Introduction
Hourglass Education Technology Solutions, LLC (“Company” or “We“) respects your privacy and is committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website www.hourglassets.com (our “Website“) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

Company provides applications and software (our “Applications”) to assist school districts, schools, and other educational partners (collectively referred to as “Educational Organizations”) access, use and analyze data with the goal of improving student learning outcomes (collectively, our “Service”). Educational Organizations collect information about students and their guardians, teachers, and other individuals which is then stored and processed by Company. In these situations, the Educational Organization rather than Company decides the reasons information will be collected and processed. Company’s privacy and data security practices regarding such information are governed by the contract entered into between Company and the Educational Organization and applicable law. During the course of offering certain Applications to Educational Organizations, we may have access to the personal information related to students (“Student Data”). Student Data includes “covered information” under California’s Student Online Personal Information Protection Act (SOPIPA), Cal. Bus. & Prof. Code § 22584(i) (2020). Student Data may include both de-identified and identified information, depending on the data collection methodology of the Educational Organizations. We consider Student Data to be highly confidential and special privacy policies apply to such data. We do not collect, maintain, use or share Student Data beyond that needed for authorized educational/school purposes, or as authorized by the parent/student. Please see Student Data for information about how we collect and use Student Data gathered during the provision of our Service to Educational Organizations.

This policy does not cover the practices of companies that Company does not own or control, or individuals who Company does not manage.

This policy applies to information we collect:

• On this Website.
• In email, text, and other electronic messages between you and this Website.
• Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by Company or any third party; or
• Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

We will provide resources to support Educational Organizations, teachers, or parents/students to protect the security and privacy of Student Data while using the Service. In addition, we will incorporate privacy and security when developing or improving our educational products, tools, and services and comply with applicable laws.

Children Under the Age of 13
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information.

Notwithstanding the previous paragraph, during the course of providing our Service to Educational Organizations, Company may collect information from children but only at the direction of a school or educational institution for the purpose of providing the Company’s Service. Company relies on each school to obtain consent and provide appropriate disclosure, if necessary, for Company to collect any student information form students under 13, as permitted by the Children’s Online Privacy Protection Act (COPPA).

Please contact us at Hourglass@HourglassETS.com if you believe we have inadvertently collected personal information from a child under 13 without proper consents to that we may delete such information as soon as possible.

Information We Collect

We collect several types of information from and about users of our Website, including information:

• By which you may be personally identified, such as name, postal address, e-mail address, telephone number, or user name and password (“personal information“);
• That is about you but individually does not identify you; and/or
• About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

• Directly from you when you provide it to us.
  Automatically as you navigate through the site.
• Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
• From third parties, for example, our business partners.

Information You Provide to Us

The information we collect on or through our Website may include:

• Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you report a problem with our Website.
• Records and copies of your correspondence (including email addresses), if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Your search queries on the Website.

You also may provide information to be published or displayed (hereinafter, “posted“) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions“). Your User Contributions are posted on and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically may include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Website according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
• Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
• Web Beacons. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Do Not Track 

Our web services do not alter, change, or respond upon receiving Do Not Track (DNT) requests or signals in browsers. As described in more detail above, we track user activity using web server logs, cookies, and similar technologies.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

• To present our Website and its contents to you.
• To provide you with information, products, or services that you request from us.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account, including expiration and renewal notices.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Website or any products or services we offer or provide though it.
• To allow you to participate in interactive features on our Website.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Hourglass Education Technology Solutions, LLC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Hourglass Education Technology Solutions, LLC about our Website users is among the assets transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Hourglass Education Technology Solutions, LLC, our customers, or others.

Student Data We Collect
During the course of offering certain applications to Educational Organizations, we may have access to Student Data. “Student Data” is any information that is directly related to an identifiable current or former student that is maintained by a school, school district, or related entity or organization, or by us. Student Data may include “educational records” as defined in the Family Educational Rights and Privacy Act (“FERPA”). We consider Student Data to be highly confidential.

Company has access to Student Data only as requested by the Educational Organization as needed to perform the Service. The type of Student Data we collect will depend on how the Educational Organization uses the Service and the particular applications we provide to the Educational Organization, but could include the following information about students and their guardians:

• Demographic information including name, mailing address, email address, and date of birth;
• Student education records including your student’s grades, class enrollment, and behavioral records;
• Health-related information including your student’s immunizations and vision and hearing screening results;
• System usernames and passwords.

In many instances, we receive only de-identified or aggregate information about students from an Educational Organization, such that we would not be able to identify an individual student. From time to time, we may collect information from other sources, including from non-school sources or from the students themselves. If we combine or associate information from other sources with Student Data we collect through the Service, we will treat the combined information as Student Data under our policies and agreements. Please talk to your Educational Organization if you have questions about the type of personal information the Educational Organization provides to services like Company.

How Student Data Is Used

All Student Data that we have access to, if any, is owned and controlled by the Educational Organization. We use such data to provide the Service to the Educational Organization and for other limited purposes permitted by our agreements with the Educational Organizations, such as to evaluate, improve, and develop our products, applications and services. We will never use Student Data for marketing purposes or to engage in targeted advertising.

Company only shares Student Data in a few limited circumstances, as described below.

• As needed to perform the Service and/or at the direction of an Educational Organization and as authorized by our contract with the Educational Organization.
• With our trusted vendors, third party service providers and other individuals who perform services on our behalf, but only if such providers have a need to access such information for the purposes of carrying out their work for us and do so under strict confidentiality and data security terms no less stringent than our own.
• We may be required to share information with law enforcement or other third parties when compelled to do so by court order or other legal process, to comply with statutes or regulations, to enforce our Terms of Use, or if we believe in good faith that the disclosure is necessary to protect the rights, property or personal safety of our visitors.
• In the event of a change of control: If we sell, divest or transfer the business or a portion of our business, we may transfer information, provided that the new provider has agreed to data privacy standards no less stringent than our own. We may also transfer personal information, under the same conditions, in the course of mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of our business. In either case, we will use our best efforts to provide you with notice and an opportunity to opt-out of the transfer of Student Data by deleting your Student Data information and terminating your account.

We do not rent or sell Student Data. We do not use or disclose Student Data for behavioral targeting of advertisements to students. We do not build personal profiles of students other than for supporting authorized educational purposes or as authorized by the parent or student.

We will not knowingly retain student personal information beyond the time period required to support the authorized educational purposes, or as authorized by the parent or student.

Third-Party Use of Cookies and Other Tracking Technologies
Some content or applications on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

Storage of Your Information
Your information collected through the Website may be stored and processed in the United States or any other country in which Company or its subsidiaries, affiliates or service providers maintain facilities. If you use our Website, you consent to have your data transferred to the United States or anywhere else Company maintains facilities.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website.

Your California Privacy Rights
California Civil Code Section 1798.83 permits residents of the State of California to request from certain businesses with whom the California resident has an established business relationship a list of all third parties to which the business, during the immediately preceding calendar years, has disclosed certain personally identifiable information for direct marketing purposes. For more information on how to submit a request, please contact us at the phone number or mailing address listed on our Website.

Accessing and Correcting Your Information
You can review and change your personal information by logging into the Website and visiting your account profile page.

You may also send us an email at Hourglass@HourglassETS.com to request access to, correct or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Student Data is provided and controlled by the Educational Organizations. If you have any questions about reviewing, modifying, or deleting personal information of a student, please contact your Educational Organization directly. Requests sent to Company regarding such information will be forwarded directly to the appropriate Educational Organization.

If the information was provided through the Educational Organization, we will assist the Educational Organization with such request.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our Terms of Use.

Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure through the use of administrative, technological, and physical safeguards appropriate to the sensitivity of the information. The specific measures Company takes to secure your information are defined by the contract between Company and your Educational Organization.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Links to Other Websites and Services
From time to time, we may provide links to third parties from our Website. We are not responsible for the practices employed by websites, applications or services linked to or from our Website. We recommend that you review the privacy policies of third-party sites or services before providing any information to them.

Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address specified in your account or by posting the new Privacy Policy on our Website and updating the “Last Modified” date and will use our best efforts to provide notice before the changes take effect and allow you choices before your data is used in any manner inconsistent with terms you were initially provided. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes. Our use of Student Data is governed by our Agreements with Educational Organization and we will not make any material changes to our privacy practices involving Student Data which would be inconsistent with those contractual requirements without the consent of the Educational Organization.

Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at:

Hourglass Education Technology Solutions, LLC
7349 N Via Paseo Del Sur, #515-114
Scottsdale, AZ 85258
480-999-2235
Hourglass@HourglassETS.com