Primer - Privacy Policy (05-10-2022)

Privacy Policy

Effective Date: May 12, 2022

Thank you for visiting Primer. We think privacy is very important! We never share or sell any information you give us.

Spark Learning, Inc. (“Primer”, “we”, “us”, or “our”) develops software and platforms to facilitate educational communities for kids.

This Privacy Policy describes our practices regarding information we collect through our websites, including primer.com, mobile application, and any other interactive features or services owned or controlled by Primer that post a link to this Privacy Policy (each, a “Service” and collectively, the “Services”), as well as any information we collect offline and combine in our databases. Certain features discussed in this Privacy Policy may not be offered on each Service at any particular time.

This Privacy Policy is organized into three sections to make reading and navigating it easier.

  • First, a section for “Non-Child Users” - i.e., users age 13 and above in the U.S., including parents.
  • Second, a section for “Child Users” - children under the age of 13 in the U.S.
  • Third, a section that discusses both Non-Child Users and Child Users.

Note about Child Users: As required by applicable law and our Terms of Service, children under the age of 13 in the U.S. (“Child Users”) may only engage with our Services with the express prior consent of a parent or legal guardian (“Parent”) as described further below, or as otherwise permitted under the Children’s Online Privacy Protection Act (“COPPA”).

For more information about how we process Personal Information (as defined below) that we collect from Child Users, please review the “For Child Users” section of this Privacy Policy.

Please read the entire Privacy Policy very carefully. By using any Service, you agree to be bound by this Privacy Policy in its entirety.

For Non-Child Users (i.e. users age 13 and above in the U.S., including parents)

  1. What information does Primer collect from non-Child Users?

The Services may collect “Personal Information” (which is information that may reasonably be used, or capable of, alone or in combination with other information to identify or contact a specific individual) from non-Child Users when non-Child Users register for an account or engage with the Services.  Such Personal Information may include, but is not limited to:

  • Contact data, including first and last name, email address, and phone number.
  • Demographic information, such as zip code.
  • Profile data, such as the randomly-generated username and password that non-Child Users may modify or set, respectively, to establish an online account on the Service, date of birth, biographical details, pictures, photos, and any other information that non-Child Users add to the account profile or submit during account creation.
  • Communications that we exchange with non-Child Users, including when non-Child Users contact us through the Service, social media, or otherwise.
  • Transactional data, such as information needed to obtain verifiable parental consent.
  • Marketing data, such as non-Child Users’ preferences for receiving our marketing communications and details about non-Child Users’ engagement with such communications.
  • User-generated content, such as profile pictures, photos, images, music, videos, comments, questions, messages, works of authorship, projects the non-Child User has worked on, and other content or information that non-Child Users generate, transmit, or otherwise make available on the Service, as well as associated metadata. Metadata includes information on how, when, where and by whom a piece of content was collected and how that content has been formatted or edited. Metadata also includes information that non-Child Users can add or can have added to their content, such as keywords, geographical or location information, and other similar data.
  • Relationship data, such as information about family members whose Personal Information non-Child Users may provide to us. For example, when a non-Child User is a Parent of a Child User, the Parent may provide us with certain information about their Child User to complete any necessary parental consents.
  • Parent contact information, such as a Parent’s email address. For example, when a non-Child User between the ages of 13 and 18 would like to upgrade their account, we collect contact information about and payment information from that non-Child User’s Parent for the Parent to consent to the Terms of Service and pay for the upgrade on that non-Child User’s behalf.
  • Payment information needed to complete transactions, including payment card information. We use Stripe as our payment processor, and Stripe receives and processes your payment information directly. By providing your payment card information, you understand and agree that Stripe will use your payment card information in accordance with its privacy policy, available at https://stripe.com/privacy.
  • Audio and video information, collected with non-Child User’s consent from recorded sessions on the Service.
  • Other data not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.
  • * Photo Verification Process for non-Child Users between the ages of 13 and 18: A child between the ages of 13 and 18 may sign up for an account by using a randomly generated username, which they are able to immediately modify (we instruct such users not to use their full name), by creating a password, and by completing the photo verification process, all without being required to go through the verifiable parental consent process. As part of the photo verification process, the non-Child User submits photos to us, which we manually review to generally verify a non-Child User’s provided age. However, as required by the Terms of Service, such users use the Services under the supervision of a Parent or Guardian who agrees to be bound by the Terms of Service.
  1. What information does Primer collect from third party services?

Third Party Services and Information Third Parties Provide About You

For non-Child Users, the Services may permit interactions between the Services and a third-party feature or service.  These third parties may provide us with information about you. Similarly, if you publicly post information on a third-party platform, such as a social media site, that references Primer or one of the Services, your post may be published on our Services in accordance with that third party’s terms. These features may collect your IP address or other unique identifier and which page you are visiting on our website, and may set a cookie to enable the third-party feature to function properly. Your interactions with third-party links and features are governed by the privacy policies of these third parties.

The information collected and stored by these third parties remains subject to the third party’s privacy practices, including whether the third party continues to share information with us, the types of information shared, and your choices with regard to what is visible to others on that third party website and service. The third party may allow you to remove the application or feature, in which case we will no longer collect information about you through the application or feature, but we may retain the information previously collected in compliance with all applicable laws.

  1. What information does Primer collect automatically?
We and our analytics providers, vendors and other third-party service providers may automatically collect certain “Usage Information” (as defined below) whenever you access and use the Services.

Usage Information may include the browser and operating system you are using, the URL that referred you to our Services (if applicable), the search terms you entered into a search engine that led you to our Services (if applicable), all of the areas within our Services that you visit, how often you access certain features, and the time of day you used the Services, among other information.

In addition, we automatically collect your IP address or other unique identifier (“Device Identifier”) for any computer, mobile phone or other device (any, a “Device”) you may use to access the Services. A Device Identifier is a number that is automatically assigned to your Device used to access a Service, and our servers identify your Device by its Device Identifier. Some mobile service providers may also provide us or our third-party service providers with information regarding your internet service provider (ISP), date and time of your visit, browser language, browser type, referring and exit pages and URLs, amount of time spent on particular pages, which parts of our Services you use, which links you click, search terms, operating system, traffic and related statistics, keywords, and/or other general browsing or usage data. Usage Information is generally non-identifying, but if we associate it with you as a specific and identifiable person, such as by connecting it to your Device Identifier, we treat it as Personal Information and process it according to this Privacy Policy. We may use Usage Information to operate and analyze the Services, and for other lawful business purposes, including sharing with third party service providers.

Usage Information is collected via tracking technologies, such as cookies.  We use “cookies” (a small file sent to your computer by a website or device to allow the website or app to store information which uniquely identifies you) or other similar software to collect data in order to provide you with a more personal experience visits in our Website or apps. For example, cookies help our systems recognize you if you return to our Services shortly after exiting them.

  1. How does Primer use the Personal Information it collects about non-Child Users?
We may use Personal Information about non-Child Users for the following purposes:
  1. To provide the Services. We may use your Personal Information to verify your registration, such as through the photo verification process described above, provide you with the Services, allow you to participate in features we offer, and contact you regarding the Services.
  1. To operate and improve the Services. Your Personal Information may be used to tailor content and recommendations, as well as to maintain or improve our Services.
    • Audio and video information. We may record the rooms or lessons hosted on the Services. We will only use these recordings to operate and improve the Services, including for customer support, quality control, and to ensure compliance with our terms (such as our Code of Conduct), including responding to any alleged Prohibited Behavior (as defined in the Terms of Service, such as bullying, harassment, etc.).
  1. To send communications (including marketing communications) and display offers. We may use Personal Information about non-Child Users to send communications to consenting non-Child Users regarding new or existing offerings or other materials that may be of interest. Recipients may unsubscribe at any time by clicking on the unsubscribe link in any email.
  1. To create anonymous, aggregated or de-identified data. We may create anonymous, aggregated or de-identified information from your Personal Information by excluding information that makes it personally identifiable to you, and we may use that anonymous, aggregated or de-identified data for our lawful business purposes, including sharing it with third parties.
  1. For compliance, fraud prevention, and safety. We may use your Personal Information as we believe is necessary or appropriate to (a) enforce our Terms of Service; (b) protect our rights, privacy, safety or property, and that of you or others; and (c) protect, investigate, and deter against fraudulent, harmful, unauthorized, unethical, or illegal activity.
  1. To comply with law. We may use your Personal Information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.
  1. For other purposes, with your consent. In some cases and where permitted or required by law, we may ask for your consent to collect, use, or share your Personal Information.
  1. Will Primer share any of the Personal Information it collects about non-Child Users?
If you are a non-Child User, we may share your Personal Information with the following parties and as otherwise disclosed at the time you provide us with the information or as otherwise described in this Privacy Policy:
  1. Service Providers. We may share your Personal Information with third parties that provide services to us or you in connection with the Services, but subject to confidentiality obligations, which limit their use and disclosure of such information. For example, we may provide your Personal Information to companies that provide services to help us with our business activities or offer customer service. We may also provide your personal information to service providers to help manage email campaigns, such as Customer.io. Primer does not share any Personal Information it collects with third parties for the third party’s own marketing purposes.
  1. Payment Processors. We use Stripe as our payment processor. Stripe directly collects and processes any payment card information that a non-Child User uses in connection with the parental consent process on the Service, to upgrade the Services, or to purchase add-on offerings. Payment amounts associated with the parental consent process are nominal and are refunded. By providing your payment card information, you understand and agree that Stripe will use your payment card information in accordance with its privacy policy, available at https://stripe.com/privacy.
  1. Administrative, Legal Reasons & Academic Integrity Investigations. We may also disclose your information, including Personal Information, in response to a subpoena, court order, or when otherwise required by law; in response to bankruptcy proceedings; to defend our rights; in response to a request from law enforcement; with our professional advisors (such as lawyers, auditors, bankers and insurers); to provide information to a claimed owner of intellectual property who claims that content you have provided to us infringes on their rights; upon request of or as otherwise authorized by an academic institution connected to an investigation into academic integrity; to protect and/or defend any applicable Terms of Service or other policies applicable to the Services; or to protect the personal safety, rights, property or security of any organization or individual. We may also use Device Identifiers, including IP addresses, to identify users, and may do so in cooperation with copyright owners, Internet service providers, wireless service providers or law enforcement agencies in our discretion. These disclosures may be carried out without your consent or without notice to you.
  1. Affiliates; Business Transitions. Primer may share Personal Information with our parent, subsidiaries, affiliates, and investors primarily for business and operational purposes so long as any recipient agrees to comply with this Privacy Policy and applicable law with regard to such Personal Information. In the event that Primer goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, bankruptcy, or other corporate change, including, without limitation, during the course of any due diligence process, your information, including Personal Information, will likely be among the assets transferred. You will be notified via email and/or a prominent notice on the Services of any completed change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information. This Privacy Policy will become binding upon the new owner of the information until amended.
  1. Testimonials. We may display personal testimonials of satisfied non-Child Users on our Services with your consent, in addition to other endorsements. With your consent, we may also post your name alongside your testimonial. If you wish to request that we update or delete your testimonial, you may contact us.
Sharing Information on the Services: Remember that if you create a profile, post any information in connection with that profile, or otherwise share Personal Information with other users on the Services, your information may be visible to others.
  1. What choices do non-Child Users have with respect to their Personal Information?
Declining to Provide Personal Information: You can always decline to share Personal Information with us, or even block or disable all cookies. You can disable cookies in your browser or device’s settings. However, it’s important to remember that many of Primer’s features may not be accessible, or may not function properly, if you choose to not share Personal Information with us or block cookies. For example, we may not be able to remember your language preferences for you.

Do Not Track Signals: Please note that your browser setting may allow you to automatically transmit a “Do Not Track” (DNT) signal to websites and online services you visit. DNT is a privacy preference that users can set in certain web browsers to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. However, we do not recognize or respond to browser-initiated DNT signals, as the internet industry is still working to determine what DNT means, how to comply with DNT, and how to create a common approach to responding to DNT. To find out more about “Do Not Track”, please visit http://www.allaboutdnt.com.

Opt-out of Email Communication: Non-Child Users can opt-out of receiving further marketing-related communications by clicking the unsubscribe link at the bottom of an email. Primer may continue to send non-Child users Service-related emails or other transactional emails (e.g., emails in response to your questions or concerning your account).

For Child Users

Protecting the privacy of young children is especially important to Primer. For that reason, we created certain features designed to help protect Personal Information relating to Child Users.

Primer does not knowingly permit Child Users to provide their Personal Information to us without prior, express consent from a Parent, or as otherwise permitted under COPPA. If we learn that we have collected Personal Information of a Child User on our Services without prior parental consent, we will take appropriate steps to delete this information. If you are a Parent and discover that your Child User has provided their Personal Information to us without your consent, please contact Primer to request that we delete your Child User’s Personal Information from our systems.

  1. How does a Parent provide verifiable parental consent to permit their Child User to provide their Personal Information and engage with the Services, and how does a Child User engage with the Services once parental consent is provided?
When a Child User signs up for an account by providing the Child User’s date of birth, the Child User is also required to provide their Parent’s contact information (i.e., parent’s email address) for parental consent purposes. Primer will then reach out to the Child User’s Parent via email to begin the process of obtaining the necessary parental consent. After Primer obtains verifiable parental consent, the Child User will then go through the photo verification process, where the Child User submits photos to us and which we manually review to generally verify a Child User’s provided age. Primer requires verifiable parental consent before permitting Child Users to further engage with the Services and provide any Personal Information.

As part of the parental consent process, we will establish contact with the Parent by email and then send the Parent a link to provide parental consent, which explains what information we are collecting, how we plan to use it, how the Parent can provide consent (through use of a credit card to provide a nominal fee that is refunded, as described above), and how the Parent can revoke consent. Once the Parent provides consent (through use of a credit card), we send an email to the Parent confirming the Parent’s consent, as well as providing information for the Parent’s records about what information we are collecting, how we plan to use it, and how the Parent can revoke consent.

Once the Parent has provided their consent and the Child User gains full access to the Services, the Child User may join clubs with other users in which they may post content for other users to see and provide mutual feedback and comments, participate in live events using voice, screensharing and chat features and a shared visual space, and work on project teams with other users.

  1. What Personal Information is collected from Child Users?
Before a Parent has provided consent, we may collect the following Personal Information from Child Users:
  • Parent contact information, such as email address, during the sign-up process to facilitate the parental consent process.
  • Limited non-identifiable profile data, specifically a username (that is randomly generated by Primer and is not the Child User’s name) and password.
After a Parent has provided consent, we may collect the following Personal Information from Child Users:
  • Contact data, including first and last name and email address.
  • Profile data, such as the username and password that Child Users may modify after parental consent has been provided, biographical details, pictures, photos, and any other information that Child Users add to the account profile or submit during account creation.
  • Communications that we exchange with Child Users, including when Child Users contact us through the Service, social media, or otherwise.
  • User-generated content, such as profile pictures, photos, images, music, videos, comments, questions, messages, works of authorship, projects the Child User has worked on, and other content or information that Child Users generate, transmit, or otherwise make available to other users on the Service, as well as associated metadata.
  • Audio and video information, collected with Child User’s consent from recorded sessions on the Service.
We may also collect Personal Information about Child Users:
  • From non-Child Users who are the Parents of a Child User, such as username, name, email, and date of birth of the Child User.
  • From third party services. For more information, see “What information does Primer collect from third party services?” above.
  • Automatically. For more information, see “What information does Primer collect automatically?” above.
    1. How does Primer use the Personal Information it collects from Child Users?
As described in further detail in “How does Primer use the Personal Information it collects about non-Child Users?” above, after parental consent has been obtained, Primer may use the Personal Information it collects from Child Users:
  • To provide the Services.
  • To operate and improve the Services.
  • To create anonymous, aggregated or deidentified data.
  • For compliance, fraud prevention, and safety.
  • To comply with law.
  • For other purposes, with your Parent’s consent.
  • In addition to the uses above, Primer may use the Personal Information it collects from Child Users to send newsletters to Child Users containing information about the Services and upcoming events on the Services.
    1. Will Primer share any of the Personal Information it collects about Child Users?
As described in further detail in “Will Primer share any of the Personal Information it collects about non-Child Users?” above, Primer may share a Child User’s Personal Information with the following parties and as otherwise disclosed at the time a Child User provides us with information or as otherwise described in this Privacy Policy:
  • Service Providers
  • Administrative, Legal Reasons and Academic Integrity Investigations
  • Affiliates; Business Transactions
  • Testimonials. We will always obtain verifiable parental consent before posting any Child User’s testimonial.
    1. What Child User’s Personal Information is available to others?
No Child User’s Personal Information is made available or visible to other users of the Services unless parental consent has first been obtained.

Once parental consent has been obtained, the Child User gains full access to the Services and may post content for other users to see and provide mutual feedback and comments, participate in live events (including Room sessions), and work on project teams. Child Users participating in Room sessions may share or provide access to audio or video information, including the contents of their computer screen or the audio of their conversations, with other users. Other users may also be able to view information or content that Child Users choose to display with their profile, projects, comments, or posts. This may include but is not limited to a first name, profile photo, a bio written by the Child User, and information about the projects on which the Child User has worked.

  1. What choices do Child Users and a Parent of a Child User have with respect to the Child User’s Personal Information?
Declining to Provide Personal Information: You can always decline to share Personal Information with us, or even block or disable all cookies. You can disable cookies in your browser or device’s settings. However, it’s important to remember that many of Primer’s features may not be accessible, or may not function properly, if you choose to not share Personal Information with us or block cookies. For example, we may not be able to remember your language preferences for you.

Do Not Track Signals: Please note that your browser setting may allow you to automatically transmit a “Do Not Track” (DNT) signal to websites and online services you visit. However, we do not recognize or respond to browser-initiated DNT signals, as the internet industry is still working to determine what DNT means, how to comply with DNT, and how to create a common approach to responding to DNT. To find out more about “Do Not Track”, please visit http://www.allaboutdnt.com.

Opt-out of Newsletters:  Child Users can opt-out of receiving further newsletters by clicking the unsubscribe link at the bottom of the newsletter email. Primer may continue to send Child Users Service-related emails or other transactional emails (e.g., emails in response to your questions or concerning your account).

Parental Request. Parents may also review or request the deletion of their Child User’s Personal Information, and may also refuse to permit further collection or use of their Child User’s Personal Information. To make such a request, please contact at us at [email protected]. We may request additional information to confirm that you are the Parent of the Child User.

For all Users (both Non-Child Users and Child Users)

  1. Does Primer engage in third-party advertising?
Primer does not currently use any non-Child User or Child User data to target advertisements or marketing. In addition, we do not share any Personal Information of non-Child Users or Child Users with third parties for their own advertising or marketing purposes.
  1. How do third party websites linked on the Services process Personal Information?
The Services may provide links to third party websites or content over which Primer has no control and which are governed by the privacy policies and business practices of those third parties.

Please also note that Primer content may be included on web pages and websites that are not associated with us and over which we have no control. These third parties may independently collect data. Primer is not responsible or liable for the privacy practices or business practices of any third party.

  1. What happens if a non-Child User or Child User accesses Primer’s services through a mobile device?
If you use the Services through a mobile device, Primer may store and use information about your mobile device (e.g., mobile device model number, etc.) to improve the Services.
  1. How does Primer protect and store non-Child User and Child User Personal Information?
Primer takes data security very seriously.  Primer takes commercially reasonable security measures designed to protect your Personal Information, both during transmission and upon receipt, at rest.  Such measures vary depending on the sensitivity of the Personal Information at issue.

Please note that no method of transmission over the Internet, or method of electronic storage, is completely secure. Therefore, while we strive to use commercially reasonable means to protect your Personal Information, we cannot guarantee its absolute security.

Additionally, we make commercially reasonable efforts to verify that the parties with whom our mobile application shares personal information provide a level of protection of Personal Information consistent with the practices described in this Privacy Policy, except that all such parties described above other than service providers and affiliates may, to the extent permitted by law, use your Personal Information as described in their own privacy policies.

  1. How can non-Child Users and Child Users access, manage or delete their Personal Information or other posted content?
You may be able to review the information you provided to us on a Service and make any desired changes to the information, or to the settings for your account on that Service, by logging in to your account for that Service and editing or deleting the information. Note that certain accounts may have limitations regarding the ability to delete information.  Even after information is deleted, we may maintain it in backup or archive form.

If you are a California resident under the age of 18 and a registered user of the Service, you may have the right to request that we remove any content or Personal Information that you have publicly posted on the Service, subject to certain exceptions. If you wish to request the removal of such content or Personal Information, you may follow the steps described herein, or contact us at [email protected] and provide your username and email address you used to register for your account and specify which content or Personal Information you wish to be removed. Please be aware that after removal, you may not be able to restore removed content or Personal Information. In addition, such removal does not ensure complete or comprehensive removal of the content or Personal Information you have posted and there may be circumstances in which the law does not require us to enable removal of content or Personal Information.

  1. How do non-Child Users and Child Users close their account?
If you have an account and you wish to close your account with one of our Services, please contact us via email at [email protected], and we will remove your Personal Information and profile, if applicable, from the active databases for the Service(s) you request. Please let us know which Service(s) you wish to close and, if applicable, send your request using an email account that you have registered with Primer under your name. You typically will receive a response to a request sent to this account within five business days of our receiving it.
  1. How long does Primer keep non-Child User and Child User information?
We generally retain Personal Information as long as is reasonably necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes. To determine the appropriate retention period for Personal Information, we may consider factors such as the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.

When we no longer require the Personal Information we have collected about you, we may either delete it or create anonymous, aggregated or de-identified information.

  1. How will Primer notify non-Child User and Child Users of changes to this Privacy Policy?
Primer may update this Privacy Policy at any time and any changes will be effective upon posting.  We will notify you of material changes to the Privacy Policy on our website and/or by email, and make additional efforts to notify customers of material changes that impact the treatment of data collected through our Services. Upon any update the date at the top of this policy will be updated.  Your continued use of the Services following an update to this Privacy Policy will constitute your acceptance of the updated Privacy Policy.
  1. What if a non-Child User or Child User does not live in the U.S.?
The Services are not currently targeted to users outside the United States.  If you are located outside of the United States, please be aware that the Services are operated in the United States and any information we collect will be transferred to and processed in the United States. By using the Services, or providing us with any information, you fully understand and unambiguously consent to this transfer, processing and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen.
  1. How can a non-Child User or Child User contact Primer?
If you have questions or comments about this Privacy Policy, please contact Primer via email at [email protected], by mail at 548 Market Street, PMB 60414, San Francisco, California, 94104, or by phone at (415) 358-7164.