Effective as of February 3, 2020
Rhithm, Inc. (“Rhithm”, “we”, “us”, or “our”) develops research-based social emotional learning and wellness products designed for use in classrooms, healthcare settings, and at home.
Note about Children: As required by applicable law and our Terms of Service, children under the age of 13 in the U.S. (and a higher age if required by the applicable law in another country) may only use our Services with the express prior consent of a parent or legal guardian. If you are a Teacher, School Administrator, or District Administrator you must obtain all necessary parental consents before allowing students to use the Services. If we learn that Personal Information of a child has been collected on our Services without prior parental consent, then we will take appropriate steps to delete this information. If you are a parent or guardian (“Parent”) and discover that your child under the age of 13 (or a higher age if required by applicable law) has a registered account with our Services without your consent, please contact your child’s school and contact Rhithm to request that we delete that child’s personal information from our systems.
1. What is this policy?
Remember that if you create a Profile (as defined below) or share Personal Information with other users on the Services, your information may be visible to others. However, student data will only be visible to their teachers and appropriate school and district administrators. Note that we do not share your Personal Information with third parties for their marketing purposes; however, we may share your Personal Information under certain limited circumstances. For more details, please review the section below entitled “Will Rhithm share any of the information it collects?”
We work with service providers to provide us with information regarding traffic on the Services, including the frequency of use and the actions users take when visiting the Services and to provide us with information regarding the use of the Services. We may work with learning management systems that provide us with a platform to host our application. If that is the case, then personal information may be stored on the learning management system’s server.
2. What information does Rhithm collect?
Information Shared With Us
1) Registration and Other Information You Provide
The Services may collect “Personal Information” (which is information that can reasonably be used alone or in combination with other reasonably available information, to identify or contact a specific individual). Personal Information includes, but is not limited to, student data, metadata, and user content. This may include a name, email address, student ID, password, assessment data or usage information. Any information combined with Personal Information will be treated as Personal Information.
2) Your Account
Your Account Page: Note that students do not create accounts; however, certain student information is collected through the school or school district account as described below:
School or School District Account
Student Information Collected:
- First name
- Last name
- Demographic information (optional)
- School and Classroom enrollment
- Student ID number
- Student assessment data
Teacher Information Collected:
- First name
- Last name
- Email Address
- School and District
- Teacher assessment data
- First name
- Last name
- Email address
- School and District
- Administrator assessment data
- First name
- Last name
- Email address
- District Administrator assessment data
3) Third Party Services and Information Third Parties Provide About You
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 Rhithm 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, which page you are visiting on our website, and may set a cookie to enable the third-party feature to function properly. When you use a third-party feature through the Services, the third party may also have access to information about you and your use of our Services. Your interactions with third-party links and features are governed by the privacy policies of the third parties.
You may access our Services through a third party platform that provides a school with access to our Services. If you access the Services through a third party, your data may be on their servers and is subject to their privacy policies.
Information We Collect Automatically
Like other websites and online services, we and our analytics providers, vendors and other third-party service providers may automatically collect certain “Usage Information” whenever you access and use the Services. For example, we may collect information regarding how often a user accesses certain features.
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 lead you to our Services (if applicable), all of the areas within our Services that you visit, and the time of day you used the Services, among other information. We may use Usage Information for a variety of purposes, including to select appropriate content to display to you and to enhance or otherwise improve the Services and our products.
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 the physical location of the Device used to access a Service, 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, we treat it as Personal Information.
Usage Information is collected via tracking technologies.
Like many other websites and apps, 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 assist our users and provide them 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. You can always disable cookies at your browser or device’s settings, but please note that if you do so, some (or all) of the features and functionality of our Services may not be available to you.
How We Respond To 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 service 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.
3. How does Rhithm protect children’s information
Protecting the privacy of young children is especially important to Rhithm. For that reason, we created certain features designed to help protect Personal Information relating to children who are less than 13 years of age or older if required by applicable law (“Child Users”).
Rhithm does not knowingly permit Child Users to use our Services without prior, express consent from a parent or legal guardian, except through agreements with schools or districts or as otherwise permitted under the Children’s Online Privacy Protection Rule (COPPA) and the Family Educational Rights and Privacy Act (FERPA). If we learn that Personal Information of a Child User has been collected on our Services without prior parental consent, then we will take appropriate steps to delete this information. If you are a parent or guardian (“Parent”) and discover that your child under the age of 13 (or a higher age if required by applicable law) has a registered account with our Services without your consent, please contact your child’s school and contact Rhithm to request that we delete that child’s personal information from our systems.
How does a child use the Services?
Child Users cannot access or use the Services without first receiving a prompt from their school. Rhithm obligates districts, schools, and teachers (or other authorized individuals) to first obtain any necessary parental consents before permitting children to access or use the Services.
What children’s information is visible to others?
No student’s profile is made available or visible to the public through Rhithm. If a teacher utilizes certain features on a device in the classroom, other students may be able to view information that is displayed by the teacher in the classroom, but students cannot view each other’s individual student profiles. Information from a child’s assessments may be shared with health professionals with parental consent.
To review your Child User’s data you must request the information from your child’s teacher.
A Note about FERPA:
Certain records collected or maintained by Rhithm are subject to FERPA. FERPA provides parents (or students if over the age of 18) with certain rights with regard to those records. For more information on those rights and other important information about FERPA, please see Rhithm’s FERPA Policy.
4. How does Rhithm use the information it collects?
We may use information about you, including Personal Information, the information you provide in your Profile, User Content, and Usage Information for the following purposes:
- To provide the Services. We use your personal information to verify your registration, allow you to participate in features we offer, contact you regarding the Services, and to allow other users to contact you. We will never contact a student directly.
- To operate the websites. Your personal information may be used to tailor content, recommendations and offers we display to you, both on the Services and elsewhere online, as well as to maintain or improve our Services.
- To send marketing communications. Anyone may sign up to receive communications from us regarding new or existing offerings or other materials that may be of interest. Recipients who have opted-in to such communications may unsubscribe at any time by clicking on the unsubscribe link in any email. Children under the age of 18 are prohibited from signing up for these communications and we will unsubscribe any person under the age of 18 that we become aware of signing up to receive these communications.
- To create anonymous data for analytics. We may make information anonymous by excluding information that makes it personally identifiable to you, and use that anonymous data for our lawful business purposes.
- For compliance, fraud prevention, and safety. We use your personal information as we believe is necessary or appropriate to (a) enforce our terms and conditions; (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.
- To comply with law. We 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.
- With your consent. In some cases, we may ask for your consent to collect, use, or share your personal information, such as when required by law or agreements with third parties.
Please note that information submitted on the Services via a “Contact Us” or other similar function may not receive a response. We will not use the information provided via these functions to contact you for marketing purposes unrelated to your request unless you agree otherwise.
5. Will Rhithm share any of the information it collects?
Rhithm does not share your Personal Information with third parties for their marketing purposes in compliance with all applicable laws. Rhithm may share non-Personal Information, such as aggregate or de-identified user statistics, demographic information and Usage Information with third parties.
- Service Providers
We will share your Personal Information with third parties to 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 certain Personal Information, such as teacher contact information, to companies that provide services to help us with our business activities, sending our emails, or offering customer service. We will not share any user’s assessment data without first obtaining the appropriate consents. We do not receive credit card information (full numbers or last four digits) because payments are made via wire transfer or other reasonable means for school accounts.
- 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; 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.
- Business Transitions
We may display personal testimonials of satisfied adult users on our Services in addition to other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us?
6. How does Rhithm work with third parties?
No Third-Party Advertising
Rhithm will never use any student data to advertise or market to students or their parents. We will not mine student data for any purposes other than those agreed to by the parties. Data mining or scanning of user content for the purpose of advertising or marketing to students or their parents is prohibited.
We work with service providers to provide us with information regarding traffic on the Services, including the features used when visiting the Services and to provide us with information regarding the use of the Services.
Third-Party Content, Links to Other Sites, and Rhithm Content Found Outside of the Services
Certain content provided through the Services may be hosted and served by third parties. In addition, the Services may link to third party websites or content over which Rhithm has no control and which are governed by the privacy policies and business practices of those third parties.
Please also note that Rhithm 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. Rhithm is not responsible or liable for the privacy practices or business practices of any third party.
For more information about data we receive from third parties, please refer to “Third Party Services, Social Media Platforms, and Information Third Parties Provide About You” above.
7. What happens if I access Rhithm’s services through a mobile device?
If you use the Services through a mobile device, you agree that Rhithm may store and use that information for security purposes (for example, for user verification or authentication and to ensure that our APIs are being used appropriately).
8. How does Rhithm protect and store my information?
Rhithm takes data security very seriously. Rhithm takes commercially reasonable technical, physical, and administrative security measures designed to protect the Personal Information submitted to us, both during transmission and upon receipt, and at rest. Such measures vary depending on the sensitivity of the information at issue. Measures taken to protect your data include the following:
- We periodically review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.
- We continually develop and implement features to keep your personal information safe – for example, all traffic to and from our application is over secure, encrypted protocols (SSL/TLS).
- We ensure passwords are stored securely using encryption and salted one-way hashing.
- Administrators are knowledgeable of security practices and harden the infrastructure with necessary patches.
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.
How will Rhithm handle a data breach or security incident?
In the event that Rhithm becomes aware of a data breach impacting your Personal Information, we will provide notification in compliance with all applicable laws. For example, we may post a notice on our homepage or elsewhere on the Service, and may email you at the email address you have provided to us. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
Rhithm has procedures in place that are designed to stop threats that may expose personally identifiable information, restore Services to full functionality, and document and take proactive steps to ensure the incident cannot be repeated. Rhithm will also preserve necessary evidence for investigation by security professionals and law enforcement as appropriate. In the unlikely event of an unauthorized disclosure of records, Rhithm will follow its internal procedures, which articulates how to report the problem to internal and external stakeholders. The notification process includes any information that can identify which customers and students may have been impacted, the data that may have been accessed, Rhithm’s process to inform affected customers, and steps to prevent the incident from happening again as appropriate.
In the unlikely event of an unauthorized disclosure of Data, Rhithm has implemented a process for responding to incidents and notifying affected individuals and, if applicable, law enforcement personnel.
If you have any questions about security on our Services, you can contact us at email@example.com.
9. How can I opt-out of sharing, providing, or receiving certain information?
Providing Personal Information: You can always decline to share personal information with us, or even block all cookies. However, it is important to remember that many of Rhithm’s features may not be accessible, or may not function properly – for example, we may not be able to remember your language preferences for you.
Email Communication: You can opt-out of receiving further communications by clicking the unsubscribe button at the bottom of an email. Rhithm may continue to send you Service-related emails, as we believe necessary to provide the Services. Rhithm will never email students.
10. How can I access and manage my personal information?
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 unless you request permanent deletion or the account is terminated.
11. What communications will I receive from Rhithm and how do I limit them?
Rhithm may post notices on the homepage.
Rhithm may send adult users information by email. You may choose to stop receiving certain emails from Rhithm by using the unsubscribe button at the bottom of the Rhithm email. However, we reserve the right to send you information on our behalf and on behalf of third parties in connection with providing the Services. If you no longer want to receive information from us, you will need to close your account for that Service.
12. How do I close my account?
If you use an account through your school or school district and you wish to close your account with one of our Services, please contact your school or school district and at their direction we will remove your Personal Information and Profile, if applicable, from the active databases for the Service(s) you request through your school or school district. Please let your school or school district know which Service(s) you wish to close.
13. How long does Rhithm keep my information?
Upon termination of your Account, Rhithm will take commercially reasonable steps to delete any Personal Information, excluding information relating to messages you sent to active users, from our live databases in a reasonable amount of time not to exceed ninety (90) days. You understand and agree that Rhithm may continue to have Personal Information in archive files or similar databases. You further agree that Rhithm has no obligation to delete aggregated or de-identified information. Rhithm may retain and use aggregated and de-identified information for any purpose consistent with laws and regulations.
14. How will Rhithm notify me of changes to this policy?
15. What if I do not live in the U.S.?
The Services are not currently intended for 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.
16. How can I contact Rhithm?