Privacy Policy

DATED 2023-12-08 · VERSION 20250313_rev01 · COMPARED WITH 20231210_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20231210_rev01 to 20250313_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

 . [How to Contact Us](https://clever.com/trust/privacy/policy)
 . [Jurisdiction-Specific Disclosures](https://www.clever.com/trust/privacy/policy)
 . [Changes to Our Privacy Policy](https://clever.com/trust/privacy/policy)
 In certain jurisdictions, we are required by applicable data protection laws to provide different or additional disclosures relating to the processing of personal information about residents of certain countries, regions or states. If you are a resident of the states of California, Colorado, Connecticut, Nevada, Virginia or Utah, or if you are located in the European Economic Area, Switzerland or the United Kingdom, Canada or Australia, please click on [Jurisdiction-Specific Disclosures](https://www.clever.com/trust/privacy/policy) for additional disclosures that may be applicable to you.
+##### We strive to be transparent in our data collection and use practices. This is the type of personal information we may collect. Student Data is used only for educational purposes at the direction of the School.
+We strive to be transparent in our data collection and use practices. This is the type of personal information we may collect. Student Data is used only for educational purposes at the direction of the School.
+#### 1\. HOW WE COLLECT AND USE INFORMATION
+## 1\. HOW WE COLLECT AND USE INFORMATION
 We collect the following types of information:
 **Information about Schools:** We ask for certain information when a School administrator registers a School with Clever, or if the administrator corresponds with us online, including a name, school name, school district, school email address and/or account name and password, phone number, message content, and information relating to the School's information systems. We may also retain information provided by a School if the School sends us a message via email, online chat, telephone, teleconference or in person, posts content to our website or through our Service, or responds to emails or surveys. Once a School begins using the Clever Service, we will collect content and information provided by the School through the School's use of the Service and we will keep records of activities related to the Service. We use this information to operate, maintain, and provide the features and functionality of the Service, to analyze and improve our Service offerings and functionality, and to communicate with our Schools and Website Visitors.
 If a School uses Clever IDM, Clever will also access user data from the School's identity provider to create, update, and archive user accounts in selected identity providers. This may include updates to account fields and an account's membership in organizational units and groups. If the School sets up Google Workspace as a destination in Clever IDM, Clever's use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.
 All of the information collected automatically through these tools allows us to improve your user experience, monitor and improve the Service and improve the effectiveness of our Service, communications features and customer service functionality. For example, we may use the data collected through cookies to: (a) remember information so that a user will not have to re-enter it during subsequent visits; (b) provide custom, personalized content and information; (c) identify you across multiple devices; (d) provide and monitor the effectiveness of our Service; (e) monitor aggregate metrics such as total number of visitors, traffic, and usage on our website and our Service; (f) diagnose or fix technology problems; (g) help users efficiently access information after signing in; and (h) otherwise to plan for and enhance our Service. On certain portions of our website, we and our third party partners may also collect device and usage data for purposes of tracking adult visitors to our websites and for other targeted advertising, attribution, research and analytics purposes. While we may permit third party advertising partners to collect information from visitors to adult-directed pages of our site (such as the support pages), we do not permit third party advertising networks to collect information about authenticated users our Service for the purpose of serving targeted advertising and we will never use Student Data for targeted advertising.
 If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Please note that doing so may negatively impact your experience using the Service, as some features and services on our Service may not work properly. Depending on your mobile device and operating system, you may not be able to delete or block all cookies. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.
 For more information about the types of tracking technologies we use and how you can control them, please see our [Cookie Notice](https://clever.com/trust/privacy/cookies).
+##### Student privacy is very important to us. Student Data is only shared in limited circumstances - and never shared with or sold to third parties for marketing purposes.
+Student privacy is very important to us. Student Data is only shared in limited circumstances - and never shared with or sold to third parties for marketing purposes.
 Clever only shares personal information in a few limited circumstances, described below. We do not rent or sell information for marketing purposes and we will never share or sell Student Data with third parties for marketing purposes
 **Who we may share information with:**
 - We share information within the Service as needed to perform the Service and/or at the direction of the School. For example, information including Student Data will be shared between and among authorized School users such as teachers and School administrators and will be shared with third parties such as specific Developers as directed and authorized by the School. This sharing will depend on the settings and functionality selected by the School.
 - We may share information in an aggregated and/or anonymous form that does not reasonably identify an individual or School. For example, we may use and share aggregate or anonymized data to study and improve our Service, user functionality, and product offerings.
 **In the event of a change of control:** If we sell, divest or transfer our business, we will not transfer personal information of our customers unless the new owner intends to maintain and provide the Service as a going concern, and provided that the new owner has agreed to data privacy standards no less stringent than our own. In such case we will provide you with notice and an opportunity to opt-out of the transfer of personally identifiable Student Data.
 **How Student Data is shared:** Other than the disclosures described above, Clever does not disclose Student Data other than as authorized and permitted by the School. The Clever Service may facilitate the School's sharing of Student Data with third parties. For example, some elements of our Service enable Schools to interact or communicate with parents, students, teachers and to share Student Data with designated third-party applications for the benefit of the student's education. Clever does not facilitate the sharing of any Student Data with third parties on the Service except on behalf of the School after the School has authorized a third party or application to access Student Data through the Service. Please remember that this Privacy Policy applies to the Clever Services, and not to other services or third-party applications, which have their own privacy policies. Schools should carefully read the privacy practices of each third-party application before agreeing to share Student Data with the third-party application through the Service.
+##### We take strong measures to keep data safe and secure.
+We take strong measures to keep data safe and secure.
+#### 3\. HOW WE PROTECT YOUR INFORMATION
+## 3\. HOW WE PROTECT YOUR INFORMATION
 **Storage and processing:** Any information collected through the Service from US residents is stored in the United States. Clever maintains strict administrative, technical, and physical procedures to protect information stored in our servers, which are located in the United States. Access to information is limited (through user/password credentials and two factor authentication) to those employees who require it to perform their job functions. We use industry-standard Secure Socket Layer (SSL) encryption technology to safeguard the account registration process and sign-up information. Other security safeguards include but are not limited to data encryption, firewalls, and physical access controls to buildings and files. You can learn more about our comprehensive security program by reviewing the [Clever Security Practices](https://clever.com/trust/security).
 **Unauthorized disclosure:** If there is any disclosure or access to any personally identifiable Student Data by an unauthorized party that compromises the security, confidentiality, or integrity of the Student Data, we will promptly notify the affected School(s) and will use reasonable efforts to cooperate with their investigation of the incident.
+##### Questions about data? Here are your options.
+Questions about data? Here are your options.
+#### 4\. YOUR CHOICES ABOUT YOUR INFORMATION
+## 4\. YOUR CHOICES ABOUT YOUR INFORMATION
 **Account information and settings:** Schools may update account information and modify Services by signing into the administrator account. Schools and other Website Visitors can opt-out of receiving promotional email from us by clicking on the "unsubscribe" feature at the bottom of each email. Sorry, you cannot unsubscribe from Service-related messaging.
 If you have any questions about reviewing or modifying account information, contact us directly by visiting our [Help Center](https://support.clever.com/).
 **Access to Student Data:** Student Data is provided and controlled by the Schools. If you have any questions about reviewing, modifying, or deleting personal information of a student, please contact your School directly.
 **How long we keep User Content:** Following termination or deactivation of a School account, Clever may retain School profile information and content for a commercially reasonable time for backup, archival, or audit purposes, but any and all Student Data associated with the School will be deleted promptly. We may maintain de-identified or aggregated data, including usage data, for analytics purposes. We also may not be able to delete information that was previously shared with other users (such as through messages) or information previously shared with third-party applications. If you have any questions about data retention or deletion, please contact us by visiting our [Help Center](https://support.clever.com/).
+##### We do not collect any information from students without consent.
+We do not collect any information from students without consent.
+#### 5\. CHILDREN'S PRIVACY
+## 5\. CHILDREN'S PRIVACY
 Clever does not knowingly collect any information from children under the age of 13 (or the applicable age of consent in local jurisdictions) unless and until the School has authorized us to collect such information through the provision of the Service to Students on the School's behalf. Because Clever collects and uses Student Data at the direction of and under the control of a School, Clever relies on each School to provide appropriate notice to parents of the School's use of third party service providers such as Clever, and for the Schools to provide consent and authorization for Clever to collect personal information from children under 13, as permitted by the Children's Online Privacy Protection Act (COPPA) and other applicable data protection laws. All personal information collected from or about a child under 13 is "Student Data" because when Clever collects personal information from a child on behalf of a School, the information is considered part of that child's educational record and is under the direct control of the School.
+Personal information collected from children
+##### Personal information collected from children
 We intentionally limit the collection of personal information from children to only what is needed to provide the Service. Most of the children's personal information collected by Clever is provided by the authorized School adult users, either manually or through an integration with School information systems, and is not collected directly from the children themselves. The type of personal information Clever collects from children depends on how the School uses the Service and the learning application the School connects through the Service. When the School allows its Students to log into the Clever Service to access third party applications that have been authorized by the School, Clever may collect: login credentials, authentication events, usage information about the child's use of the Service and activities, such as login timestamps, logs of third-party application access, content or messages sent or received through the Service, information about the child's interaction with third party Developers authorized by the School, and similar information. We also collect information about the browser or device used by the child to access the Service, including an IP address or other unique identifier. We may link or combine this information with personal information we receive about the Student from the School.
+How we use and disclose personal information collected from children
+##### How we use and disclose personal information collected from children
 We collect, use and disclose personal information from a Student under 13 for the use and benefit of the School and for no other commercial purpose.
 Clever only shares personal information collected from or about a Student under 13 in a few limited circumstances, described below. We do not rent or sell information for marketing purposes and we will never share or sell a child's personal information with third parties for marketing purposes.
 - The Clever Service may facilitate the School's sharing of Student Data with third parties as authorized and directed by the School. For example, some elements of our Service enable Schools to interact or communicate with parents, students, teachers and to share Student Data with designated third-party applications for the benefit of the student's education. Clever does not facilitate the sharing of any Student Data with third parties on the Service except on behalf of the School after the School has authorized a third party or application to access Student Data through the Service. Please remember that this Privacy Policy applies to the Clever Services, and not to other services or third-party applications, which have their own privacy policies. Schools should carefully read the privacy practices of each third-party application before agreeing to share Student Data with the third-party application through the Service.
 - We share information within the Service as needed to perform the Service and/or at the direction of the School. For example, information including Student Data will be shared between and among authorized School users such as teachers and School administrators and will be shared with third parties such as specific Developers as directed and authorized by the School. This sharing will depend on the settings and functionality selected by the School.
 - We share information with our trusted third-party service providers who perform technology services on our behalf (e.g., web hosting, chat providers, analytics services), but strictly for the purpose of carrying out their work for us. Contractors and service providers who may have access to Student Data in the course of performing their services are subject to confidentiality and data security requirements.
 - 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 [General Terms of Use](https://clever.com/trust/terms/), or if we believe in good faith that the disclosure is necessary to protect the rights, property or personal safety of our users.
 - We may use information in an aggregated and/or anonymous form that does not reasonably identify an individual or School. For example, we may use and share aggregate or anonymized data to study and improve our Service, user functionality, and product offerings.
 - If we sell, divest or transfer our business, we will not transfer personal information of our customers unless the new owner intends to maintain and provide the Service as a going concern, and provided that the new owner has agreed to data privacy standards no less stringent than our own. In such case we will provide you with notice and an opportunity to opt-out of the transfer of personally identifiable Student Data.
+Accessing or Deleting a Child's Personal Information
+##### Accessing or Deleting a Child's Personal Information
 Upon written request, we will provide the School the opportunity to access and review the personal information collected from their students. At any time, a School can refuse to permit any further collection of a child's personal information and/or request to delete a child's personal information. If you are a Parent and you have questions about the personal information collected by Clever, please discuss your questions with your child's School.
 Please contact us at trust@clever.com if you believe we have inadvertently collected personal information of a child without proper consent so that we may delete such data as soon as possible.
+#### 6\. LINKS TO OTHER WEB SITES AND SERVICES
+## 6\. LINKS TO OTHER WEB SITES AND SERVICES
 We are not responsible for the practices employed by websites, applications or services linked to or from our Service. We recommend that the School review the privacy policies of other applications before authorizing a third party to access data through the Service.
+#### 7\. HOW TO CONTACT US
+## 7\. HOW TO CONTACT US
 If you have any questions about this Privacy Policy or the Service, we recommend contacting us by visiting our [Help Center](https://support.clever.com/).
 Additionally, Clever can be reached:
 - By Email: [trust@clever.com](mailto:trust@clever.com)
 - By Phone: 1-800-521-6516
 If you are not satisfied with our response, you can contact the iKeepSafe Safe Harbor Program's dedicated consumer complaint department at: [coppaprivacy@ikeepsafe.org](mailto:coppaprivacy@ikeepsafe.org)
 If a Student contacts Clever with a question about our Service, we will collect personal information from that Student only as necessary to respond to the Student's request and direct the Student to contact the Student's School, and we will then delete or anonymize the personal data of the Student after providing our response.
+#### 8\. JURISDICTION-SPECIFIC DISCLOSURES
+## 8\. JURISDICTION-SPECIFIC DISCLOSURES
 We may be required by law to provide additional privacy disclosures, depending on the jurisdiction in which you reside. Please refer below for disclosures that may be applicable to you:
 - _United States._ If you are a resident of California, Colorado, Connecticut, Nevada, Utah or Virginia, please click [here](https://clever.com/trust/privacy/us-disclosures) for additional privacy disclosures.
 - _Europe._ If you are located in the European Economic Area, Switzerland or the United Kingdom ("Europe"), please click [here](https://clever.com/trust/privacy/europe) for additional Europe-specific privacy notice.
 - _Canada._ If you are located in Canada, please click [here](https://clever.com/trust/privacy/canada) for additional Canadian-specific privacy notice.
 - _Australia._ If you are located in Australia, please click [here](https://clever.com/trust/privacy/australia) for additional Australia-specific privacy notice.
+#### 9\. CHANGES TO OUR PRIVACY POLICY
+## 9\. CHANGES TO OUR PRIVACY POLICY
 Clever may modify or update this Privacy Policy from time to time so you should review this page periodically. [Click here](https://www.clever.com/trust/privacy/change-history) to see all changes to this Privacy Policy. If we change the policy in a material manner, for example, if we seek to use personal information in a materially different way than we had previously, we will provide at least 30 days' notice. Of course, you can always opt-out by deleting your account before the changes take effect.