Privacy

Aktivate Inc. (f.k.a. “FamX Inc.)  (“Aktivate” or “we”) provides products and services to help athletic and activity directors efficiently manage sports and activities. This Privacy Policy (“Privacy Policy”) or (the “Policy”) describes how Aktivate handles data and personal information in providing Aktivate’s products and services (the “Services”) to its users and customers. As described below, in the course of providing the Services our, we take active measures to maintain the security and confidentiality of personal information collected or stored by Aktivate on behalf of our users and customers in compliance with applicable privacy laws and regulations. 

This Privacy Policy applies to all aspects of the Services.  

Please note that because Aktivate’s fundraising platform (e.g., as available at aktivatefr.com is provided through a partnership with Funding for Teams, LLC., (“FFT”) all references herein to “Aktivate” or “we” also apply, mutatis mutandis, to FFT (including FFT’s collection, use, and sharing of Student Data and Other Information in connection with fundraising).

If you do not agree with the terms of this Privacy Policy, do not access or use any of the Services.

1.  Definitions.

Capitalized terms not defined in this Definitions section shall have the meaning set forth in applicable law when a citation to particular laws is present.

·      “Agreement” means an agreement between Aktivate and the LEA or SEA, as defined in this section.

·      “Applicable Privacy Laws” means applicable federal, state and other privacy laws in all relevant jurisdiction, including without limitation FERPA.

·      “Authorized Users” means students, parents, coaches, teachers and other school personnel using Aktivate’s products or services pursuant to an Agreement.

·      “COPPA” means the Children’s Online Privacy Protection Act of 1998, as amended.

·      “Customer” means an LEA or an SEA.

·      “FERPA” means the federal Family Educational Rights and Privacy Act of 1974, as amended.

·      “LEA” or “School District” means a local education agency, school network, independent or public school, or other regional education system using Aktivate’s products or services pursuant to an Agreement.

·      “Other Information” means information that does not contain any personally identifiable information (which may include de-identified information). 

·      “Personal Data” means personally identifiable information regarding a person who is not a student within the LEA or SEA.

·      “SEA” means the educational agency primarily responsible for the supervision of public elementary and secondary schools in any of the 50 states, the Commonwealth of Puerto Rico, the District of Columbia, or other territories and possessions of the United States, as well as a national or regional ministry, department of education, or comparable government body in other countries, as applicable.

·      “Student Data” means the personally identifiable information Aktivate receives regarding a student  within the LEA or the SEA.

·      “Third-Party Service” means a product or service offered by a third party. 

·      “You”, “you”, and “User” means every person who uses the Services, including all Authorized Users.

2.  Scope of this Policy.

This Policy applies: (i) to LEAs and SEAs that have an agreement with Aktivate to use products and/or services of Aktivate, and (ii) to Authorized Users of such products and services. If you have any questions regarding any privacy policy related matter, please contact us.

This Policy describes:

·       The information collected through the Services;

·       How Aktivate uses that information;

·       With whom Aktivate shares that information; and

·       The steps Aktivate takes to safeguard this information and ensure that our Customers and Authorized Users remain in control of their data.

If you or the school district you are associated with executed an agreement with Aktivate to license Aktivate products and/or services (such agreement an “Aktivate License Agreement”), there may be separate or additional rules or policies governing privacy as part of such Aktivate License Agreement.

3.  Student Data Collected.

Aktivate receives Student Data in two ways: (i) from Customers and (ii) from Authorized Users.

(i)  Information provided by our customers

Portions of the Services require certain basic information (e.g., what school a Student attends, and what athletic program(s) the Student participates in). 

Customers may also choose to provide certain additional student demographic data and other school records (e.g., sports schedules, student performance, injury reporting) to Aktivate to make full use of the Services. 

You can visit the Services without providing any Personal Data or Student Data. If you choose not to provide any Personal Data or Student Data, you may not be able to use certain Services.

(ii) Information collected through our products

Authorized Users of the Services use our products to engage in, and in connection with, a variety of athletic and educational experiences, many of which entail inputting personal information. For example, this information may, today or in the future, fall into one or more of the categories listed below (with illustrative examples for each category):

• Student results and activities. Students may provide responses, enter athletic information, engage in interactive activities, or answer direct coach or teacher questions.
• Fundraising.  When you use the Services to organize a fundraising campaign, the Services may request that you provide your city or town and state or province of residence.
• Coach comments, activities, and other input. Coaches may create plans, enter notes on instructional strategies, performance and needs, or provide other education-related content or observations using Aktivate products. Certain Aktivate products also receive information about team-related activities to enable scheduling or polling students.
• Photos, videos, and audio files. Tablets and other devices may have image, video and audio recording capabilities that can be used by Students and Instructors.
• Online forums and other community features. Some of our products and services may enable Students and Instructors to share information and content (e.g., on message boards, online forums, chat, profile pages and blogs).
• Geolocation. Aktivate’s apps may come equipped with geolocation capabilities that can be used to support certain features. Such capabilities may be controlled and limited by the settings selected by a Customer or the device end user.
• Device and Browser Data. Characteristics of device and browser configurations and persistent identifiers, such as IP addresses and device identifiers, are collected along with associated usage data. Some of our products use “cookies,” Web beacons, HTML5 local storage and other similar technologies to collect and store such data. This data is collected to support the security mechanisms of the product and our internal operations, as well as to enable analysis of aggregate usage trends and improve user experience and/or instructional objectives. We may also use such information to tailor the content, features, and/or sponsor messages and advertisements provided through the Services (including as selected by your district or school) to your current and future needs. We may also use such information to determine which areas of the Services are the most commonly used, which areas need improvement, and what technologies are being used so that we may improve the Services over time. In addition, some products also provide content filtering and may analyze website traffic to filter for inappropriate content. Most browsers are set to accept Cookies. However, you can set your browser to refuse Cookies, or to alert you when Cookies are being sent. If you elect not to accept Cookies, please note that some parts of the Services may not function properly, or at all, or may be considerably slower.
• System usage. Aktivate may collect system usage information, such as the number of requests a device makes, to facilitate proper system capacity for all users.

4.  Use of Student Data.

Aktivate primarily uses Student Data to allow Authorized Users to make meaningful use of the functionality available through the Services (e.g., for registration and scheduling). Aktivate may use Student Data in one or more of the following ways:

• to provide our educational products and services and to support Customers’ and their Authorized Users;
• to respond to the inquiries and requests of our Customers and their Authorized Users;
• to send administrative information to LEA and SEA Customers and their Authorized Users;
• to send product information when applicable to Authorized Users who are personnel of the LEA or SEA;
• to send and receive emails and other communications to Customers and Authorized Users;
• to personalize the experience of Authorized Users;
• on a de-identified basis, to improve the effectiveness and development of our products;
• on a de-identified basis, to report on aggregate trends and usage statistics;
• for product access and security controls;
• for analytics;
• to process certain transactions (e.g., with respect to team fundraising);
• to conduct system audits and improve protections against the misuse of our products; and
• to provide customer support.

5.  Sharing of Student Data.

We share Student Data solely as permitted under the Agreement (e.g., for purposes of providing Services) and as required by law, including but not limited to the following:

• to comply with the law, respond to requests in legal or government enforcement proceedings (such as complying with a subpoena);
• to protect our rights in a legal dispute, or seek assistance of law enforcement in the event of a threat to the rights, security or property of Aktivate, our affiliates, Customers, Authorized Users or others;
• in connection with the acquisition or transfer of Aktivate or its to another party (including in connection with any bankruptcy or similar proceeding), provided that such disclosure and subsequent use will be subject to the Privacy Policy;
• to work with third parties who conduct studies or assist us in providing and improving our products and services, such as platform, infrastructure, software and other types of service providers, agents, partners and researchers. We contractually bind such parties to protect Student Data.

We may also share Student Data with Aktivate’s affiliated education companies, provided that such disclosure is all times is subject to this Policy.  Aktivate does not: 1) sell Student Data to third parties; 2) share Student Data with third parties for the purpose of enabling targeted advertising to Students; or 3) Claim ownership of Student Data.

6.  Other Information and Sharing of Other Information.

This section describes how Aktivate may share and disclose Other Information (i.e., information that is not Student Data).

·           Same as Student Data: Other Information may be shared in the same ways that Student Data can be shared as described above, In addition, Other Information may also be used in the following ways:

.           Your Fundraising Campaigns:  

(a) As noted above, when you use the Services to organize a fundraising campaign, the Services may request that you provide your city or town and state or province of residence.  Because every school has a physical location that can be found in the public domain, certain high level location data associated with a school or team (e.g., school name, city, state), may be shared with, or discoverable by, any individual that receives a fundraising request from a team or organization at your school. 

(b) We may also use your location information in an aggregate way, as described in the “Aggregated or Deidentified Data” section below.

(c) For certain limited purposes, we may send or facilitate your automatically sending communications based upon a user’s interaction with a fundraising campaign (e.g., a thank you / acknowledgement to a person donating to a campaign). 

(d) If you use any feature of the Services initiating communicate with third parties (such as to refer a third party to the Services or to communicate with them regarding a campaign or a donation), either by submitting third-party Personal Data to the Services or otherwise permitting the Services to automatically access third-party Personal Data in your possession, you affirm that you have the consent of the relevant third-party for us to use the relevant third-party Personal Data and that you provide.  If and as necessary, we reserve the right to identify you as the person who has made the referral with respect to any messages sent based upon names of third-parties you provide. We may use third-party Personal Data to (1) contact such third party using the third-party Personal Data provided, and/or (2) provide you with an editable template message designed to facilitate communication between you and such third party through the Services. In addition to sending the foregoing communications, we may also send reminders or related messages to you and to third parties on your behalf from time to time if and as permitted by applicable law. In each case, all such communications sent to third parties using third-party Personal Data will provide a means to "opt-out" of receiving further communication of like nature.

·       Third-Party Services.  Customers and Authorized Users may choose to access one or more Third-Party Services through Aktivate’s products and services, or customers may choose to use our products and services in conjunction with Third-Party Services, such as those from operating system providers, social media platforms, wireless service providers, device manufacturers, and other application or service providers.  When a Customer or Authorized User elects to enable a Third-Party Service, Aktivate may share Other Information with such Third-Party Service. While we require each Third-Party Service to disclose all permissions for information access in the Services, we cannot guarantee or enforce their doing so. 

·       Third Party Service Providers and Partners. We may engage third-party companies or individuals as service providers or business partners (each a “Third-Party Partner”) to process Other Information and support our business. We may, for example, develop strategic partnerships with Third Party Partners to support our common customers.  

·       Corporate Affiliates. Aktivate may share Other Information with its corporate affiliates, parents and/or subsidiaries. In connection with certain changes or contemplated changes to Aktivate’s business (e.g., an acquisition, bankruptcy, dissolution, reorganization, sale of some or all of Aktivate’ assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, or similar transaction or proceeding, or steps in contemplation of such activities), some or all Other Information may be shared or transferred, subject to standard confidentiality arrangements. 

·       To Comply with Laws. If we receive a request for information, we may disclose Other Information if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation, or legal process.  

·       Aggregated or De-identified Data. We may disclose or use aggregated or de-identified Other Information for any purpose, in our discretion. For example, we may share aggregated or de-identified Other Information with prospects or partners for business or research purposes, such as telling a prospective Aktivate customer the average number of events scheduled, or registration forms completed over some time period. 

·       To enforce our rights, prevent fraud, and for safety. To protect and defend the rights, property, or safety of Aktivate or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues. 

·       With Consent. Aktivate may share Other Information with third parties when we have consent to do so.

7.  Customer Use of External Third Party Services.

This Policy does not address, and Aktivate is not responsible for, the privacy, information or other practices of Third Party Services, including any third party operating any service to which an Aktivate product or service links. Customers should carefully consider which third party applications to include among the products and services they provide to students and vet the privacy and data security standards of those providers.

Users may have the option of posting certain activities through the Service (e.g., fundraising) to social networking services.  (For example, a User may post to Facebook that the User performed a fundraising activity on or through the Services).  As a user, you acknowledge that if you choose to use this feature, your friends, followers, and subscribers on any social networking services you have enabled will be able to view such activity.  Please visit the privacy policy of the relevant social networking service to find out more information about your rights and choices.

8.  Security.

Aktivate maintains a comprehensive information security program and uses industry standard administrative, technical, operational and physical measures to safeguard personal information in its possession against loss, theft and unauthorized use, disclosure, alteration, or modification. Aktivate performs periodic risk assessments of its information security program and prioritizes the remediation of identified security vulnerabilities. However, no Internet or email transmission is ever entirely secure. In particular, email sent to or from the Services may not be secure.  Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Data to us via the Internet.

Please contact security@aktivate.com for any questions regarding Aktivate’s security program.

In the event Aktivate discovers or is notified of an unauthorized disclosure of personal information within our possession or control, we will, as required by applicable federal and state laws, investigate, take steps to mitigate the potential impact, and provide required notices of the breach.

Aktivate’s servers are hosted in the United States and are managed and controlled by us from the United States and are not intended to subject us to the laws or jurisdiction of any jurisdiction other than that of the United States. 

9.  Passwords.

Your account information is password protected so that only you are authorized to access this personal information. We strongly recommend that you do not divulge your password to anyone. Aktivate will not ask for your password in an unsolicited phone call or in an unsolicited email.

10.  Analytics.

Aktivate uses third parties, for example, Google Analytics, to analyze statistical information from users of the Services. You can understand Google Analytics further at www.google.com/intl/en/analytics/learn/privacy.html and learn about how to manage Google Analytics settings at tools.google.com/dlpage/gaoptout.

11.  Review and correction.

FERPA requires schools to provide parents with access to their children’s education records, and parents may request that the school correct records that they believe to be inaccurate or misleading. If you are a parent or guardian and would like to review, correct or update your child’s personal information stored in our product or service, please contact your School District. 

If you have any questions about whom to contact or other questions about your child’s personal information, you may contact us using the information provided below.  

12.  Student Data Retention.

We will retain Student Data for the period necessary to fulfill the purposes outlined in this Policy and any applicable Agreement.  Aktivate will return, delete, or destroy personal information stored by Aktivate in accordance with applicable law. 

Aktivate may choose to keep account information for the period of time needed for Aktivate to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes, and enforce our agreements.

13.  COPPA.

Our Services comply with all applicable provisions of the Children’s Online Privacy Protection Act. To the extent COPPA applies to the information we collect, we process such information for educational purposes only, at the direction of the partnering LEA or SEA, and on the basis of educational institutional consent.

14.  Mobile 

Mobile Services: The Services include certain services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services from a mobile device (collectively, the "Mobile Services"). To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

15.  Exclusion

This Privacy Policy shall not apply to any unsolicited information you provide to Aktivate, whether through the Services or through any other means. This includes, but is not limited to, information posted to any public areas of the Services, such as forums or comment sections, any customer support communications, any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, "Unsolicited Information"). You agree that any Unsolicited Information becomes the intellectual property of Aktivate to the furthest extent permitted by applicable law, and agree to assign any and all residual rights or interests that you may have in such Unsolicited Information to Aktivate. All Unsolicited Information shall be deemed to be non-confidential and Aktivate shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution to the extent permitted by applicable law.

16.       Updates to this Policy.

We may change this Policy in the future. Reasons we might update this Policy include, without limitation:  (1) to comply with new laws or regulations, (2) to conform to industry best practices, and (3) to reflect changes in our product offerings. Any changes to the Policy will become effective when we post the revised Policy on our website. However, in the event there are changes in our practices that we deem to be material with respect to use and disclosure of personal information, we will provide at least thirty (30) days advance notice to LEA and SEA Customers affected by any such changes.If you disagree with our revisions to the Privacy Policy, you may de-activate your account or discontinue the use of our Services. Please review this policy periodically, and especially before you provide any Personal Data. Your continued use of the Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

17.  Contact Us

If you have questions about this Policy, please contact us at:

Email: support@aktivate.com 

Mail: Aktivate, Dhruv Singh, 99 Wall Street #2039, New York, NY 10005