ThinkFives, LLC
April 2021
THINKFIVES, LLC (“THINKFIVES,” “we,” “our,” or “us”) values the privacy of individuals who use the THINKFIVES website, mobile application, and related services (collectively, the “Service”). This Privacy Policy (the “Policy”) describes the information we gather from visitors, users, and others who access or use the Service (“Users” or “you”), how we use and disclose such information, and the steps we take to protect such information. By using the Service, you consent to the privacy practices described in this Policy.
1. Information We Collect
Personal Information
While using the Service, we ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Information”). Personal Information may include your name, email address, mailing address, telephone number, other contact information, information about a subscriber to the Service (such as a school, district, or educational organization, each, a “Subscriber”), and student information. You may provide us with Personal Information when you register for an account, use the Service, make a purchase on the Service, contact customer support, or otherwise communicate with us.
Usage Information
We collect information about how you access and interact with the Service, such as device type, IP address, operating system, browser type, address of a referring website, activity on our website, device ID, access dates and times, and other system activity. We may use such usage information to, for example, better understand website traffic patterns and to optimize our Users’ experience. We track Users’ use of the Service, but we do not track users across third-party websites. We do not process or respond to web browsers’ “do not track” signals or other similar transmissions that indicate a request to disable online tracking of Users who visit or use the Service.
Third-Party Cookies
Third parties may also use cookies, web beacons, or other devices to collect information when you use the Service. We do not control any cookies or other data collection tools that may be placed on the Service by a third party, and this Policy does not cover the use of such cookies and/or other data collection tools by any third party.
2. How We Use Your Information
Provide, Maintain, and Improve the Service
We may use your information to:
- provide customer service
- send you confirmations, updates, security alerts, and support and administrative messages
- detect and prevent fraud
- operate, protect, and optimize the Service and your experience, such as by performing analytics and conducting product research
- troubleshoot and protect against errors
- personalize and improve the Service
- monitor and analyze usage and trends and otherwise measure the effectiveness of the Service
- develop new features
Sharing Your Information
We only share Personal Information in a few limited circumstances as set forth below. We do not rent or sell information for marketing purposes, and we will never share or sell Personal Information of students (“Student Data”) with third parties for marketing purposes. If you use the Service, you are authorizing us to share information:
- that you or Subscriber direct us to disclose to others
- with our business partners, vendors, and consultants who perform services on our behalf or who help us provide our Service, such as accounting, managerial, technical, marketing, or analytic services, provided that they are subject to confidentiality and security obligations
- if required to do so by law or in the good-faith belief that such action is necessary to comply with local, state, or federal laws, or to respond to a court order, judicial, or other governmental subpoena or warrant, or in the event of bankruptcy proceedings
- if we believe in good faith that doing so is reasonably necessary or appropriate to protect the rights, property, or safety of THINKFIVES, our Users, our employees, copyright owners, third parties, or the public, including to protect THINKFIVES or our Users from fraudulent, abusive, inappropriate, or unlawful use of our Service
- to enforce or apply this Policy, our Terms of Use, or our other policies or agreements
- in connection with any merger, sale of company assets, financing or acquisition, or in any other situation where information may be disclosed or transferred as one of the business assets of THINKFIVES, provided if the rights and obligations with respect to your Personal Information are assigned to a third-party successor-in-interest, the successor will be bound, with respect to your Personal Information, by the terms of the then-applicable privacy policy or will adopt a privacy policy that is substantially similar in all material respects with such privacy policy.
- in an aggregated and/or anonymous form that does not reasonably identify a User or Subscriber
Links to Third-Party Sites and Services
The Service may contain links to other websites. We exercise commercially reasonable efforts to only link to the websites and services of reputable third parties who post a privacy policy governing their processing of Personal Information that aligns with this Policy. However, we are not responsible for the practices employed by websites or services linked to or from the Service, nor the information or content provided to or contained therein.
3. How We Protect Your Information
We take measures designed to protect your information in an effort to prevent loss, misuse, unauthorized access, disclosure, alteration, and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse.
4. Legal Compliance and Privacy Rights
Legal Compliance
We comply with the following laws concerning the protection of Student Data, including educational records: Family Educational Rights and Privacy Act (“FERPA”), Children’s Online Privacy Protection Act (“COPPA”), Protection of Pupil Rights Amendment, and Student Online Personal Information Protection Act. We will be considered a School Official as that term is used in FERPA. As to COPPA or any state law requiring consent or authorization from a parent or guardian for Student Data collection or use, the parent, guardian, teacher, or Subscriber is responsible for fulfilling any applicable consent requirement.
CCPA
California law requires us to disclose certain information regarding the categories of personal information we collect. For purposes of this Section, “personal information” has the meaning provided by the California Consumer Privacy Act (the “CCPA”) and does not include information that is publicly available, deidentified, or aggregated, or that is excluded from the CCPA’s scope, such as personal information covered by certain sector-specific privacy laws.
We collect personal information from and about you for a variety of purposes. For example, we use personal information to respond to your requests, engage with you as a customer, and provide our Service to you; to monitor, improve, and develop the Service; to protect the security and integrity of our business; comply with legal requirements and obligations; for our business and operational purposes; and as otherwise permitted or required by law. The type of personal information we collect will depend on how you engage with us (e.g., as a customer or potential customer or as a website visitor). We collect information directly from you, from our business partners and affiliates, from your browser or device when you visit our website, or from third parties that you permit to share information with us. We collect the following categories of personal information:
- identifiers, such as your name, address, phone number, email address, or other similar identifiers
- California customer records, such as payment information
- commercial information, such as a history of purchases, obtained or considered
- internet/network information, such as device information, logs, and analytics data
- geolocation data, such as precise location data from your device or generated based on your IP address
- inferences about your interests and preferences
We share personal information with third parties for business purposes. The categories of third parties to whom we disclose your personal information may include our service providers and advisors, vendors who assist us with marketing and advertising our services, analytics providers, and third parties with your consent or direction or with whom you interact through the Service. When we disclose your personal information to our service providers, vendors, or other third parties that process the information on our behalf, we have entered into a written contract with them to protect your personal information, and we will remain liable for any breach of this Policy that is caused by the acts or omissions of our service providers. We do not sell your personal information for monetary or other valuable consideration.
As a California resident, you may be able to exercise the following rights upon verification of your identity:
- The right to know what personal information we have about you, where that personal information came from, and how it is used
- The right to know whether your personal information is sold or disclosed and to whom
- The right to opt-out of the sale or disclosure of your personal information
- The right to have your personal information deleted
- The right to be free of discrimination for exercising these rights
However, please note that if the exercise of these rights limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you the Service or engage with you in the same manner. To request to exercise your rights under the CCPA, please contact us at support@ThinkFivessoftware.com.
International Privacy Rights
Any information collected through the Service is stored and processed in the United States. If you use our Service outside of the United States, you consent to have your data transferred to the United States. We are committed to protecting the privacy and confidentiality of Personally Identifiable Information when it is transferred. If you reside or are located within the EU, Switzerland, or the UK and such transfers occur, we take appropriate steps in an effort to provide the same level of protection for the processing carried out in any such countries as you would have within the EU, Switzerland, or the UK to the extent feasible under applicable law.
5. Children’s Privacy
We do not knowingly collect any information from children under the age of 16 unless and until Subscriber has obtained appropriate parental consent for the student to use the Service. Please contact us at ChiefThinker@ThinkFives.com if you believe we have inadvertently collected Personal Information of a child under 16 without proper consent so that we may delete such data as soon as possible.
6. Changes and Updates to the Policy
We reserve the right to change the provisions of this Policy at any time, in which case we will notify you through the Service and ask for your consent to any material changes. Please revisit this page periodically to stay aware of any changes as well. Your acceptance of the new Policy and continued use of the Service indicates that you have read, understood, and agreed to the updated version of this Policy.
7. Contact
Please contact us with any questions regarding this Policy at ChiefThinker@ThinkFives.com
Address: 3370 N Hayden Rd., #177, Scottsdale, AZ 85251 ChiefThinker@ThinkFives.com