Our Commitment To Privacy
Our Commitment To Privacy
At Learn Jelly, we believe that all students, learning guardians and families will benefit from the confidence and comfort that result from well-conceived and thoughtful policies on privacy protection. That is why we have signed the Student Privacy Pledge. We honor the Pledge as we await the signing of the proposed Student Digital Privacy Act into law.
A detailed look at our privacy practices and policies.
FERPA by U.S. Department of Education
Legislative proposal released on January 15, 2015 designed to ensure that data collected in the educational context is used only for educational purposes.
In order for a student to participate in the Learn Jelly Free Trial Program, the Learn Jelly Elementary School Program and/or other Learn Jelly products (the “Programs”), a parent or a legal guardian of that student or an authorized school official must first register at the Learn Jelly website. If you do not register at our website, you and your student(s) will not be able to use the programs. This registration process will require you to provide your name and email address. For Individual Customer accounts, we require your phone number, payment method and credit card information, including your billing address. Once you have registered, you may then sign up your student(s) for the Programs by providing each student’s first and last name, gender and their current school grade level; additionally, for Individual Customers, you will be required to provide their date of birth. We call this information “Registration Information.” We will also require a process to verify your consent to the registration of your student and to the collection of your student’s Registration Information. When you and your student(s) participate in the Programs, Learn Jelly will automatically collect information about your patterns of usage, order history, participation in promotions, session data and other information relating to usage, choices and preferences; including that of your student(s). We call this information “Participation History.”
Email Address: For our customers who are parents and school administration officials, your email address will serve as your login username. Your email address may be used to send a confirmation email at registration, as well as information and updates to the Programs. In some cases we will also email your student’s personal reports to you, with further information about the progress your student is making on the Programs. We may use the email address as an additional means of communicating with you about the Programs and Learn Jelly, including notifying you of updates to the Web Site or its related policies. For our customers that are individuals or students, your name or other identifier set up at registration, or a picture identifier chosen after registration, will serve as your login username.
Student’s Name: Your student’s name will be used to customize your student’s participation in the Programs, as well as to personalize the reports and updates about your student’s progress in the Programs. In addition, for our customers that are individuals or parents or the legal guardian of a student, in some cases we may mail related material to you or your student using your name, or in the case of a student, his/her name, to the mailing address that you provide.
Phone Number: Your phone number will serve as an alternate way of contacting you for the same purposes as the email address. We will never call a student directly.
Credit Card Information: For our customers that are individuals or parents or legal guardians of a student, in some cases, with your consent, we may use and save your credit card information to bill you for each student that you register for the Programs.
Student’s Date of Birth: If provided, we will use a student’s age to group Performance Data of children of similar age so we can assess performance by age, and improve the program. Such information will be aggregated with other clients and customers in an anonymous manner and will not include any information that could be used to identify a specific student.
Student’s School Grade Level: We will use a student’s grade level to group Performance Data of children of similar grades so that we can assess performance by grade level, and improve the program. Such information will be aggregated with other clients and customers in an anonymous manner, and will not include any information that could be used to identify a specific student.
Student’s Gender: We will use a student’s gender to personalize the Program’s experience. In addition, we will use a student’s gender to group Performance Data of children of the same gender so that we can assess performance by gender, and improve the program.
Mailing Address: Your mailing address may be used to allow Learn Jelly to mail you various Program materials and ancillary program products. We will never contact a student directly.
Secondary Uses: Registration Information and other information may be used by us for demographic profiling and targeted advertising, although in such cases, the information will be aggregated as ANONYMOUS statistical information. Learn Jelly WILL NOT sell, trade or assign any un-aggregated personal information we collect to third parties outside of Learn Jelly; nor will we ever directly target any type of communication to a student.
Participation History: Participation History will be collected for client care, development, marketing and other operational and business purposes; including improvements to the Programs by Learn Jelly. Such information will not be disclosed to third parties or used for advertising directly to student users.
Learn Jelly collects information directly from your student through the use of the internet, in the form of the interactions that your student makes when participating in the Programs. We refer to the data resulting from such participation as "Performance Data". This includes, but is not limited to, data on when your student starts and stops a lesson, the responses your student makes to questions asked, the timing of your student’s responses, your student’s choice of character and customizations and the choice of lessons to play that are accessed. We will use Performance Data to (1) measure your student’s performance in each lesson of the Learn Jelly Programs and to adapt the Programs to his or her learning needs, (2) analyze your student’s Performance Data and provide you with periodic progress reports about your student’s performance in the Programs, and (3) make improvements within the Programs. If we need to collect information, that is not Performance Data, directly from a student, Learn Jelly will seek authorization of a parent or guardian prior to collecting such additional information. In addition, we may aggregate your student’s Performance Data with the Performance Data of other students participating in the Programs for marketing and other business related purposes. Aggregate information will be ANONYMOUS and will not identify your student, nor will it be combined with other information that would allow individual students to be identified.
Because the Learn Jelly Programs are individualized and customized for each student, all information that is requested from you and your student is required for you and your student to participate in the Programs, with the exception of certain information to be used for our marketing purposes to you only. At any time, you may revoke your consent in allowing your student to participate in the Learn Jelly Programs, or refuse to allow Learn Jelly to further use or collect your student’s personal information. Any ANONYMOUS performance data will be retained, but we will no longer use any identifiable information regarding you or your student that you have provided. If any foregoing is initiated by you, you and your student will not be able to participate in the Programs.
You may review and modify your Registration Information at any time by accessing our website using your password.
In order to use the Programs, you will be asked to submit certain personal information about both you and your student to authorize the use of Learn Jelly and its information. For our Consumer that are individuals, if you are a parent or legal guardian of a student that will use Learn Jelly, we will require you to review and submit a Parental Consent as part of the registration process. This process will require you to consent to our collection, and use of all information directly from your student over the Internet as described above.
You will be asked to select a password to access the Programs through our website. This password will be used to allow your student to use the Programs. Your password should be kept confidential. Your password will also allow you to review and change the information we collect about you and your student(s).
No data transmissions over the internet can be guaranteed 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us; you do so at your own risk. Learn Jelly has multiple security measures in place to protect the loss, misuse or alteration of information under our control.
Learn Jelly WILL NOT sell, trade or assign any unaggregated personal information that it collects to third parties outside of Learn Jelly. We, however, may aggregate the information that we collect from users of our website to create demographic profiles and performance profiles regarding the progress of students who use the Programs. Learn Jelly may share aggregated information with marketing professionals or potential investors. This aggregated information will be compiled and reported in the form of ANONYMOUS group statistics only in such a manner that makes individual student users unidentifiable. In addition, in order to offer and improve the Programs, Learn Jelly may share Registration Information about the parents, legal guardians, and school officials that register to participate in the Programs, along with such registrants’ Participation History, to contractual business partners of Learn Jelly that are directly involved in the sale, distribution, operation, maintenance, and support of the Programs on behalf of Learn Jelly.
Learn Jelly will not send you unsolicited third-party promotional emails.
Cookies cannot be used to gather personal information from your computer.
For our Individual Customers or parents or legal guardians of a student: Congress has enacted a law called the Children’s Online Privacy Protection Act of 1998 (COPPA) that is designed to protect children’s privacy during use of the Internet. Learn Jelly has implemented practices consistent with the guidelines provided by the Federal Trade Commission to date.
If you would like more information about COPPA, please go to http://www.ftc.gov/ogc/coppa1.htm.
The Children’s Internet Protection Act (CIPA) is a federal law enacted by Congress in December 2000 to address concerns about access to offensive content over the Internet on school and library computers. CIPA imposes certain types of requirements on any school or library that receives funding support for Internet access or internal connections from the “E-rate” program — a program that makes certain technology more affordable for eligible schools and libraries. Our Programs do not provide links to external resources or chat rooms, and do not contain any offensive or inappropriate material. If you would like more information about CIPA, please go to http://www.fcc.gov/cgb/consumerfacts/cipa.html.
For our School Customers: The Family Educational Rights and Privacy Act (FERPA) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.
FERPA gives parents certain rights with respect to their children’s education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Learn Jelly helps our School Customers be compliant with FERPA. Specifically:
Any sensitive online information is transmitted over secure channels
All student data are stored in ways that are not publicly accessible
Security audits are regularly performed to ensure data integrity
Learn Jelly does not share information with any third parties that could be used to personally identify students. If a school requests that student data be sent to a third party, with parental consent, Learn Jelly will send the data to the school and never directly to the third party.
If you would like more information about FERPA, please go to http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html.
If you have any questions about your privacy or security measures at Learn Jelly, please contact our Privacy Officer:
Attn: Learn Jelly, Inc.
550 East Rollins Street
Orlando Florida 32803
email us at: firstname.lastname@example.org
Some Services and Software may be offered to you on a fee basis. All fees are quoted and must be paid in U.S Dollars. If you elect to purchase fee-based Services or Software and transmit to Learn Jelly a purchase request, you warrant that your use of the particular credit card or other Learn Jelly accepted payment method is authorized and that all information that you submit to Learn Jelly, or any third party designated by Learn Jelly, is true and accurate (including, without limitation, your credit card number and expiration date), and you agree to pay all fees, including any applicable sales taxes, you incur. Any account name, password, or user ID supplied to you in connection with any fee-based Services or Software you purchase is personal to you and the members of your household, and you may not transfer or make available your account name, password, or user ID to others. Any distribution by you of such account name, password, and/or user ID may result in cancellation of the fee-based Services and Software without refund and the imposition of additional charges based on your unauthorized use.
Learn Jelly likes to hear from you. However, please keep in mind that Learn Jelly does not accept or consider any creative ideas or suggestions relating to products or marketing plans unless it has specifically requested them. Therefore, please do not send to Learn Jelly any creative or original materials such as ideas for software products, games, or other products, or any other creative suggestions, ideas, notes, drawings, concepts or other information. Learn Jelly shall be free to use any such ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information and shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any submission.
All posts by the authors, guest authors and visitors reflect personal thoughts and opinions which are not necessarily those of the company.
When you post Content, you hereby grant (or warrant that the owner of the Content grants) us and each user of the Site, Software or the Services a royalty-free, perpetual, irrevocable, fully sublicensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the Content for any purpose and without acknowledgement to you. By posting or providing Content, you represent and warrant that public posting and use of your Content by us and any of our users will not infringe on or violate the rights of any third party.
In addition, subject to the terms of this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Software solely to use the Service to the extent you have the right to access the Service. Your right to access the Service will be limited by the terms of this Agreement. Except for this license granted to you, we retain all right, title and interest in and to the Software, including all related intellectual property rights. The Software and Services are protected by applicable intellectual property laws, including United States copyright law and international treaties. Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Software and/or Services; (b) rent, lease, or sublicense the Software and/or Services; nor (c) circumvent or disable any security or technological features or measures in the Software and/or Services. You may not export or re-export the Software and/or Services without (a) the prior written consent of Learn Jelly; and (b) complying with applicable export control laws and obtaining any necessary permits and licenses.
You agree not to use the Site, Software or the Services to:
upload, post, e-mail or otherwise transmit any Content that contains personally identifying information (such as actual names, phone numbers, mailing addresses, e-mail addresses and URL), unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
harm minors in any way, or write comments that in any way refer to person(s) under 18 years of age;
impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
upload, post, e-mail, or otherwise transmit Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships, or under nondisclosure agreements);
upload, post, e-mail, or otherwise transmit Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party;
upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation;
upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Services, Software, the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
intentionally or unintentionally violate any applicable local, state, national, or international law, “stalk” or otherwise harass another, or collect or store personal data about other users;
use any automated means to access the Site, Software or the Services or collect any information from the Site, Software or the Services (including, without limitation, robots, spiders, or scripts); or
frame the Site, Software or the Services, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you must not engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information.
If you are dissatisfied with the Site, Services and/or Software, or with any terms, conditions, rules, policies, guidelines or practices of using the Site, Services and/or Software, your sole remedy is to discontinue using the Site, Services and/or Software.
We do not provide links to other Web sites or resources to our School Customers. However, for our customers that are individuals, we may provide, or third parties may provide, links to other Web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. LEARN JELLY INC. IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE.
Your correspondence or business dealings with, or participation in promotions of, other users, advertisers, or partners found on or through the Site, Software or the Services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such user, advertiser, or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site, Software or the Services.
Learn Jelly controls and operates this Site from its offices in Orlando, Florida, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this Site, Software and Services from other locations you are responsible for compliance with applicable local laws. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect.
In the event that you have a dispute with one or more users of the Site, Software or the Services, you release Learn Jelly. Inc. and its stockholders, directors, officers, employees, agents, representatives, partners, and affiliates from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code — 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Learn Jelly. Inc. respects the intellectual property rights of others, and requires that the people who use the Site, Software and the Services do the same. It is our policy to respond promptly to claims of intellectual property misuse.
If you believe that your work has been copied and is accessible on the Site, Software or the Services in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
identification of the copyrighted work that you claim has been infringed;
identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
your name, address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Copyright Act OF 1998 (“DMCA”) is:
Attn: Learn Jelly
550 East Rollins Street
Orlando Florida 32803, U.S.A.
Attn: Copyright Infringement
After receiving a claim of infringement, we will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.
Upon receipt of a proper counter notification under the DMCA, we will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that we will replace the removed material or cease disabling access to it in 10 business days.
Unless our designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the Site, Software or the Services, we will replace the removed material and cease disabling access to it.
You may provide us with a counter notification by providing our copyright agent the following information in writing:
your physical or electronic signature;
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which we may be found and that you will accept service of process from the person who provided the initial notification of infringement.