PRIVACY

Last Updated August 22, 2013

Table of Contents

1. Overview
2. School Use
3. Student Learning Data
4. Students Under the Age of Thirteen
5. Registration
6. E-mail Addresses
7. Buying and Wishlist History
8. Analytics
9. Other Uses
10. Other Suppliers
11. Security, Confidentiality, and Retention of Data
12. Contacting Us

1. Overview

“We” are Omega Labs Inc., also doing business as Top Shelf Learning. By using our apps, sites, and/or services, you agree to this Privacy Policy. See School Use for special terms if you are using our apps, sites, or services in a school setting. The Cardtopia app and store are for use by US residents only. Other apps and sites are available worldwide.

You accept the terms of the Privacy Policy and any amendments to it. We reserve the right to make changes in our sole discretion. We will make updated versions of the Privacy Policy available on our website and the effective date will be clearly marked. Your continued use of an app, site or service after modification means you accept the amended Privacy Policy. If we make changes that materially alter how we use your personal information, we will provide you notice, either on our home page or in the affected app. Where required by law, we will obtain your consent for material changes.

2. School Use

If you are a teacher acting in your role as a teacher with a school, you affirm that you have permission to enter into this agreement on behalf of the school. If the site, service, or app you are using collects and uses personal information about students, you represent and warrant that you have permission on behalf of your school to contract with us to collect, use, and disclose personal information from you and your students for the use and benefit of your school and no other commercial purpose. You agree that educational content recommendations are made for the use and benefit of your school and students. You agree to follow your school’s privacy rules with respect to the data you receive. You agree to follow your school’s policies regarding educational records in deciding when and how to add or delete students.

3. Student Learning Data

Some of our apps have registration services that allow adult users to create classrooms populated with students. In some apps, when students engage with educational content, we collect a variety of Student Learning Data related to progress, engagement, performance, and results. We use this data to track performance over time and, in some cases, to recommend additional educational content appropriate to a student’s learning needs. Recommendations are directed to the adult administrator running the app.

Because this data is linked to the student’s name or pseudonym, it is personal information. You may delete students in the app. Deleting a student renders student results data anonymous. Removing the relationship cannot be undone. It does not sever the link between the results and the academic content that generated the result.

We use anonymous Student Learning Data to improve our apps, sites, and services, including disclosing anonymous Student Learning Data in the aggregate to content providers and other entities, such as schools, to improve learning content or provide statistics about our apps, sites, and services for prospective customers.

4. Students Under the Age of Thirteen

Parents of children under the age of thirteen who are using apps that collect Student Learning Data outside of a school context must provide verified parental consent before the student can use the app. Parents may obtain services by providing us with a valid e-mail address to which we can send a confirmatory message with instructions on how to remove a student if desired.

To review data about a student, a parent must have the adult who set up the student account log in and display the student’s data, using the student’s password. Accessing data for students other than your own students or children is grounds for termination of your use of our sites, services, apps and content.

5. Registration

Some of our apps, sites, and services require an adult to register. Registration information is collected, stored, and used to enable the learning management features of our apps, sites and services. We store the information you provide, including names, pseudonyms, e-mail addresses, addresses, passwords, and question responses until you choose to unregister (usually in the Settings or Set Up area). Contact us if you are unsure how to unregister. You must provide a valid email address for email address functions to work. You need not provide a true name unless you wish to do so.

You may see a place to add students. For each student, the information you enter about the student will be stored in our system and linked to the Student Learning Data. You need not provide a true name for a student unless you wish to do so.

For paid services you may be required to provide additional items of personal information, such as a true full name, school name and address, payment information, billing address, and provision of identification establishing status as a teacher or parent, where applicable to the service or app. Such information is used for payment processing and account management.

Sellers are required to provide a Sold By name. They may optionally post a photograph or provide a biography. Any information a seller provides in the seller profile is public information.

You can edit your registration information in your account settings.

6. E-mail Addresses

If you e-mail us or complete a form that asks for an e-mail address, we will store your information and use it to contact you. For limited purpose contact forms (such as personal information records requests and notices of infringement), we will store your information only as needed to respond to your request. For all other submissions requiring an e-mail address, we may use your e-mail address to send you promotional messages regarding our products or services. We may share your information with the site that directed you to us. To get removed from e-mail mailings, you can use the unsubscribe button in any newsletter you receive. If it becomes apparent that the sender of an e-mail message is under the age of thirteen, the message will be deleted after advising the sender that we need to communicate with a parent.

7. Buying and Wishlist History

If you purchase content from, or store or use, a wish list feature, we store information about your purchases and wishlist items. This information is associated with your username. The store and wishlist are for adult users. We may use your information to market additional educational products to you for your students. We may provide anonymous information about purchase and wishlist patterns to our suppliers. We may suggest products to you for specific students based on their educational needs. If you are with a school you agree that such suggestions are for the use and benefit of the school and for no other commercial purpose. You are under no obligation to purchase suggested products.

8. Analytics

We use Flurry Analytics to understand how users interact with our apps. Examples of information we collect ranges from what screen size your device is running to when our site, service or app was last used. For apps, you can opt out of helping us make our products better here.

We may passively collect non-personally identifiable information from your device used to connect to our sites or services, including IP addresses, browser used, frequency of visits, and pages visited or activities performed. We may use identifying technologies such as cookies to store information from visit to visit. Your browser allows you to turn on or off cookies. Each browser is different. You can find instructions for how to modify your privacy and security settings for your browser in the browser’s help menu. We use this information to improve our sites and services.

9. Other Uses

We may use information you have given us when registering with our site, services, or apps to track usage and to identify you if you appear to be in breach of our Terms of Service. We may use information we have collected to ban you from our sites, services, or apps. If you appear to be a repeat offender of our terms, we may collect all information available about you and your devices to identify you sufficiently to ban you temporarily or permanently from our sites, services, and apps.

We may use email addresses, user names, teacher names, and student names to enable parents to review information about their children as required by law. To the extent permitted and/or required by law, we may disclose any and all personal information we collect to law enforcement, schools, or other government agencies if we feel such disclosure may prevent a crime, facilitate investigation of a matter of public safety or protect the safety of a user.

If we sell all or part of our business or assets, or merge with another company, we may transfer the personal information we have collected to a third party as part of that transaction, to the extent permitted by law.

10. Other Suppliers

We use PayPal for payment services. Persons purchasing digital content or services will be required to provide personal information to PayPal sufficient to complete a financial transaction. This information is not stored by Omega Labs and instead is stored by PayPal. You should review the Privacy Policy of PayPal. We use Parse for our server services. You may wish to review Parse’s Privacy Policy.

You may find links on our sites, in content, or in apps to third party sites. We and/or our sellers provide these links to you because we believe they may be of interest to you. We do not monitor or control the content that appears on these sites and the content may change over time. You should read the privacy policy of all linked to sites.

11. Security, Confidentiality, and Retention of Data

Read our Terms of Service for additional information on the security and confidentiality of data. We use passwords at both the teacher and student level to keep Student Learning Data confidential. We retain data until a student or user is deleted. We use appropriate physical, electronic, and managerial processes and procedures to safeguard data against unauthorized access and use.

12. Contacting Us

Our mailing address is 10916 101st PL NE, Kirkland WA 98033. You can call us at 425-449-0767. You can contact us at legal@topshelflearning.com to send us questions about this policy. If you are unable to delete information from the applicable app or portion of our website, you may complete a Privacy Records Request to ask us to manually delete a student or to review student records. Because our system allows teachers to enter students pseudonymously we may or may not be able to identify the student about which you have a concern. We will not release information to you unless you provide satisfactory proof of a legal right to review student information. If the data was collected by a school, we will need contact information for the teacher and the school also. In the event a school collected the data, the school’s policies about student records are considered. Our decision about whether you may access records or request deletion is final.