Privacy Policy Agreement

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or use our site or one of our products, the ("Company Products") (SEE "COMPANY PRODUCTS INCLUDES..."). By visiting and or using the Company Products, the entity agrees to these terms, the ("User"). This Agreement is effective as of the date User uses, logs into, or visits the Company Products. By using the Company Products, you the User, are accepting that you represent and warrant that: (i) you have full legal authority to access the associated information; (ii) you have full legal authority to bind to these terms and conditions; (iii) you have read and understand this Agreement. If you do not have the legal authority to bind User, please do not use the Company Products, and request for the information associated to be deleted.

COMPANY PRODUCTS INCLUDES:

INFORMATION WE COLLECT

When you visit and otherwise use the Company Products, we automatically collect certain information about your device, including information about your web browser, device type, device brand, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Company Products, we collect information about the individual web pages that you view, what websites or search terms referred you to the Company Products, and information about how you interact with the Company Products. We refer to this automatically-collected information as “Device Information”.

We collect Device Information using the following technologies:

Endeavor Software and Partners (AWS, etc.) do NOT collect any education records such as grades, school login information, or GPA, that might fall under FERPA protections.

HOW DO WE USE YOUR PERSONAL INFORMATION?

Personally Identifiable Information such as name, address, age, grades, classes, etc. is never collected, saved, logged, or otherwise accessible by Endeavor Software at any point unless otherwise consented to in an agreement outside of this policy (i.e., outside beta testing and testers, internal company tests) and does not fall under FERPA regulations.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Company Products (for example, by generating analytics about how our customers browse and interact with the Company Products, and to assess the success of our marketing and advertising campaigns).

SHARING YOUR PERSONAL INFORMATION

We share your Device Information with third parties to help us use your Device Information, as described above. For example, we use Google Analytics to help us understand how our users use the Company Products -- you can read more about how Google uses your Device Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Device Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

BEHAVIOURAL ADVERTISING

As described above, we use your Device Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

We do not process Personally Identifiable Information that may fall under FERPA for Advertising purposes or to serve Advertising in the Company Products.

You can opt out of targeted advertising by using the links below:

(NOTE: TheLocken does NOT share your Device Information with all of the third parties listed below.)

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

CALIFORNIA ONLINE PRIVACY PROTECTION ACT COMPLIANCE AND PARENTAL CONSENT

Endeavor Software values User privacy. We have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We, therefore, will not distribute your personal information to outside parties without your consent.

If User legal guardian allows User under the age of 13 to use the Company Products, User legal guardian consents as required under the Children’s Online Privacy Protection Act to the collection and use of personal information in the Company Products, described in this agreement, from such User(s). User will obtain parental consent for the collection and use of personal information in the Company Products that User legal guardian allows User to access before allowing any User under the age of 18 to use those services. By using Company Products, User agrees and acknowledges to have received and maintains full parental and or otherwise legal guardian consent. If full legal consent for any reason expires or is no longer legally valid, User agrees to suspend use of Company Products and alert Endeavor Software to remove all Personal Information.

FERPA

User acknowledges that (a) by using Company Products, data may be accessed that may include personally identifiable information from education records that are subject to FERPA ("FERPA Records"); (b) to the extent that Customer Data includes FERPA Records, Endeavor Software will be considered a "School Official" (as that term is used in FERPA and its implementing regulations) and will comply with FERPA; and (c) that User has full legal authority, or has received full parental and or full legal guardian authorization to access User information that may fall under FERPA regulation.

However, as Company Products do not save, log, or otherwise have access to User Personal Information or any information from education records, Endeavor Software is fully compliant with FERPA and does not fall under FERPA regulations.

"FERPA" means the Family Educational Rights and Privacy Act (20 U.S.C. 1232g) and the Family Educational Rights and Privacy Act Regulations (34 CFR Part 99), as amended or otherwise modified from time to time.

DO NOT TRACK

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

YOUR RIGHTS

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you, or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

DATA RETENTION

When User uses or otherwise accesses Company Products, Endeavor Software reserves the right to store and maintain Information records that do not fall under FERPA unless User requests Endeavor Software delete this information.

CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

UNAUTHORIZED USE

User will use commercially reasonable efforts to prevent unauthorized use of the Company Products and to terminate any unauthorized use. User will promptly notify Endeavor Software of any unauthorized use of, or access to, the Company Products of which it becomes aware.

LINKED OR REFERENCED WEBSITES AND OR COMPANIES

Company Products does contain links to affiliate and other websites and or other third-party products. Endeavor Software does not claim nor accept responsibility for any privacy policies, practices and or procedures of other such entities. Therefore, we encourage all users and visitors to be aware when they leave Company Products and to read the privacy statements of each and every entity that collects personally identifiable information. The aforementioned Agreement applies only and solely to the data collected by our website.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at [email protected]

THIS AGREEMENT WAS UPDATED ON 12/20/2018.