Privacy Policy TERMS POLICIES SECURITY Privacy Policy At NuXight, Inc. ("NuXight," "we," "us," "our"), we know you care about how your personal information is used and shared, and we take your privacy seriously. Please read on to learn more about our Privacy Policy. By visiting NuXight's website(s) and all other products, services and applications made available by NuXight from time to time (collectively, the "Services"), you acknowledge that you accept the practices and policies outlined in this Privacy Policy. By using the Services, you are consenting to have your personal data transferred to and processed in the United States. All capitalized terms that are not defined in this Privacy Policy shall have the meaning given to them in the Terms of Use. In this Policy, “Personal Information” means any information about an identifiable individual or information that can be used to identify an individual, and includes “Personal Data” as that term is defined under the GDPR. Your privacy is very important to us. This policy tells you how your Personal Information is used when you use NuXight’s Services. By using NuXight, you acknowledge that you’ve read and accepted these policies. What does this privacy policy cover? This Privacy Policy explains how NuXight collects, uses, and discloses information from you and other users who access or use the Services, including our treatment of Personal Information. Also, this Privacy Policy covers NuXight's treatment of any Personal Information that Organizations share with us, or that you provide to NuXight through another third party website or service while using the Services. This policy does not apply to websites, services or practices of companies that we do not own or control, even if they help us operate our Services. Third party providers who do help us operate our Services must adhere to privacy and security obligations in a manner consistent with NuXight's policies and practices. In other words Here's what this policy covers: all information that you provide to us and that we collect while you're using NuXight. This policy doesn't cover third party companies that we don't control but who help us operate our service. Those third party companies must adhere to privacy and security obligations in a manner consistent with NuXight's policies and practices. Keep reading, there's more about this later! How is children's Personal Information treated? We have included some information below related to the Children's Online Privacy and Protection Act ("COPPA"). COPPA requires that online service providers obtain parental consent or provide notice before they knowingly collect personally identifiable information online from children who are under 13 ("under-13 users"). NuXight relies on Organizations to obtain verifiable parental consent to provide our services to under-13 users. Pursuant to COPPA, we may collect an under-13 user's name (first name and last initial), date of birth, gender, email address and/or telephone number in order to operate and provide the Services, and we may collect the under-13 user's parent's (or legal guardian's) email address and/or phone number in order to provide notice to the child's parent or guardian that we may contact the under-13 user for the purpose of allowing access to and use of the Services. If an under-13 user's NuXight account is inactive for at least twelve months (meaning, the account has not received a message through the Services in that period of time), NuXight's policy is to delete the Personal Information. If we learn we have collected Personal Information from an under-13 user other than pursuant to the above, or if we learn that an under-13 user has provided us Personal Information beyond what we request from him or her, we will delete that information as quickly as possible after we have identified it. If you believe that an under-13 user may have provided us Personal Information in violation of this paragraph, please contact us at report@NuXight.com. In order for an under-13 user to gain access to additional features or services, NuXight may employ one or more methods approved by the Federal Trade Commission for verifying parental consent. While COPPA requires NuXight to follow these procedures for under-13 users in the United States, NuXight employs the same process to obtain consent for users under 13 years old for users in Canada. In other words NuXight collects limited Personal Information from children under-13, and we rely on Organizations to obtain the consent of each child's parent when collecting this information. If we do not have an email address and/or phone number of a legal guidance associated with that child's account, we will delete the account. We will also delete the account of any under-13 user that has been inactive for at least a year. Any questions or concerns? Just contact us at privacy@NuXight.com. NuXight collects limited information from children under-13, and we rely on Organizations to get permission from each child's parent when collecting this information. If we don't have a parent's email address and/or phone number associated with their child's account, or if the child's account is inactive after some time, we delete the account. Contact us at privacy@NuXight.com with any questions. What information does NuXight display or collect? When you use the Services, you may set up your personal profile, send messages, perform searches and queries, and transmit information through various channels as permitted by the functionality of the Services. NuXight will not display your personal contact information to other users without your permission. If, however, you utilize NuXight in an organization that has adapted NuXight, we will share your personal contact information solely with such Organizationverified by NuXight. The information we gather from users enables us to attempt to verify user identity, allows our users to set up a user account and profile through the Services, and helps us personalize and improve our Services. We retain this information to provide the Services to you and our other users and to provide a useful user experience. When you update your information, we may or may not keep a backup copy of the prior version for a reasonable period of time. In other words The information you provide to us by creating an account either directly or via an affiliated Organization is used to deliver our service to you. For example, we use this information to attempt to verify your identity and help you create an account on NuXight. We will not share personal contact information to other users on NuXight without your permission. If you use NuXight through your Organization, we will share your contact information with Verified Administrators of the Organization. Information you provide to us We receive and store any information you knowingly enter on the Services, whether via computer, mobile phone, other wireless device, or that you provide to us in any other way. With your express consent, you may be able to upload, import or sync contact information from your mobile device (for example, from your address book) to NuXight. This information may include Personal Information such as your name, phone numbers, email addresses, photographs, and, in certain circumstances, your Organization (which may be used to validate your account or to provide you with notifications via the Services from an Organization ("Notifications"), or any other information necessary for us to provide our Services. For under-13 users, we collect a name, date of birth, gender, district, school, class, email address and/or telephone number, and that under-13 user's parent's email address to provide notice to the parent regarding the Services. You may choose not to provide us with certain information, but then you may not be able to take advantage of many of our features. We use the Personal Information we receive about you to provide you with the Services and also for purposes such as:
If an Organization uploads or adds information about you to your account, you must contact and work directly with that Organization in order to modify or remove that information. If you are no longer affliated with an Organization , you may modify or remove your Personal Information at any time by logging into your account. Information collected automatically We receive and store certain types of information whenever you use the Services. NuXight automatically receives and records information on our server logs from your browser including NuXight cookie information, the page you requested, and other usage information such as your activity on the Services, the numbers and frequency of visitors to our site and its components (similar to TV ratings that indicate how many people watched a particular show). None of this information constitutes Personal Information. Certain information that is collected automatically, such as device ID, IP address and phone number, and browsing information that is associated with a user will be treated as Personal Information. In addition, for users who are students or members of Organizations that use NuXight, NuXight may, with the consent of the Verified Administrator in the Organizations obtain information from a third party Student Information System (SIS) provider, which will include basic directory and class roster information, attendance information, class grades, and similar information that is Personal Information. We also may provide to Organizations aggregate information derived from automatically collected information about how our users, collectively, use our site. We may share this type of non-personally identifiable, aggregated statistical data so that Orgainzations also understand how often people use their services as well as NuXight. In other words There is certain information that we gather automatically when you use NuXight, such as navigation and cookie information. Some of this information is collected and used in an aggregate and anonymized way to help improve our service. If Personal Information is included, we treat it carefully like all other Personal Information. Mobile application When users use our mobile application, we automatically collect the Internet Protocol (IP) address, device ID, device type, and what operating system (OS) the user is running. We collect users' IP addresses whenever they use our mobile application, which provides us with a coarse approximation of the user's location at the city level in order for NuXight to, for example:
We also may, with your express consent, request more specific location information in order to provide you with more relevant information (such as nearby classes or relevant groups that you may subscribe to or interested in). We will not store or track your device location on an ongoing basis or without your permission. We may also collect location-based information from users as part of providing the Services and in order to comply with applicable laws and regulations for the user's jurisdiction.
In other words Email and text message communications If you provide us your email address or phone number, NuXight may send you administrative messages (such as updates, notifications, newsletters, and other news) relating to the Services or to respond to communications from you. NuXight may also send you emergency messages when we are directed to do so by an Organization. By maintaining a NuXight account and/or not opting out of receiving information from NuXight, you acknowledge and agree that you may receive e-mail or SMS text messages on your phone or mobile device from other NuXight users, from NuXight and/or its agents (as described below) and other individuals or companies if you choose to use services or products that they offer. Receiving these messages may cause you to incur usage charges or other fees or costs in accordance with your wireless or data *******service plan. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply. We may receive a confirmation when you open an email from us if your computer supports this type of program. Communications of this type are also sent to under-13 users and the parental consent to use this service also covers these messages. If you no longer wish to receive administrative email messages from NuXight you may opt-out by going into your profile within your account and select the “Unsubscribe” option, or by contacting us at privacy@NuXight.com. Please note that if you do not want to receive legal notices from us, such as this Privacy Policy, those legal notices will still govern your use of the Services, and you are responsible for reviewing the legal notices for changes. If you were enrolled by your Organization, to permanently cease receiving SMS text messages, please contact your Organization to have your profile removed. If you were enrolled directly, please email us at privacy@NuXight.com to request removal If you are located in Canada, you may opt out of receiving marketing messages (including text messages and emails); however, you may still receive text message and email communications that are necessary for the Services or otherwise exempt from anti-spam laws. In other words We may send you administrative messages regarding NuXight. We may also send you emergency messages when directed to do so by appropriate school, school district or government officials. You can learn how to unsubscribe from receiving all messages by clicking here. What about cookies, pixels, and local storage? Cookies are small files that websites place on your computer as you browse the web. Like many websites, NuXight uses cookies to discover how people are using our Services and to make them work better. A pixel is a small amount of code on a web page or in an email notification. As many services do, we (or our agents) may use pixels to learn whether you've interacted with certain web or email content on our Services. This helps us measure and improve our Services and personalize your experience on NuXight. Local storage is an industry-standard technology that allows a website or application to store information locally on your computer or mobile device. We use local storage to customize what we show you based on your past interactions with NuXight. NuXight uses these technologies to deliver, measure, and improve our Services in various ways. These uses generally fall into one of the following categories: Authentication and security
For example, these technologies help authenticate your access to NuXight and prevent unauthorized parties from accessing your account. Preferences To remember information about your browser and your preferences. For example, cookies may help us remember your preferred language or country that you are in. We can then provide you with NuXight content in your preferred language without having to ask you each time you visit NuXight. We can also customize content based on your country, such as disabling SMS, or to withhold certain content based on applicable local laws. Analytics and research To help us improve and understand how people use our Services. For example, cookies help us test different versions of our services to see which particular features or content users prefer. We might also optimize and improve your experience on NuXight by using cookies to see how you interact with our services, such as when and how often you use them and what links you click on. We may use Google Analytics to assist us with this. Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave the cookies activated, however, because you will not be able to log in or use many of the Services' features without cookies enabled. Note that the use of cookies by anyone other than NuXight is not covered by our privacy policy. We do not have access or control over those cookies. In other words Cookies are bits of information that tell us you've visited NuXight before and help the browser remember things about you (such as your language setting). Our cookies do not collect any Personal Information from you. This only applies to NuXight cookies and no one else's. Mobile analytics We use mobile analytics software to allow us to better understand the functionality and improve the performance of our mobile software on your phone. This software may collect, store and use information such as how often you use the application, the events that occur within the application, usage, performance data, and where the application was downloaded from. This software may share information it collects with other third parties (1) as part of providing the analytics services; (2) with integrations that advance teaching, school or district services, student learning or achievement, or parent or guardian participation in their child's education or activities; and, (3) to comply with applicable laws. In other words When you use the NuXight app on your phone or tablet, we have analytics that help us understand how you use the app. This helps us improve the features & design! What happens when I associate my account with a school or other organization? Users may have the choice of associating their account with an Organization. This may be required (for example) for Organizations in order to use certain features of the Services. By associating your account with an Organization, you acknowledge and agree that a Verified Administrator may be able to view your User Submissions (including your Personal Information and messaging content). In addition, Verified Administrators may be able to make administrative changes to your account, such as removing you from classes and/or groups, sending messages on your behalf, and more. In addition, depending upon the preferences of the Verified Administrator and the Organization, NuXight may be used as a school directory and information such as your name, classes or groups may be made available to people in your Organization. If you are an Organization, you acknowledge that NuXight may enable other users who are associated with the same Organization to contact you -- for example, teachers, students, or parents who are associated with your Organization may communicate with you. Participants may also contact each other (in addition to viewing User Submissions). NuXight does not display in a user's account profile personal contact information of the user to any other users without prior consent. In other words You may be required to link your account with an Organization. Linking helps to verify your identity and may unlock certain features. If your Organization is managed by a Verified Administrator, they may also have access to certain information in your NuXight account, including your personal contact information. We will not display your personal contact information to other users without your permission. Will NuXight share any of the Personal Information it receives? NuXight relies on its users to provide accurate Personal Information in order to provide our Services. We try our best to protect that information and make sure that we are responsible in handling, disclosing, and retaining your data. We neither rent nor sell your Personal Information to anyone. If other NuXight users, other individuals or companies whose products you choose to use, have access to your Personal Information (for example, your messaging content), they may use and share that information in ways that NuXight cannot, and does not, control. NuXight shares your Personal Information in personally identifiable form as described below. Agents and third party service providers With respect to potential advertising. NuXight processes information, including online identifiers and information about your interactions with advertisements, to provide advertising. This keeps many of our services freely available for users. You can control what information we use to show you ads by visiting your ad settings. We employ other companies to perform tasks on our behalf and help us provide certain features of our Services, and may need to share your information with those companies in order to provide our Services to you. Some examples of services for which we use agents include sending email or SMS, analyzing data, providing user services, and searching for any security vulnerabilities. These agents may use Personal Information we share with them, for example, to assist us, to provide their services to you and/or us, and to measure and improve the performance of their services. NuXight has reviewed the privacy policies and practices of these agents and third party service providers in order to verify that they are capable of complying with NuXight's policies and practices, including those related to the collection, use, transfer, confidentiality, security and integrity of user data. As a condition of contracting with NuXight, those agents and third-party service providers committed, in writing, to providing at least equivalent privacy and security for your data as does NuXight. In other words Business transfers If NuXight (or substantially all of its assets) is acquired by another company, user information may be one of the assets transferred to or acquired by that company. You acknowledge that such a transfer may occur, and that any acquirer of NuXight may continue to use your Personal Information as set forth in this policy. You will be notified via email or some other means of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information (including the right to delete your information). If NuXight goes out of business without a successor, NuXight would delete your information. In other words If NuXight is bought by another company, we may need to provide your information to that company. We will be sure to let you know if this ever happens so you can make decisions about your Personal Information. Protection of NuXight and others We may release Personal Information when we believe in good faith that release is necessary to:
We also may be required to disclose an individual's Personal Information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. With your consent You will be notified when your Personal Information may be shared with agents or companies other than NuXight and you will be given the option to prevent the sharing of this information unless NuXight determines that not disclosing this to you prior to your information being shared is necessary to comply with applicable laws or legal processes or we are prohibited by law or legal processes from informing you in advance. In other words If there is any other reason we need to share your Personal Information (other than for legal reasons), we will get your consent first. Is information about me secure? The security of Personal Information in the school environment is a top priority for NuXight. NuXight has protections in place to enhance our users' security, and routinely update these protections. We have administrative, technical, and physical safeguards designed to protect against unauthorized use, disclosure of or access to Personal Information. In particular:
NuXight endeavors to protect user information and to ensure that user account information is kept private; however, we cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time. If NuXight knows or becomes aware of a security breach of its users' personally identifiable information, NuXight will notify affected users as required by applicable laws and may post a notice on the Services as required by applicable law(s). For additional information about the security measures we use in connection with the Services, please contact us at security@NuXight.com. Third party services You may be able to access certain third party products through NuXight's Services to share content to or from another website or app. These are not NuXight products; they are another company's and we do not control their privacy and security practices so only you can decide whether to connect your NuXight account with another company's services. The third party products you choose to use on NuXight may need to collect and use your Personal Information in order to provide their services to you; in order to use any products or services offered by anyone other than NuXight, you must review and agree to their specific terms and privacy policies. Our Services may also include access to, among others:
These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by another company or hosted directly on our Services. When connecting your NuXight account with any third party site you may benefit from the ability to communicate across sites. Although a class owner may share their roster with a third party service to send content to the students and parents in a class, the class owner may not share phone numbers, email addresses or similar information without the express consent of the user themselves or the Verified Administrator. Furthermore under 13 year old students will never have their external contact points shared. Under 13 users will only be able to receive, but not send, content and communications originating from either one of these third party services or a user of those services. Your interactions with these features are governed by the privacy policy of the company providing it. What information can I access and modify? As a NuXight account holder, you have access to view and update the following information at your discretion:
This list may change as the Services change. How do I delete my account? You can always opt not to disclose information, even though it may be needed to take advantage of certain NuXight features. You are able to add or update certain information on pages, such as those listed in the "What Information Can I Access" section above. When you update information, however, we often maintain a copy of the unrevised information in our records. Certain types of communication you send to other users cannot be removed, such as message content. . For under age users with an account that is inactive for twelve months or more (meaning the account has not received a message through the Services in that time), NuXight's policy is to disable access to Personal Information associated with that account. 1) If a child with parental consent sets up their own account or a parent or guardian sets up their child’s account; or a parent allows a child access to Premium Features on their device: If your child’s account was set up directly by your child (with your consent) or you as their parent or legal guardian, set up their account, or you allow them access to Premium Features on your device, and you have a parent account connected to the student, you may access, review, correct, or delete any of your child’s personal information in the Service by emailing privacy@NuXight.com. Any content uploaded (e.g., photos, videos, Student Activity Responses, Portfolio Comments), however, that is requested as part of a class at a school, or otherwise directed by your child’s teacher or school, is retained at the direction of the Organization (e.g., for legal compliance reasons such as maintenance of “education records” under FERPA); to correct or delete this content, please contact the appropriate official at your Organization. If the Organization determines that the request should be implemented, the school may either make the change themselves or submit the request to NuXight by emailing privacy@NuXight.com. 2) If the information you are requesting to delete was uploaded or otherwise provided by a Verified Administrator of an Organization to which you belong (such as but not limited to CSV or SIS integration), then you must request deletion of that information directly from the Organization. NuXight may inform the Organizer(s) and/or Organization(s) you are affiliated with when you request to delete your NuXight account. For either method described above, we will use commercially reasonable efforts to process such requests in a timely manner consistent with applicable law. We will need to verify your identity, for example by requiring that you provide acceptable forms of personal identification.
Otherwise, we will retain your or your child's information for as long as your account is active or as needed to provide the Services. If you wish to cancel your or your child's account or request that we no longer use your information to provide Services, contact us at Privacy@NuXight.com. Note we will retain and use information, for example, to comply with our audit and legal obligations, to resolve disputes, and to enforce our agreements. Questions or concerns If you have any questions or concerns regarding privacy when using NuXight's Services, please contact us and send us a detailed message at the contact information below. We will make every effort to resolve your concerns. Name Privacy Team Address 10680 S De Anza Blvd #A Cupertino, CA 95014 Contact privacy@NuXight.com |