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Privacy Policy

Effective Date: October 25th, 2024

Table of Contents

  • 1. Acceptance of Policy
  • 2. Information We Collect
  • 3. How We Use Your Information
  • 4. How We Share Your Information
  • 5. Student Data Handling
  • 6. Data Security Measures
  • 7. Data Retention
  • 8. International Data Transfers
  • 9. User Rights and Choices
  • 10. Third-Party Services and Links
  • 11. Supplemental Statements
  • 12. Ethical Use of AI
  • 13. Cookie Policy
  • 14. Governing Law
  • 15. Updates to This Policy
  • 16. Contact Information

1. Acceptance of Policy

At Blueye Labs, Inc. ("we," "us," or "our"), we are committed to protecting your privacy. This Privacy Policy outlines how we collect, use, store, and protect your personal information when you use our services. By accessing or using our platform, you agree to the terms of this Privacy Policy.

2. Information We Collect

Personal Information

We collect personal information that you voluntarily provide when you:

  • Register for an account
  • Request information about our services
  • Use our tools
  • Opt into marketing communications
  • Interact with our services
  • Contact our support team

The personal information we collect includes, but is not limited to:

  • Name
  • Email address
  • Account credentials (passwords)
  • Educational institution information
  • Role or job title
  • Any content you create or upload using our platform

Student Personal Information

We collect Student Personally Identifiable Information (PII) only for purposes authorized by the educational institution/agency, teacher, or the parent/student. This includes:

  • Student names
  • Student email addresses
  • Student educational records
  • Any content created or uploaded by students using our platform

Automatically Collected Information

When you use our services, we may automatically collect certain information, such as:

  • IP address
  • Device information (e.g., device type, operating system, browser type and version)
  • Log data (e.g., access times, pages viewed)
  • Usage data and analytics (e.g., features used, actions taken within the platform)
  • Location data inferred from your IP address

Cookies and Tracking Technologies

We use cookies and similar tracking technologies to enhance your experience, analyze usage, and deliver personalized content. The types of cookies we use include:

  • Performance Cookies: These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site.
  • Functional Cookies: These cookies enable enhanced functionality and personalization. They may be set by us or by third-party providers whose services we have added to our pages.
  • Strictly Necessary Cookies: These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually set only in response to actions made by you which amount to a request for services.

You can control cookies through your browser settings. However, disabling cookies may affect the functionality of our services.

3. How We Use Your Information

We use the information we collect for various purposes, including:

  • Providing and maintaining our services
  • Improving and personalizing your experience
  • Communicating with you, including sending marketing communications
  • Analyzing usage and trends to enhance our platform
  • Ensuring compliance with legal obligations
  • Protecting our legal interests and preventing fraud
  • Enhancing security and preventing unauthorized access

Use of Student Personal Information

We collect, use, share, and retain Student PII only for purposes authorized by the educational institution/agency, teacher, or the parent/student. We will not build a personal profile of a student other than for supporting authorized educational/school purposes or as authorized by the parent/student.

4. How We Share Your Information

We may share your personal information under the following circumstances:

  • Service Providers and Subprocessors: We share information with trusted third-party service providers and subprocessors who assist us in operating our platform, conducting our business, or servicing you. We require that our vendors with whom Student PII is shared in order to deliver the educational service are obligated to follow these same commitments for the given Student PII. For a detailed list of our subprocessors and the purposes for which we share information, please refer to our Subprocessors List.
  • Legal Requirements: If required by law or in response to valid requests by public authorities (e.g., a court or a government agency).
  • Business Transfers: In connection with a merger, acquisition, or sale of all or a portion of our assets, provided that the successor entity is subject to these same commitments for the previously collected Student PII.
  • With Your Consent: We may share your information with third parties when we have your consent to do so.

Data Sharing Limitations

  • No Sale of Personal Information: We do not sell personal information, including Student PII.
  • No Behavioral Advertising to Students: We do not use or disclose student information collected through our services for behavioral targeting of advertisements to students.
  • No Personal Profile Building: We will not build a personal profile of a student other than for supporting authorized educational/school purposes or as authorized by the parent/student.

5. Student Data Handling

We are committed to protecting the privacy of students. In compliance with the Family Educational Rights and Privacy Act (FERPA) and the Children's Online Privacy Protection Act (COPPA):

  • Authorized Use Only: We collect, use, share, and retain Student PII only for purposes authorized by the educational institution/agency, teacher, or the parent/student.
  • Anonymization: We strive to anonymize all student data before it is processed by our systems, including artificial intelligence tools.
  • Access and Permission: We will never access or use student data without proper permission from authorized parties. We support access to and correction of Student PII by the eligible student or their authorized parent, either by assisting the educational institution in meeting its requirements or directly when the information is collected directly from the student with student/parent consent.
  • Agreements with Educational Institutions: We enter into data protection agreements with educational institutions to govern the handling of student data.
  • No Direct Collection from Children: We do not collect personal information directly from children under the age of 13 without appropriate consent.
  • Parental Rights: Parents or guardians can review or request deletion of their children's personal data by contacting the educational institution or us at support@blueye.org.

6. Data Security Measures

We employ industry-standard security measures to protect your personal information, including Student PII, from unauthorized access, alteration, disclosure, or destruction. These measures include:

  • Encryption in Transit and at Rest: Data is encrypted using TLS during transmission and AES-256 encryption when stored.
  • Access Controls: Strict access controls limit access to personal data to authorized personnel only.
  • Regular Security Audits: We conduct periodic reviews and audits of our security practices.
  • Intrusion Detection Systems: Systems are in place to detect and prevent unauthorized access.
  • Incident Response Plan: A structured plan addresses potential data breaches or security incidents.
  • Monitoring and Audits: Continuous monitoring for potential security threats and conducting regular security assessments and audits.

However, please note that total security can never be guaranteed for any method of transmission over the internet or electronic storage.

7. Data Retention

We retain your personal information, including Student PII, only as long as necessary to fulfill the purposes outlined in this Privacy Policy and to comply with legal obligations. We will not knowingly retain Student PII beyond the time period required to support the authorized educational/school purposes or as authorized by the parent/student. The retention periods for different categories of data are as follows:

  • Account Information: Retained as long as your account is active or as needed to provide you with our services.
  • Usage Data: Retained for analysis and improvement purposes, generally for up to 24 months.
  • Marketing Data: Retained until you opt-out or unsubscribe from marketing communications.

When your personal information is no longer required, we will delete or anonymize it securely. If you delete your data or account, the information will be removed promptly from our active systems, though it may remain in backups for a limited time (up to 90 days).

8. International Data Transfers

Our services are accessible worldwide. By using our platform, you consent to the processing of your information in the United States and other countries where data protection laws may differ from those in your jurisdiction.

GDPR Compliance

For users in the European Economic Area (EEA) and the United Kingdom:

  • Legal Basis for Processing: We process personal data based on your consent, to fulfill a contract, or for legitimate business interests.
  • Data Transfers: We use Standard Contractual Clauses and other mechanisms approved by the European Commission to ensure adequate data protection during international transfers.
  • Your Rights: You have the right to access, correct, delete, or restrict your personal data, and to object to certain processing activities.

9. User Rights and Choices

Access, Update, or Delete Information

You have the right to access, correct, or delete your personal information, including Student PII. To exercise these rights, please contact us at support@blueye.org.

Opt-Out Options

  • Data Collection: If you wish to limit data collection, please email us at support@blueye.org. Please note that opting out may limit your use of certain features.
  • Marketing Communications: You can opt-out of marketing emails by clicking the unsubscribe link in our emails or by contacting us.
  • Cookies: You can manage your cookie preferences through your browser settings.

Do Not Track Signals

Our platform does not respond to "Do Not Track" signals from web browsers. Currently, no industry standard exists for how to handle such signals.

Your Rights Under Applicable Laws

Depending on your location, you may have the following rights regarding your personal data:

  • Right to Access: Obtain a copy of your personal data.
  • Right to Rectification: Correct inaccurate or incomplete personal data.
  • Right to Erasure: Request deletion of your personal data.
  • Right to Restrict Processing: Restrict the processing of your personal data under certain circumstances.
  • Right to Data Portability: Receive your personal data in a structured, commonly used, and machine-readable format.
  • Right to Object: Object to the processing of your personal data based on legitimate interests or for direct marketing purposes.
  • Right to Withdraw Consent: Withdraw your consent at any time where we rely on consent to process your personal data.

To exercise these rights, please contact us at support@blueye.org.

11. Supplemental Statements

California Consumer Privacy Act (CCPA) Compliance

For California residents:

  • Your Rights: You have the right to request information about the categories and specific pieces of personal information we have collected about you, to request deletion of your personal information, and to opt-out of the sale of your personal information.
  • Non-Discrimination: We will not discriminate against you for exercising any of your CCPA rights.
  • How to Exercise Your Rights: To exercise your rights, please contact us at support@blueye.org.

Do Not Sell My Personal Information

We do not sell personal information as defined under the CCPA.

"Shine the Light" Law

We do not share your personal information with third parties for their direct marketing purposes.

GDPR Representative

For users in the EU and UK, our GDPR representatives can be contacted as per the details provided in Contact Information.

12. Ethical Use of AI

We are committed to the ethical use of artificial intelligence in our services:

  • Transparency: We ensure transparency in how AI processes user data.
  • Fairness: Our AI tools are designed to support educators without introducing biases or unfair outcomes.
  • User Control: Users have control over how AI features are used within our platform.

14. Governing Law

This Privacy Policy and any disputes related thereto are governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any disputes shall be resolved exclusively in the state or federal courts located in Delaware.

15. Updates to This Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. If we make material changes to this Privacy Policy, we will provide prominent notice to users and account holders (e.g., educational institutions or parents/students) before the changes take effect. Where required by law, we will obtain your consent. Your continued use of our services after such notice constitutes your acceptance of the updated Privacy Policy.

16. Contact Information

If you have any questions or concerns about this Privacy Policy, please contact us:

Email: support@blueye.org

Data Protection Officer (DPO): Noah Lenz

Address:

Blueye Labs, Inc.
224 W 35th St
Ste 500
New York, NY 10001

By using our services, you acknowledge that you have read and understood this Privacy Policy and agree to be bound by its terms.