the Site or Service by anyone 13 or younger is expressly prohibited.

We will not make the Site and Service available to persons who are 13 or younger, and you are prohibited from inviting or permitting persons who are 13 or younger to join Evaluate Progress, unless a written agreement is in place between Evaluate Progress and the school or school district you work for permitting us to collect personal information from students for the use and benefit of the school or school district in compliance with the Children's Online Privacy Protection Act (COPPA).

Likewise, student information—including personally identifiable information, student assessment data, and student observation data—may not be uploaded or incorporated into the Service or User Content unless a written agreement is in place between Evaluate Progress and the school or school district you work for permitting us to collect and incorporate personal and assessment information from students for the use and benefit of the school or school district, in compliance with the Children’s Online Privacy Protection Act (COPPA) and Family Educational Rights and Privacy Act (FERPA). The school and User are solely responsible for their compliance with FERPA in all regards to their use of the Service.

If a parent, guardian, or school official becomes aware that his or her child or student has provided us with Personal Information without their consent—voluntarily or involuntarily—he or she should contact us at support@EvaluateProgress.com . If we become aware that a person under 13 has provided us with Personal Information or that such information has been incorporated into the Service or User Content without a written agreement, we will take measures to delete such information from our files immediately.

Digital Millennium Copyright Act

If you are a copyright owner or the agent of a copyright owner and you believe that any content or link on the Site infringes upon your copyrights, you may submit a notice pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent the following information in writing:

· Your physical or electronic signature;

· Identification of the copyrighted work(s) at issue;

· Identification of the material that you claim is infringing that copyrighted work, with specific internal URLs sufficient to permit us to locate that material;

· Information to permit our DMCA agent to contact you, including address, telephone number and email address, together with a statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and

· A statement that the information in the notification is accurate, and that, under penalty of perjury, you are either the owner or that you are authorized to act on behalf of the owner of the copyright you allege to be infringed.

You acknowledge and agree that if you fail to comply with all of the requirements listed, your DMCA notice may not be valid. DMCA notices should go to our DMCA Agent:

Evaluate Progress LLC

Address: 1755 77^th Street, Brooklyn NY 11214

Email address: copyrightagentevaluateprogress@gmail.com

Questions or Concerns

For more on what we do or to contact us with concerns or questions, please send us an email at support@EvaluateProgess.com or contact us by mail at:

Evaluate Progress LLC

Address: 1755 77^th Street, Brooklyn NY 11214