PRIVACY POLICY
Version: 1.0
The 3rd Element, Inc. (“we,” “us,” or “our”) owns, operates and provides the web site located at (http://the3rdelement.com) (our “Site”). We also own and make available certain software as a service that we provide (our “SaaS”) and mobile applications (our “Apps”). This Privacy Policy applies to the access and use of our Site, our SaaS, and our Apps. When we refer to our “Services” in this Privacy Policy, we are referring to our Apps, our SaaS, and our communications with you.
Please read THIS PRIVACY POLICY (This “PRIVACY POLICY”) carefully before using our Services or accessing our Site. By using OR ACCESSING our Services OR OUR SITE, you consent to the collection, use, disclosure and other handling of information as described in THIS PRIVACY POLICY AND ACCEPT AND AGREE TO THE TERMS OF USE. IF YOU DO NOT ACCEPT THE TERMS OF USE and THIS PRIVACY POLICY, YOU MAY NOT ACCESS OR USE Our Site or our Services.
IF YOU ARE CONSENTING TO THE PRIVACY POLICY ON BEHALF OF ANOTHER PERSON OR ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO ACT FOR AND TO CONSENT TO THIS PRIVACY POLICY ON BEHALF OF SUCH PERSON OR ENTITY, IN WHICH CASE THE TERMS “YOU” AND “YOUR” REFER TO SUCH PERSON OR ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, YOU SHALL NOT USE OR ACCESS OUR SITE OR OUR SERVICES.
Our Site and Our Services Are Not Directed to Children Under 13
Our Services are intended to develop leadership, communication, critical-thinking, and other skills and disciplines in secondary and postsecondary student athletes who are at least 13 years old. Through our Services, students who are at least 13 years old may engage in self-assessment, communicate with other students who are at least 13 years old, complete surveys, take notes, shoot videos, and create and share other content about themselves and their experience participating in athletics. Through our Services, schools, coaches, parents, and legal guardians of students who are at least 13 years old can access such information and learn more about their students. Our Services and our Site are not intended to be used and should not be used by or for children under 13 years old.
We do not direct our Services or our Site at children under 13 years of age and we do not knowingly collect personal information from children under 13 years of age. If we learn or have reason to suspect that a user of our Site or our Services is under 13 years of age, we will promptly disable that user’s account and delete any personal information in that account.
Information We Collect
We collect information when you use our Services or access our Site. We consider personal information to be information such as a name, email address, phone number, and other information that can be traced directly back to and that identifies a specific individual. We do not consider personal information to be information that alone does not allow a third party to identify a specific individual.
Student Data
We currently collect two different categories of information – Student Data and Other Data. This portion of this Privacy Policy addresses Student Data. If you are interested in reading about our policies and practices related to Other Data, click here.
Student Data Defined and Why We Collect Student Data
“Student Data” means the records, files, documents, and other materials that contain personal information of a school attendee who is at least 13 years old. Student Data may include the following:
(1) information commonly included in a student directory, such as the student’s name, address, participation in officially recognized activities and sports, weight and height, and the student’s school;
(2) personal information included in responses to surveys or self-assessments about the student’s attitudes, habits, traits, and feelings, and other information relating to or arising from the student’s athletic participation; and
(3) telephone number, email address, and other personal information you and other users input into our Services.
We collect Student Data to enable us to provide our Services. If Student Data is deidentified so that it no longer identifies a specific individual, then such information will no longer be considered Student Data, but rather will be considered Other Data.
Parental Rights Regarding Student Data and Our Services
If you are the parent or legal guardian of a student, you have a right to:
- opt out of using or accessing our Services;
- inspect (i) Student Data of your student, (ii) the surveys and assessments of your student we conduct via our Apps and our SaaS before such surveys and assessments are administered to your student, and (iii) our Apps and our SaaS before we make our Apps and our SaaS available to your student; and
- correct or delete your student’s Student Data that is inaccurate, misleading, or otherwise in violation of your student’s privacy rights.
If you are a parent or legal guardian of a student and wish to exercise the inspection, correction, deletion or opt-out rights regarding our Services or Student Data we maintain about your student, please contact us as described in the “Contacting Us” section below or contact the school. School procedures regarding such requests may vary from school to school, and we do not control those procedures. We will promptly respond to inspection, correction, deletion, and opt-out requests we receive from you and from schools.
If you are not the parent or legal guardian of a student, you may be required to obtain the written consent of the student or the student’s parent or legal guardian under the Terms of Use and under applicable law before disclosing Student Data to us, engaging us to maintain Student Data, or engaging us to make our Services available to a student.
Student Rights Regarding Student Data
If you are a student age 18 years or over, or if you are a student at a postsecondary school, by law you may have the inspection, deletion, correction, and opt out rights described in this Privacy Policy that are applicable to parents and legal guardians.
To exercise these rights regarding Student Data we maintain about you, please contact us as described in the “Contacting Us” section below.
Student Data and Our Providers
Our third party service providers may collect, use, share and store Student Data in order to assist us in providing our Services. We require third party service providers to enter into agreements with us that:
- prohibit them from using Student Data other than to provide their services to us;
- prohibit them from disclosing Student Data to subsequent third parties; and
- require them to implement and maintain reasonable security practices and procedures appropriate to each Student’s Data and protect the same from unauthorized access, destruction, use, modification, or disclosure.
Additional Student Data Privacy Commitments
We are committed to the privacy of Student Data. Accordingly, we shall not knowingly:
- engage in targeted advertising to students on our Services, or target advertising to students on any other site, service, or application when the targeting is based upon Student Data that we acquired because of the use of our Services;
- use Student Data that we acquired because of the use of our Services to amass a profile about a student, except to provide the Services; or
- except as permitted or described in this Privacy Policy or the Terms of Use, disclose in any media or format Student Data that (a) is provided by a student, or the student’s parent or legal guardian, to us in the course of the student’s, parent’s or legal guardian’s use of our Services; (b) is provided by a school, coach, or other person or entity to us; or (c) is gathered by us through the operation of our Services.
Security of Student Data
We are committed to the security of Student Data. Accordingly, we shall:
- implement and maintain reasonable security procedures and practices appropriate to the nature of Student Data we store and use reasonable efforts to protect that Student Data from unauthorized access, destruction, use, modification, or disclosure;
- delete Student Data we store if the school requests deletion of the Student Data that it provides to us; and
- not knowingly retain, beyond the time period required to support the purposes authorized by the school, parent, or legal guardian (or the student age 18 or older), Student Data we store that has not been deidentified.
You are responsible for maintaining the security and confidentiality of your account username and password for purposes of your use of our Services.
Other Permitted Uses of Student Data
We may (and nothing in this Privacy Policy will limit our ability to):
- use Student Data that has been deidentified (a) within our Site, our Services, and our other sites, services, or applications to improve educational products, and (b) to demonstrate the effectiveness of our Site, our Services, and our other sites, services, or applications;
- share Student Data that has been aggregated and deidentified for the development and improvement of educational sites, services, or applications; and
- market educational products directly to parents so long as the marketing did not result from the use of Student Data obtained through our provision of our Services.
Other Data
We currently collect two different categories of information – Student Data and Other Data. We began above our policies and practices related to Student Data. If you are interested in reading about our policies and practices related to Student Data, click here. This portion of the Privacy Policy addresses Other Data.
Other Data We Collect and How We Collect Other Data
When you visit our Site or use our Services, we will collect Other Data. Other Data means information other than Student Data that we collect. Other Data may include personal information and other information.
The Other Data we collect may include personal information when you register for an account, post or transmit content (including any text, graphic, audio, video, or other content), or respond or subscribe to surveys, newsletters, or mailing lists.
Other Data may also include your referring page and URL, IP address, browser type and language, platform specifications, pages viewed, the time you spend on each page, the order in which you view pages, the date and time of your visit, the exit page and URL, and similar information.
We collect Other Data about your use of our Site and our Services via cookies, web beacons, clear gifs, or from the information that your device sends us. Cookies, web beacons, and clear gifs are small files we may send to your computer or other device when you use our Site or our Services or access and email we send you. We may be able to uniquely identify your browser with such technology. If you disable this technology in your browser, some features of our Site and Services may not function. We use session cookies and persistent cookies. Session cookies provide information to us while your browser is open. Persistent cookies provide information to us after you close your browser and later re-open it.
Why We Collect Other Data and How We Use Other Data
We use Other Data, and share Other Data with our affiliates, other businesses, suppliers, vendors, licensors, and agents, in order to operate, maintain and provide the features and functionality of our Site, our Services, and our other products and services.
In addition, our affiliates, other businesses, suppliers, vendors, licensors and agents may also use Other Data to maintain and provide the products and services they provide.
Your Control Over Other Data
At your request, we will:
- delete from our active databases Other Data that contains your personal information collected by us; and
- use reasonable efforts to correct Other Data that contains your personal information collected by us.
If you would like to make such a request, please contact us as described in the “Contacting Us” section below.
You may also change your choices for email subscriptions, newsletters, and alerts as described in the applicable subscription, newsletter, or alert.
You may also decline to submit Other Data to us that contains your personal information, in which case we may not be able to provide certain Services to you.
Security of Other Data
We use commercially reasonable safeguards to preserve the integrity and security of the Other Data. We do not, however, warrant the integrity and security of the Other Data. You are responsible for maintaining the security and confidentiality of your account username and password for purposes of your use of our Services.
Legal Compliance
We may take any action regarding any information if we believe such action is necessary to comply with applicable law, or to protect us, our Services, or our Site. Nothing in this Privacy Policy will be construed to limit or prohibit us from taking such action.
Other Transfers
If we are involved in a merger, acquisition, sale, bankruptcy, insolvency, reorganization, receivership, assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, or a change of control, we may disclose your personal information to another entity related to such event. Except where that entity remains subject to the provisions of this Privacy Policy, we will not sell Student Data to that entity. In all other cases, we may not control how the information is treated, transferred, or used by the entity.
Third party links
We may offer links to other sites from our Site or as part of our Services. We have no control over these external sites or their content and are not responsible for any actions that they may take or any information they may collect. You may arrive at such sites through clicking on an image or graphic, as part of a co-branding arrangement, or simply by selecting a link on another website. You should be aware that this Privacy Policy does not apply to your use of these sites. If you provide any information to such sites, different rules regarding the collection and use of your information may apply. Before using these linked sites, you may wish to review their privacy policies to understand how they treat privacy, security, data collection, disclosure, distribution, and use.
Your California Privacy Rights
Residents of the State of California, under the California Civil Code, have the right to request from certain companies conducting business in California a list of all third parties to which the company has disclosed personal information during the preceding year for direct marketing purposes and a disclosure of the shared information. If you are a California resident and wish to make such a request, please contact us as described in the “Contacting Us” section below.
Some web browsers and devices permit you to broadcast a preference to websites and online services that they “do not track” your online activities. At this time, we do not modify what information we collect or how we use that information based upon whether we receive such a signal.
If you are a California resident, you are under age 18, and you have registered an account for our Services, you may request the removal of the content you posted to our Services. To request such removal, contact us as described in the “Contacting Us” section below. Please include with your request your username and a clear statement that you would like us to remove the content you posted to our Services. We may require you to provide us with additional details in order to remove the content you posted to our Services. Please note that your request does not ensure the complete or comprehensive removal of the content you posted to our Services. We are not required to remove content you posted to our Services if you fail to follow our instructions related to such removal or if:
- we are required by law to maintain the content;
- a third party stored, posted, republished, or reposted the content; or
- we anonymize the content so that you cannot be individually identified by it.
Governing Law; Jurisdiction
Our Services and our Site are hosted in the United States. If you are using our Services or accessing our Site from outside the United States or any other region with laws or regulations governing personal data collection, use and disclosure that differ from the United States laws, please be advised that through your continued access to our Site and use of our Services, which are governed by U.S. law, you are transferring personal information to the United States and you consent to that transfer.
The laws of the State of Wisconsin and applicable United States law govern all matters arising out of or relating to the Privacy Policy, our Site, and our Services, including, without limitation, interpretation, construction, performance, and enforcement, without giving effect to such state’s conflicts of law principles or rules of construction concerning the drafter hereof. You hereby irrevocably and unconditionally submit to the jurisdiction of the federal and state courts located in Brown County, Wisconsin for the purpose of any suit, action, or other proceeding arising out of or based upon the Privacy Policy, your access to our Site and your use of our Services, which courts are the exclusive forum for any such suit, action, or other proceeding.
Changes to Our Privacy Policy
We reserve the right at our discretion to change the Privacy Policy at any time. We will post the most current version of the Privacy Policy to a privacy policy page on our Site and within our Services. Consistent with our commitment to the protection of Student Data, we shall not (a) use Student Data in any manner inconsistent with the terms of this Privacy Policy without first providing prominent notice to you and allowing you choices; or (b) make material changes to this Privacy Policy that are inconsistent with our contractual requirements regarding Student Data.
If we make a material change to this Privacy Policy, we will notify either by posting a notice on our Site or our Services or by contacting you through the email address associated with your account.
Changes will take effect as described in the notice. If you use our Services or access our Site after the change takes effect, you accept the Privacy Policy as modified.
This policy was last modified on June 28, 2018.
Contacting Us
You can contact us via email 3ESkills@gmail.com or at the following address:
The 3rd Element, Inc.
3527 Bay Harbor Drive
Green Bay, WI 54311
Please include your name, address, and any other information necessary to respond to you. We reserve the right to take reasonable steps to verify your identify.