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Privacy Policy

Last Updated: August 12, 2015

 

 

Swing Education, Inc. (“Company”) is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from users of our website, located at www.swingeducation.com, (the “Site”) and the services offered through the Site (“Services”). The Services consist of an online platform through which: (a) schools and school districts that use the Services (each a “School”) can post requests for substitute teachers, track request status, and view additional information about Subs and (b) individuals using the Services to obtain placement as a substitute teacher (each a “Sub”) can access the Services to review and request to fill substitute teacher openings of their choosing. A School can elect to use the Services to submit substitute teacher requests to only the Subs who have been verified by the School as meeting the placement requirements of that School (with respect to such School, the “Home District Subs”). Or a School can elect to access all Subs who are members of the Swing Education substitute pool (the “SwingSub Pool”). Each Sub from the SwingSub Pool (“SwingSub”) must enter into a separate agreement with Swing Education and will have undergone verification by Swing Education. A Sub can register to use the Services as either a Home District Sub of one or more Schools that have verified the Sub as meetingthe applicable placement requirements or can register to become a SwingSub.

  1. Questions; Contacting Company; Reporting Violations. If you have any questions or concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us at the following address or phone number:

Swing Education

Attn: Mike Teng

contact@swingeducation.com

  1. A Note about Children. We do not intentionally gather Personal Data from visitors who are under the age of 13. If a child under 13 submits Personal Data to Company and we learn that the Personal Data is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data from a child under 13, please contact us at contact@swingeducation.com.
  2. A Note to Users Outside of the United States. If you are a non U.S. user of the Site, by visiting the Site and providing us with data, you acknowledge and agree that your Personal Data may be processed for the purposes identified in the Privacy Policy. In addition, your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country. By providing your data, you consent to such transfer.
  3. Types of Data We Collect. “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.

(a)             Information You Provide to Us.

  • We may collect Personal Data from you, such as your first and last name, e-mail and mailing addresses, professional title, and company name when you create an account to log in to our Services (“Account”).
  • If you use our Services on your mobile device, we may collect your phone number and the unique device id number.
  • We will collect from Subs the Personal Data necessary to complete applications to become a SwingSub, such as education and job history, evidence of a negative TB test, and evidence of an existing teaching credential or substitute teaching permit.
  • If a Sub submits to a background check through the Services, we will collect from the Sub the Personal Data necessary to complete the background check, such as the Sub’s name, date of birth, and social security number.
  • Certain Services may require our collection of your phone number. We may associate that phone number to your mobile device identification information.
  • When you make or receive payments through Services, we will collect all information necessary to complete the transaction, including your name, payment information, and billing information.
  • We retain information on your behalf, such as information that you store using your Account.
  • We also collect other types of Personal Data that you provide to us voluntarily.
  • If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
  • When you post content (text, images, photographs, messages, comments or any other kind of content that is not your e-mail address) on our Site, the information contained in your posting will be stored in our servers and other users will be able to see it, along with your profile photo and any other information that you choose to make public on your public profile page (“Profile”). The information that you provide in your Profile will be visible to others.
  • When you post feedback regarding Subs to the Site, the information contained in your feedback will be stored on our servers and other users will be able to see it.
  • We may also collect Personal Data at other points in our Site that state that Personal Data is being collected.

(b)            Information Collected via Technology.

  • Information Collected by Our Servers. To make our Site and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
  • Log Files. As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data.We use this information to analyze trends, administer the Site, track users’ movements around the Site, gather demographic information about our user base as a whole, and better tailor our Services to our users’ needs. For example, some of the information may be collected so that when you visit the Site or the Services again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests. Except as noted in this Privacy Policy, we do not link this automatically-collected data to Personal Data.
  • Cookies. Like many online services, we use cookies to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs.
  • Google Analytics. We use Google Analytics to help analyze how users use the Site. Google Analytics uses Cookies to collect information such as how often users visit the Site, what pages they visit, and what other sites they used prior to coming to the Site. We use the information we get from Google Analytics only to improve our Site and Services. Google Analytics collects only the IP address assigned to you on the date you visit the Site, rather than your name or other personally identifying information. We do not combine the information generated through the use of Google Analytics with your Personal Data. Although Google Analytics plants a persistent Cookie on your web browser to identify you as a unique user the next time you visit the Site, the Cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

(c)             Information Collected from You About Others. If you decide to invite a third party to create an Account, we will collect your and the third party’s names and e-mail addresses in order to send an e-mail and follow up with the third party. We rely upon you to obtain whatever consents from the third party that may be required by law to allow us to access and upload the third party’s names and e-mail addresses as required above. You or the third party may contact us at contact@swingeducation.com to request the removal of this information from our database.

(d)            Google ID. We allow you to use your Google ID to set up an Account. If you wish to do so, you will be taken to the Google website to login to your account and this information is then shared with us for the sole purpose of setting up your Account. By logging in with your Google ID, you are allowing the Services to access your information and you are agreeing to Google’s terms of use in your use of the Services. We may receive information from Google and that information may be imported to the Site (either as a part of your Profile or otherwise). Any information that we collect from Google may depend on your Google privacy settings, so please consult Google’s privacy and data practices. Further, you can edit privacy settings via your Google account, or disable the connection with Google by visiting Google. You acknowledge and agree that you are solely responsible for your use of Google and that it is your responsibility to review Google’s terms of use and privacy policy. We will not be liable for: (i) the availability or accuracy of Google; (ii) the content, products or services on or available on Google; or (iii) your use of Google.

(e)            Information Collected from Third Party Companies. We may receive Personal and/or Anonymous Data about you from other sources, such as verification information and results from background checks from LiveScan or other third parties. We may add this information to the information we have already collected from you via our Site in order to improve the Services we provide.

  1. Use of Your Personal Data

(a)             General Use. In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better.We use your Personal Data in the following ways:

  • facilitate the creation of and secure your Account on our network;
  • identify you as a user in our system;
  • provide improved administration of our Site and Services;
  • provide the Services you request;
  • improve the quality of experience when you interact with our Site and Services;
  • send you a welcome e-mail or text to verify ownership of the e-mail address or phone number provided when your Account was created;
  • send you notifications via e-mail or text about request details and new requests from Schools;
  • send you administrative e-mail notifications, such as security, or support and maintenance advisories;
  • respond to your inquiries related to employment opportunities or other requests;
  • make telephone calls to you, from time to time to solicit your feedback; and
  • send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes of Company.

(b)            User Testimonials and Feedback. We often receive testimonials and comments from users who have had positive experiences with our Services.We occasionally publish such content. When we publish this content, we may identify our users by their first and last name and may also indicate their home city or business. We obtain the user’s consent prior to posting his or her name along with the testimonial. We may post user feedback on the Site from time to time.We will share your feedback with your first name and last initial only. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting you name with your feedback. If you make any comments on a blog or forum associated with our Site, you should be aware that any Personal Data you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums.

(c)             Creation of Anonymous Data. We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation. We reserve the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in our sole discretion.

  1. Disclosure of Your Personal Data. We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.

(a)             Information You Share. Our Site and Services allow you to connect and share content and information. Please be mindful of your own privacy needs as you choose who to connect with and what to share and make public. We cannot control the privacy or security of information you choose to make public on the Site. If you share information about others, we suggest you get consent for any information you may share about them.

(b)            Information Shared with Schools. When a Sub uses the Services, certain of the Sub’s Personal Data, such as a Sub’s name, email address and contact number, along with other Profile information, will be shared with the Schools that the Sub has designated as being a “Home District” school or, if the Sub elects to become a SwingSub, all Schools that are registered to use the Services.

(c)             Information We Share. We may disclose aggregated information about our users and information that does not identify any individual without restriction. In addition, we may disclose personal information that we collect or you provide:

  • to fulfill the purpose for which you provide it, for any other purpose disclosed by us when you provide the information, or with your consent;
  • to other users of the Site for the purposes of displaying information in your Profile and your feedback regarding Schools and Subs;
  • to third parties designated by you;
  • with our subsidiaries and affiliates;
  • with contractors, service providers and other third parties we use to support our business;
  • with respect to Subs’ applications and the results of Subs’ background checks, to the School(s) for which such application or background check was requested;
  • to a buyer or other successor of Swing Education in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about users is among the assets transferred; and
  • to comply with any court order, law or legal process, including responding to any government or regulatory request; to enforce our rights arising from any contracts entered into between you and us; and/or if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Swing Education, our customers or others.
  1. Public Profile. Certain portions of the information you provide to us may also be displayed in your Profile. As an essential element of the Services, some of the Personal Data you explicitly provide to us when you register or update your Profile is displayed on your Profile. By default, your Profile is public to other users of the Site. Content you post to the Site is also meant for public consumption with respect to other users of the Site. We may display this content on the Site and further distribute it to a wider audience through third party sites and services. Once displayed on publicly viewable web pages, that information can be collected and used by others. Once you have posted information publicly, while you will still be able to edit and delete it on the Site, you will not be able to edit or delete such information cached, collected, and stored elsewhere by others.
  2. Third Party Websites. Our Site may contain links to third party websites. When you click on a link to any other website or location, you will leave our Site and go to another site, and another entity may collect Personal Data or Anonymous Data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of your Personal Data after you click on links to such outside websites. We encourage you to read the privacy policies of every website you visit. The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites.
  3. Your Choices Regarding Information. You have several choices regarding the use of information on our Services:

(a)             Email Communications. We will periodically send you free newsletters and e-mails that directly promote the use of our Site or Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information above). Despite your indicated e-mail preferences, we may send you service-related communications, including notices of any updates to our Terms of Use or Privacy Policy.

(b)            Cookies. If you decide at any time that you no longer wish to accept Cookies from our Services for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Services or all functionality of the Services. If you have any questions about how to disable or modify Cookies, please let us know at the contact information provided above.

(c)             Text Messages. You may opt-out of receiving text messages from us at any time by texting the word STOP to 650.235.4944 from your mobile device. If you do that, you may receive one additional message confirming that you will no longer receive messages from us.

(d)            Changing or Deleting Your Personal Data. You may change any of your Personal Data in your Account by editing your profile within your Account (or by editing your Google account with respect to certain Account information obtained from your Google account) or by sending an e-mail to us at the e-mail address set forth below. You may request deletion of your Personal Data by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud or similar purposes.

  1. How We Respond to Do Not Track Signals. We do not currently respond to “do not track” signals or other mechanisms that might enable consumers to opt out of tracking on our Site.
  2. Changes to This Privacy Policy. This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy here www.swingeducation.com/privacy and we will change the “Last Updated” date above. You should consult this Privacy Policy regularly for any changes.