EPS Operations, LLC (“EPS,” “we,” “our,” or “us”) is committed to protecting your privacy. This Privacy Policy explains our practices in connection with personal information we receive through certain software applications and the accompanying services provided to educational institutions and educators by EPS (the “Services”). This Privacy Policy applies to coachdigital.com, compass.coachdigital.com, catchupcoach.coachdigital.com, and any other website operated by EPS that links to or displays this Privacy Policy (collectively, “Website(s)”).

Please Note: This Privacy Policy does not apply to EPS’ e-commerce website or services.

While this Privacy Policy describes how we treat personal information, please be aware that additional terms and conditions may apply to the Website you are visiting and any products we offer. For example, the EPS End User License Agreement may apply depending on which Website you are using.

1. STUDENT INFORMATION

We provide Services that schools and parents use for educational purposes. When we act as a vendor to educational agencies and institutions, we do so in accordance with the Family Educational Rights and Privacy Act. We may collect the following information from students: name, email address, date of birth, username, assigned ID number, school enrollment, district ID, state ID, grade level, homeroom, scheduled courses, course performance sources, learning style, the names of the students’ teachers, language information, any student work that is submitted to our Websites or Services, and information regarding how each student uses our Websites or Services, including the information described in Section 3 below (collectively “Student Information”).

Some of our Services collect Student Information from children under the age of thirteen, when the students interact with those Services. When we collect information from children under the age of thirteen, we do so in compliance with the Children’s Online Privacy Protection Act of 1998.

We only use Student Information as we are authorized to by the applicable educational institution or agency or a parent/guardian. When we collect Student Information, we take additional steps to protect students’ privacy, including:

• Notifying educational institutions or parents about our information practices with regard to our privacy practices with regard to children;
• In accordance with applicable law, obtaining consent from educational institutions or parents for the collection of personal information from children, or for sending information about our Services directly to children; and
• Limiting our collection of personal information from children to no more than is reasonably necessary to participate in the Services.

2. WHAT PERSONAL INFORMATION WE COLLECT

In addition to the Student Information described above, we may collect and process the following personal information about parents or educators when they use our Services (“Parent and Educator Information”):

(a) Information and identifiers about parents and educators. This includes name, email address, and date of birth. If a parent or educator registers for an account on a Website, we will collect information about their account, including their username and their assigned ID number to use our Services.

(b) Education information of parents and educators. We collect information regarding the school a parent or educator is affiliated with, the local district ID, the state ID, and whether you are a parent or educator.

(c) Our interactions with parents and educators. We may keep a record of any interactions and correspondence between us such as calls made to our customer support services, online chat conversations with our customer support services, and any interactions parents or educators may have with our representatives.

(d) Information relating to parents’ and educators’ use of our Services or Websites, including their internet and network activity. When parents or educators access our Services or Website, we will automatically collect information that is necessary for us to provide the Websites or Services, including an IP address, which is a number assigned to your device when you connect to the internet. In addition, our web servers may log the type of browser, type of computer, device ID, and geolocation.

3. OUR USE OF COOKIES AND OTHER SIMILAR TECHNOLOGIES TO COLLECT INFORMATION AUTOMATICALLY

EPS uses a variety of technologies on Websites that collect information automatically, including cookies, pixels, web beacons, and logging. These technologies make our Websites more functional for users. Like most websites, our Website uses small data files stored on a user’s computer or mobile device called cookies. Cookies consist of two different types: session and persistent. Session cookies enable us to recognize a user’s actions during the browsing session, are temporary, and expire and are not stored after a browser is closed. Persistent cookies remain stored on a device after a browser is closed until they expire or a user deletes them.

Cookies and web beacons (typically a one-pixel image) are used to pass information from a user’s computer or mobile device to our Website, and enable us to provide our Services and to improve our Website design by:

• Remembering you when a user returns to visit a Website;
• Identifying the pages a user clicks on during your visit to a Website;
• Identifying the name of the website a user visited immediately before traveling to a Website; and
• Helping track whether our communications are reaching our users, measuring their effectiveness, and allowing us to better design future communications.

Some of these cookies are strictly necessary to the access and operation of the Website, and others are non-essential to the access and operation of the Website. We may contract with third parties who may use cookies and web beacons and collect information on our behalf, but under no circumstances are those third parties allowed either to build a personal profile of a student other than as authorized by an educator or parent or to use Student Information for behavioral advertising.

4. SOURCES OF INFORMATION.

EPS collects the information described above from educators, parents, students, educational institutions we work with, our service providers and suppliers, data analytics providers, and our affiliates.

5. USE OF PERSONAL INFORMATION.

In accordance with our contractual obligations and applicable laws regarding Student Information, EPS only uses Student Information:

• To provide and improve our Websites and Services;
• As authorized by any applicable educational institution or agency;
• To enforce legal obligations related to the Websites or Services;
• In the event of a sale, merger, or re-organization provided the information is used for the same purposes as set out in this Privacy Policy; and
• To comply with law.

For Parent and Educator Information and any other non-Student Information, EPS may use that personal information for the purposes described below. EPS may also use Student Information and Parent and Educator Information for any additional purpose that a parent or educator consents to or that EPS notifies you of at the time of collection. EPS does not sell any personal information of students, parents, or educators to third parties. Please note personal information will be collected, transferred to, and stored by us in the United States.

(a) To provide our Services. To enable the purchase of our Services, to supply or distribute Services and Websites, to set up or verify an account, to provide customer service, and to enable us to identify a user of our Services or Websites.

(b) To communicate effectively with our customers and conduct our business. To provide our customers with administrative emails, to correspond with users when they register to receive information, and to inform our customers of changes to this Privacy Policy, our Services, or applicable terms and conditions.

(c) To monitor certain activities. We monitor the use of our Services and Websites, including users’ movements around the Websites, the date and time of your visit, details of the information collected through cookies, and other tracking methodologies. We sometimes monitor activities as part of our compliance procedures, to secure our Websites, and to combat fraud. We may also collect limited geolocation data based on a user’s IP address.

(d) To comply with our legal obligations and enforce our rights. To comply with our regulatory requirements, conduct audits, communicate with regulators, protect EPS’ or a third party’s rights, and enforce our contracts, which may include disclosing your personal information to third parties, the court service, attorneys, regulators, or law enforcement agencies in connection with inquiries, proceedings, or investigations by such parties anywhere in the world or where compelled to do so.

(e) In connection with a sale, merger, or reorganization of our business. If we undergo a sale, merger, or reorganization, we may need to transfer personal information to a third party or its advisors as part of any due diligence process for the purpose of analyzing the proposed sale, merger, or reorganization or after the sale, merger, or reorganization for the same purposes as set out in this Privacy Policy.

6. WITH WHOM THE PERSONAL INFORMATION MAY BE SHARED.

If a student, parent, or educator uses our Services in connection with a particular educational institution or agency, we will provide the Parent and Educator Information and Student Information to the associated educational institution or agency. We may also disclose Parent and Educator Information and Student Information as described in the below table. Except as described in this Privacy Policy, EPS will not knowingly disclose or authorize the disclosure of Student Information to any third party unless: (1) we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may have breached the terms and conditions of a Website, or who may be causing injury to or interference with (either intentionally or unintentionally) EPS’ rights or property, other Website users, or anyone else who could be harmed by such activities; (2) we believe in good faith that the law requires it; or (3) a parent or educator has consented to the disclosure. We require all third parties that we share Student Information with to respect the security of Student Information and to treat it in accordance with the law and this Privacy Policy.

7. RETENTION PERIODS.

Our retention periods for personal information are based on business needs and legal requirements. We will retain your personal information for as long as your account is active and as long as is necessary to provide Services to the educational institution or agency that your account or your student’s account is associated with. Where personal information is no longer needed, we either irreversibly anonymize the data (in which case we may further retain and use the anonymized data) or securely destroy the data.

8. PRIVACY RIGHTS.

Parents, educators, and students may have certain rights relating to their personal information subject to local data protection laws. Depending on the applicable laws and under certain conditions, individuals may have the right to:

• Ask us to provide them with further details or a brief summary on how we use and process personal information;
• Ask us to provide them with a copy their personal information that we hold;
• Ask us to update any inaccuracies in their personal information we hold;
• Ask us to delete their personal information we no longer have grounds to process;
• Ask us to electronically transmit their personal information to a third party;
• Restrict how we process their personal information while we consider an inquiry they have raised; and
• Make a complaint to their local government or regulatory authority related to their privacy rights.

These rights are subject to certain exemptions, including without limitation to safeguard the public interest (e.g., the prevention or detection of crime) and our interests (e.g., the maintenance of legal privilege).

To exercise any privacy rights described above, please submit a verifiable request to us by either:

• Calling us at 800-225-5750 and selecting Option 5; or
• Emailing us at epsinfo@schoolspecialty.com.

Only the individual themselves, or a person or entity that they authorize to act on their behalf, may make a verifiable request related to the individual’s personal information. A parent may also make a verifiable request on behalf of their child. If someone makes a request on behalf of another person, they may be required to provide written legal documentation that they are authorized to act on behalf of that other individual. We may not be able to fulfill a request or provide personal information if we cannot verify a requestor’s identity or authority to make the request. To verify a requestor’s identity, we may request up to three pieces of personal information about the requestor, and we reserve the right to take additional steps as necessary to verify a requestor’s identity if we have reason to believe a request is fraudulent. We will respond to most requests within one month.

9. LINKS TO OTHER WEBSITES.

Users may be linked or directed to other third-party websites that are beyond EPS’ control while using our Websites or Services. Each of these third parties may have a privacy policy different from that of EPS. EPS is not responsible for any actions or policies of such third parties. Users should review the applicable privacy policies of these third-party websites before providing personal information to those third parties.

10. SECURITY.

We recognize how important it is to protect personal information, whether we interact with someone online, over the phone, or in-person. We maintain an appropriate security program designed to protect personal information that we collect and hold. Unfortunately, no data transmission (both over the internet or otherwise) can be guaranteed to be 100% secure. As a result, while we strive to protect personal information, we cannot guarantee the security of any information that is provided to us.

11. CHANGES TO THESE TERMS.

We may change this Privacy Policy from time to time and if we make material changes to this Privacy Policy, we will either post notices on this page (or the page on which this Privacy Policy is found) and/or send an e-mail notice to users about such changes if we have a valid email on file for the user.

12. CONTACTING EPS.

Any questions or concerns regarding this Privacy Policy or updates regarding communication preferences can be submitted to us at:

• Address:

  EPS Operations, LLC
  Attn: Privacy Officer
  PO Box 3000
  Nashua, NH 03061-3000
• Phone Number: 800-225-5750 x2
• Email: epsinfo@schoolspecialty.com