Kira Learning Privacy Notice

Last Modified: October 10, 2023

This Privacy Notice is designed to help you understand how Kira Learning, Inc. (“Kira Learning,” “we,” “us,” and “our”) collects, uses, and shares your personal information and to help you understand and exercise your privacy rights.

1. Scope

This Privacy Notice applies to personal information processed by us, including on our websites, mobile application, and other online or offline offerings. To make this Privacy Notice easier to read, our websites, mobile application, and other offerings are collectively called the “Services.”

2. Changes to our privacy notice

We may revise this Privacy Notice from time to time in our sole discretion. If there are any material changes to this Privacy Notice, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Notice if you continue to use our Services after the new Privacy Notice takes effect.

3. Personal information we collect

The categories of personal information we collect depend on how you interact with us, our Services and the requirements of applicable law. We collect information that you provide to us, information we obtain automatically when you use our Services, and information from other sources such as third-party services and organizations, as described below.

A. Information you provide to us directly

We may collect the following personal information that you provide to us. Please see our COPPA Privacy Notice for more information about our collection of information about children under sixteen.

- Account Information: We may collect personal information in connection with the creation and administration of your account such as your name, email address, phone number, non-public information including educational records or details, and details about your employer.

- Child Registration: Children may provide personal information about their Responsible Parent for the purpose of helping the Responsible Parent provide their consent for the Child’s use of the Services. This may include, but is not limited to, the Responsible Parent’s name and email address.

- Your Communications with Us: We may collect personal information, such as email address, phone number, or mailing address when you request information about Kira Learning or the Services, or otherwise communicate with us.

- Interactive Features: We may collect personal information that you submit or make available through our interactive features (e.g., video conferencing feature, contact functionalities, social media pages, etc.). Please note that to use our video conferencing feature, you will need to provide Kira with access to your device’s microphone and/or camera and consent to our making a video and audio recording of you. Any recordings of video conferencing meetings we collect will not be made generally available to the “public” unless we have provided you with notice of this practice and obtained your consent. Any personal information you provide on any public sections of these features will be considered “public,” unless otherwise required by applicable law, and is not subject to the privacy protections referenced herein.

- Surveys: We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.

- Conferences, Trade Shows, and Other Events: We may collect personal information from individuals when we attend conferences, trade shows, and other events.

- Business Development and Strategic Partnerships: We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.

- Job Applications: We may post job openings and opportunities on our Services. You may reply to one of these postings by submitting your application, CV, cover letter, and/or other information to us.

B. Information collected automatically

We may collect personal information automatically when you use our Services:

- Automatic Data Collection: We may collect certain information automatically when you use our Services, such as your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, browser or device information, location information (including approximate location derived from IP address), and Internet service provider. We may also automatically collect information regarding your use of our Services, such as analytics about your use of the Services, personal information contained in any content you generate using our Services, details about your software coding efforts and capabilities, your coursework progress, pages that you visit before, during and after using our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Services.

- Cookies, Pixel Tags/Web Beacons, and Other Technologies: We, as well as third parties that provide content, advertising, or other functionality on our Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through your use of our Services.

- Cookies: Cookies are small text files placed in device browsers that store preferences and facilitate and enhance your experience.

- Pixel Tags/Web Beacons: A pixel tag (also known as a web beacon) is a piece of code embedded in our Services that collects information about engagement on our Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.

Our uses of these Technologies fall into the following general categories:

- Operationally Necessary: This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular website behavior, prevent fraudulent activity and improve security or that allow you to make use of our functionality;

- Performance-Related: We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how individuals use our Services (see Analytics below);

- Functionality-Related: We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;

- Advertising- or Targeting-Related: We may use first party or third-party Technologies to deliver content, including ads relevant to your interests, on our Services or on third-party websites.

- Analytics: We may use Technologies and other third-party tools to process analytics information on our Services. Some of our analytics partners include Google Analytics. For more information, please visit Google Analytics’ Privacy Policy. To learn more about how to opt-out of Google Analytics’ use of your information on our website, please click here.

C. Information collected from other sources

We may obtain information about you from other sources, including through third-party services and organizations.

4. How we use your information

We use your information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described below. Please see our COPPA Privacy Notice for more information about our use of information about children under sixteen.

A. Provide our services

We use your information to offer our Services to you and for our internal business purposes, such as:

- Managing your account and information;

- Answering requests or inquiries;

- Communicating with you, including about activities on our Services and policy changes;

- Processing applications if you apply for a job we post on our Services; and

- Allowing you to register for events.

If a child under the age of sixteen wishes to register for our Services and provides us with their parent’s or guardian’s first name, last name and email address, we will only use the parent’s name and email address to obtain consent to process the child’s information, unless the parent or guardian opts-in to other uses of the name and email address by Kira.

B. Administrative purposes

We also use your information for various administrative purposes, such as:

- Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;

- Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;

- Measuring interest and engagement in our Services;

- Improving, upgrading or enhancing our Services;

- Developing new products and services;

- Ensuring internal quality control and safety;

- Authenticating and verifying individual identities;

- Debugging to identify and repair errors with our Services;

- Auditing relating to interactions, transactions and other compliance activities;

- Sharing information with third parties as needed to provide the Services;

- Enforcing our agreements and policies; and

- Other uses as required to comply with our legal obligations.

C. Marketing and advertising our products and services

We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law.

Some of the ways we may market to you include email campaigns, text messages, phone calls, custom audiences advertising, and “interest-based” or “personalized advertising,” including through cross-device tracking.

If you have any questions about our marketing practices or if you would like to opt out of the use of your personal information for marketing purposes, you may contact us at any time as set forth in “Contact Us” below.

D. Other purposes

We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.

- De-identified and Aggregated Information: We may use personal information and other information about you to create de-identified and/or aggregated information, such as de-identified demographic information, de-identified location information, information about the device from which you access our Services, or other analyses we create.

5. How we disclose your information

We disclose your information to third parties for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below. Please see our COPPA Privacy Notice for more information about our disclosure of information about children under sixteen.

A. Disclosures to provide our services

The categories of third parties with whom we may share your information are described below:

- Service Providers: We may share your personal information with our third-party service providers who use that information to help us provide our Services. This includes service providers that provide us with IT support, hosting, and other related services.

- Other Users You Share or Interact With: The Services may allow you to share personal information or interact with other users.

- Your Teacher, School, or School District: If you use our Services as a student on behalf of a school or school district, your teacher, school, and/or school district may access personal information related to your use of the Services.

- Affiliates: We may share your personal information with members of our corporate family.

- Business Partners: We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information to business partners with whom we jointly offer products or services.

- Advertising Partners: We may share your personal information with third-party advertising partners. These third-party advertising partners may set Technologies and other tracking tools on our Services to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for purposes of delivering personalized advertisements to you when you visit digital properties within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.”

B. Disclosures to protect us or others

We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.

C. Disclosure in the event of merger, sale, or other asset transfers

If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.

6. Your privacy choices and rights

- Email and Telephone Communications: If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding our Services or updates to our Terms or this Privacy Notice).

- Text Messages: You may opt out of receiving text messages from us by following the instructions in the text message you have received from us or by otherwise contacting us.

- “Do Not Track.” Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

- Cookies and Interest-Based Advertising: You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Services may not work properly. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android, iOS and others.

- The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative, the Digital Advertising Alliance, the European Digital Advertising Alliance, and the Digital Advertising Alliance of Canada.

- Please note you must separately opt out in each browser and on each device.

7. Security of your information

We take steps to ensure that your information is treated securely and in accordance with this Privacy Notice. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure.

By using our Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on our Services, by mail or by sending an email to you.

8. International data transfers

All information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. You expressly consent to these transfers.

9. Supplemental notice for Nevada residents

If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A.

10. Children’s information

Protecting children’s privacy online is very important to us. Although our Services are designed for a general audience, we take additional steps to obtain verifiable parental consent before collecting any personal information from a child under the age of sixteen in the limited instances our Services are available to such children. For more details regarding our processing of personal information that we collect from children, please see our COPPA Privacy Notice.

11. Third-party websites/applications

The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk.

12. Supervisory authority

If you are located in the European Economic Area, Switzerland, or the United Kingdom you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.

13. Contact us

Kira Learning is the controller of your personal information. If you have any questions about our privacy practices or this Privacy Notice, or to exercise your rights as detailed in this Privacy Notice, please contact us at:

Kira Learning, Inc.

195 Page Mill Rd

Palo Alto, CA 94306

info@kira-learning.com

Kira Learning – FERPA statement

The privacy of students’ information is important to us. Our collection and use of personal information and educational records are governed by our contracts with schools, our Privacy Notice including our COPPA Privacy Notice (applicable to data of children under 13), and by applicable privacy laws including the Family Educational Rights and Privacy Act (FERPA). We seek to protect personal information and records of students as required by FERPA.

Our hosting providers, including Amazon Web Services (provided by Amazon.com, Inc.) will hold all data processed by our platform on their servers, and make the platform available to students, teachers and to us for use. The personal information (as defined pursuant to FERPA) that we hold includes each student’s first and last name, IP address from which they access the Services, their email address, their age or school year, the name of their school, their software development skill level, and audio and video files containing their voice, image and likeness.

Our analytics services providers, including Google Analytics provided by Google LLC, automatically collect information from our students, including children, when they access and navigate through our services and use certain of their features. The information we and our service providers may collect through these technologies includes:

- Information about the student’s interactions with our Services, including: the languages they choose; pages they visit; when they approach the bottom of each page; when our webpages are in focus on their device; what webpages they come from and head to; their screen resolution; when they access files; the first time they interact with a form; when they submit a form; their search results; and the start time, end time, and progress of any videos they may watch.

- Information about your child as a user of our Services, including: the city, country, continent, subcontinent, region, browser, and IP address from which user activity originated, and the operating system and platform that they use to visit our Services.

If you are a parent of a child under 18 or an eligible student over the age of 18, you have certain rights with respect to the information we and schools process about students, including the rights to access, inspect and review educational records; challenge and correct their contents; prevent their disclosure without prior written consent (unless we are authorized by law to make such disclosures without consent); and request copies of records we have disclosed.

If you have any other questions or would like to exercise any other rights set forth above, please contact the student’s school directly, or reach out to us at info@kira-learning.com.