3. FLASHLIGHT360 AND FERPA
Data collected by Flashlight360 includes Student Data from education records that are subject to the Family Educational Rights and Privacy Act, “FERPA”, (“FERPA Records”), including student names, parent or guardian (collectively, “Family Member”) names, Messages, and Journal Content. To the extent that Student Data includes FERPA Records, you designate Flashlight Learning as a “School Official” (as that term is used in FERPA and its implementing regulations) under the direct control of the school with regard to the use and maintenance of the FERPA Records and Flashlight Learning agrees to comply with FERPA.
4. FLASHLIGHT360 AND COPPA
The Children’s Online Privacy Protection Act protects personal information belonging to a child younger than 13. How we collect information from users under 13, the types of information we collect, and the reasons for collecting this information are described in Sections 7, 8, and 9, respectively. We do not require users younger than 13 to disclose more information than is reasonably necessary to use the Services.
We use a handful of analytics providers in relation to all users, including users under 13, to help us improve the Services. These third-party service providers do not use your data for any purpose other than to provide the Services. You can view a list of Flashlight360’s third-party service providers and review their privacy policies here. If you have questions about our third-party service providers, you can contact us at firstname.lastname@example.org.
Information for parents or guardians on how to correct, edit, download, update, or delete data about your student can be found in Sections 17 and 18 below.
5. WHO DOES FLASHLIGHT LEARNING COLLECT INFORMATION FROM?
We collect information from individuals who create accounts on Flashlight360, which includes teachers, students, and family members. We also collect limited log data from all visitors to our marketing website.
6. HOW DOES FLASHLIGHT LEARNING OBTAIN MY INFORMATION?
We receive information from the information that you and others provide, from your device(s), and from third-party services. The categories of sources from which we’ve collected or received information include:
- You: We collect the content, communications, and other information you provide when you use Flashlight360.
- Other people: We collect information that other people provide when they use Flashlight360, such as when a teacher adds a parent’s phone number to send updates about a student’s work.
- Your device(s): We collect information from and about the computers, phones, and other web-connected devices you use with Flashlight360.
- Third-Parties: When you create a Flashlight360 account using a third-party service (e.g. Google, Classlink or Clever), we access the name, SISD and email address (if available) provided by these services.
7. WHAT INFORMATION DOES FLASHLIGHT360 COLLECT?
Account Information: When you create an account on Flashlight360 we collect your name, email address, and password/student ID. Flashlight360 may also collect your phone number if you enter it in your Account Settings. We do not collect student phone numbers.
Students are not permitted to create an account by themselves but must be invited to a Flashlight360 class by a teacher or school administrator. Where students have permission to use Flashlight360, Flashlight360 collects personally identifiable information that is necessary to provide the Service, including a student’s name, email address, and optional profile picture. This information may be entered by a teacher or the student or populated from the student’s account with a third-party sign-in service, such as their Google account.
Users can make changes to their profile, messaging preferences, and other account details in Account Settings.
Progress Monitoring: Flashlight360 collects student produced content for educators, parents, and students to review. This content may include text, speech recording (including marginal audio from a device’s microphone), teacher notes, learning goals, and the scores of student produced work. Flashlight360 collects teacher feedback for students, including text and voice recordings. Student and teacher produced artifacts in Flashlight360 may be considered a student education record as defined by FERPA.
Messages: Flashlight360 collects all messages that are sent and received in Flashlight360 from teachers or students. Messages may include text, audio, teacher notes, or additional information.
Performance Tasks: Teachers may use Flashlight360 to create performance tasks and learning goals to use with their students which may include text or audio instructions for how to complete the activity, an example of a correct response, or feedback relative to student performance.
Communications: Flashlight Learning collects any information you send to us directly, such as email, phone or through your responses to our optional surveys.
Information from your Google Account or other Third-Party Sign-in Service: Flashlight Learning allows school administrators, teachers, family members, and students (after being invited by a teacher) to sign up for and log into our service using Classlink or Clever Account. Teachers can also create student accounts on behalf of students in their class. When you create a Flashlight360 account using one of these Third-Party Services, we use the name, student I.D. and email address (if available) provided by these services. Flashlight Learning does not share your information with these services.
Log Data: When you use Flashlight360 or visit our website, we receive log data such as your IP address, cookie identifiers, browser type, operating system, device information and identifiers, and your mobile carrier. In addition, we may receive or collect additional information such as the referring web page, referring search terms, pages visited, and other information about your interactions with Flashlight360.
8. HOW DOES FLASHLIGHT LEARNING USE THIS INFORMATION?
We use this information to:
- Allow you to access and use the Service by verifying your identity and storing your Student Produced Content, Progress Monitoring, and Messages.
- Provide support to teachers, school administrators, and family members.
- Provide school administrators with information about how Flashlight360 is performing in their school(s). If you’ve enabled notifications, notify you about activity on and updates to your account or your student’s account. Research, understand, and analyze user trends to improve and develop new features for our products. Promote and advertise the Services and enhancements to Flashlight360 relevant for teachers, schools, and families. Investigate, prevent, and detect activities on our service that we believe may violate the law, applicable regulations, or Flashlight360 policies. We may, at the request of a school, investigate accounts to determine whether they comply with school policies.
You can withdraw consent for the collection of your Personal Information at any time, but you will no longer be able to use Flashlight360.
9. DOES FLASHLIGHT360 ALLOW THIRD-PARTY ADVERTISING OR SHARE DATA FOR ADVERTISING THIRD-PARTY PRODUCTS?
No. Our business model is straightforward: we charge for student licenses as well as optional virtual professional development services and we have no interest in advertising third-party products or services within Flashlight360. We never display third-party ads, share data for advertising or marketing third-party products or services, or allow data collection by third-party advertisers or data brokers to use for their own purposes. We also do not allow in-app purchases for student accounts.
10. IN WHAT LIMITED CIRCUMSTANCES MAY FLASHLIGHT360 NEED TO SHARE MY INFORMATION?
We share data with third parties in the limited circumstances detailed below:
- We use a small number of third-party service providers in order to operate and improve Flashlight360 – for example, a notification service that helps us send you messages about your account. These services need access to your Personal Information in order to work (i.e. your email address is required to send you an email), but are contractually obligated to meet our strict security standards, maintain the accuracy of the data they collect, and must only use Personal Information in identifiable form for purposes of providing the Flashlight360 service. A list of our third-party service providers can be found here.
- We may provide school administrators with information about how Flashlight360 is performing in their school(s).
- Flashlight360 may disclose your information to a third party to comply with applicable laws or regulations, or a valid legal request – including to meet national security or law enforcement requirements. If we are compelled to release your data, we will do our best to provide you with advance notice by email, unless we are prohibited from doing so by law.
- Flashlight360 may disclose student or teacher Account Information, Student Produced Content, and Messages to the child’s school or district upon request, including as required by FERPA.
- By default, Activities teachers create are private to their account. We may anonymize and share completed activities that have been scored with teachers from the same district as examples or models.
11. WHO CAN VIEW CONTENT POSTED IN FLASHLIGHT360?
Student work is private to the classroom by default. Users cannot view students’ audio recordings, written responses, scores or goals in Flashlight360 unless they are the teacher, the school administrator or invited to Flashlight360 by the teacher or school administrator. Teachers control who can access a student’s account by authorizing specific people to connect to that student’s account.
Flashlight Learning cannot prevent all forms of sharing (e.g. by taking a screenshot and posting to social media), so it is important that teachers only grant access to authorized parties and discuss their policies with families.
School administrators can access all Student Produced Content and Messages shared in their Flashlight360 organization, including Messages or Scores that have been edited or deleted.
12. DO YOU WORK WITH THIRD-PARTY ANALYTICS SERVICES?
Flashlight360 is constantly improving, and we use aggregate data about how Flashlight360 is used – for example what buttons you click on or what pages you visit – to inform those decisions.
Cookies are small text files that we transfer to your web browser that allow us to identify your web browser and store information about your account. We use these cookies to keep you logged into Flashlight360, customize your Flashlight360 experience, understand how you use Flashlight360, and promote Flashlight360 to relevant teachers and schools. You can choose to remove or disable cookies via your browser settings. Please be aware that Flashlight360 may not work properly if you disable or decline all cookies.
14. HOW DOES FLASHLIGHT LEARNING HANDLE ABANDONED ACCOUNTS?
Flashlight Learning reserves the right to permanently delete accounts that have not been accessed by the account holder for a period of more than one year. Flashlight Learning will permanently delete an account that has not been accessed by the account holder for more than seven years, except where we are required to keep the information for legal or compliance purposes.
15. HOW TO VIEW, CORRECT, EDIT, EXPORT, OR UPDATE YOUR PERSONAL INFORMATION
You have the right to access, correct, or download for transport to a similar service any of your Personal Information collected by Flashlight Learning, where permitted under applicable law. If you are an administrator, teacher, or family member you can update the information associated with your Flashlight360 account directly by logging into your Flashlight360 account and viewing the Account Settings tab on your profile. If you are a parent or guardian and want to correct, edit, download, or update information about your child, please work directly with your teacher or school, or you can contact us at email@example.com.
16. ACCOUNT SUSPENSION AND TERMINATION
If you would like to delete your Flashlight360 account or delete your child’s Flashlight360 account, contact firstname.lastname@example.org. If you request that your account or any content submitted to Flashlight360 be deleted, Flashlight360 may still retain information as needed to provide customer support and prevent accidental deletion, or as required or permitted by law. If you terminate your account, all of your data will be unavailable to you immediately, but be aware that Messages and Student Produced Content with others in which you participated will remain available to those other users.
If you are a teacher or school administrator within the US, please be aware that FERPA requires Flashlight Learning to retain student education records once a valid request to inspect those records has been made.
17. HOW DOES FLASHLIGHT LEARNING KEEP YOUR DATA SAFE?
Flashlight Learning takes protecting your security and privacy seriously and we’ve put a number of measures in place to protect the integrity of your information, including the use of access-controlled data centers, routine 3rd party security audits, restricted employee access to user information, and data encryption in transit.
In the event of a security breach, Flashlight Learning will notify affected account holders within the amount of time required by law so that you can take steps to keep your data safe.
18. RIGHTS OF CALIFORNIA AND NEVADA RESIDENTS
If you are a California resident, please see here for more information about our practices and your rights with respect to your information.
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. You can exercise this right by contacting us at email@example.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth below.
19. CONTACT INFORMATION
Flashlight Learning LLC
12600 Somerdowns Court
Draper, UT 84020