Privacy Policy

Updated: June 15, 2013

PLEASE READ THIS PRIVACY POLICY BEFORE ACCESSING OR USING THE MSP WEBSITE AND/OR PRODUCTS OR SERVICES OFFERED ON THE MSP WEBSITE.

The MindSpark Partners website (www.MindSparkPartners.com) (the “MSP Website”) is owned and operated by MindSpark Partners, LLC (“MSP”).  The MSP Website exists to provide teachers with an online marketplace to buy and sell educational and other related products and materials (“Teaching Content”) from each other and from MSP and other providers. 

MSP provides the MSP Website and all information, content (including Teaching Content), applications, plans, products and services available on the MSP Website, including the online marketplace, membership registrations, online forums, feedback loops, bulletin boards, webinars, wikis and chats (the “MSP Products and Services”), subject to this Privacy Policy and all other terms and conditions set forth in the Terms of Service and Use (Sellers) and Terms of Service and Use (Buyers), of which this Privacy Policy is a part (click here to view the MSP Terms of Service and Use Agreements (the “Use Agreements”).  Please read this Privacy Policy and the Use Agreements carefully before accessing or using the MSP Website, registering for membership at the MSP Website, opening an MSP buyer account, offering to sell or selling any Teaching Content on the MSP Website, offering to buy or buying any Teaching Content on the MSP Website, or accessing or using any other MSP Products and Services. By accessing and using the MSP Website, registering for membership at the MSP Website, opening an MSP buyer account, offering to sell or selling any Teaching Content on the MSP Website, offering to buy or buying any Teaching Content on the MSP Website, or accessing or using any other MSP Products and Services, you confirm your acknowledgment and understanding of this Privacy Policy and you thereby accept to be bound by this Privacy Policy and the Use Agreements without limitation, qualification or change by you.  If at any time you do not agree to this Privacy Policy and all terms and conditions of the Use Agreements, which may be modified by MSP at any time in its discretion and without direct notice (unless prior notice is required by law), you must immediately discontinue use of the MSP Website and the MSP Products and Services.             

We are committed to protecting the privacy and security of our online visitors and users. This Privacy 

 

Policy explains what information may be collected through the MSP Website, how such information may be used and/or shared with others, how we safeguard it and how you may access and control its use in connection with our marketing, communications and other activities.

In this Privacy Policy, “we”, “us” or “our” refer to MSP, and “you” or “your” refer to each visitor, user, or customer of the MSP Website and/or the MSP Products and Services.  Capitalized terms not defined herein have the meanings set forth in the Use Agreements.             

1.     Information We Collect On the MSP Website

Information You Provide To Us

When you register to become a Teacher-Seller Member on the MSP Website or open an MSP buyer account, we will ask you to provide your email address and certain other information that could reasonably be used to contact you or to identify you personally (such as your name, telephone number, mailing address, date of birth and/or other profile-related information) (herein “Personal Information”). MSP may also collect certain Personal Information from you when you request information or materials from MSP or participate in other features and services available on the MSP Website, including MSP Products and Services, or otherwise communicate or interact with us. We may combine supplemental information we collect about you with Personal Information about you and we will treat the combined information as Personal Information. 

As on online marketplace, the MSP Website also offers shopping and other commercial services, including in respect of Teaching Content and MSP Products and Services, and will request additional financial information (such as credit card and PayPal® account information) in order to facilitate such shopping and commercial transactions.   

The MSP Website may contain bulletin board services, news groups, forums, blogs and/or other message or communication facilities (“Communication Services”) designed to enable you to communicate with others. The MSP Website may also allow each Teacher-Seller to post a public “Member Profile” which contains biographical and other similar information about the Teacher-Seller and his Teaching Content, as the Teacher-Seller determines from time to time. Please remember that any information that you disclose in the Communication Services areas and in your public “Member Profile” becomes public information and is not subject to the provisions of this Privacy Policy. Accordingly, you should exercise caution when deciding to disclose Personal Information in Communication Services areas and in your public “Member Profile.” 

Information We Collect Automatically

Whenever you visit or interact with the MSP Website, MSP and/or its service providers may use a variety of technologies that automatically or passively track or collect information about how the MSP Website, the Teaching Content, and/or the MSP Products and Services are accessed and used (“Usage Information”). Usage Information may include, in part, browser type, device type, operating system, the page served, the time, the preceding page views, and your use of features or applications on the MSP Website, as well as email deliveries, email opens and email click-throughs. This statistical data provides us with information about the use of the MSP Website, the Teaching Content, and the MSP Products and Services, such as how many visitors visit a specific page on the MSP Website, how long they stay on that page, and which hyperlinks, if any, they “click” on. This information helps us keep the MSP Website fresh and interesting to our visitors and tailor content to a visitor’s interests.  MSP may associate Usage Information with you as a specific and identifiable person and will treat that as Personal Information.

MSP also automatically collects your IP address or other unique identifier (“Device Identifier”) for the computer, mobile device, technology or other device (collectively, “Device”) you use to access the MSP Website. A Device Identifier is a number that is automatically assigned to your Device when you access a website or its servers, and our computers identify your Device by its Device Identifier. We may use a Device Identifier to, among other things, administer the MSP Website, help diagnose problems with our servers, analyze trends, track users’ web page movements, help identify you, and gather broad demographic information for aggregate use. The technologies used on the MSP Website to collect Usage Information, including Device Identifiers, include but are not limited to:

     Cookies. Cookies are data files placed on a Device when it is used to visit the MSP Website.  MSP and its service providers may place cookies or similar files on your Device for security purposes, to facilitate site navigation and/or to personalize your experience while visiting the MSP Website. Cookies allow us to collect technical and navigational information, such as browser type, time spent on the MSP Website and pages visited. Cookies allow us to select which of our features, products and services are most likely to appeal to you and display them while you are on MSP Website. If you would prefer not to accept cookies, you can change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; or set your browser to automatically not accept any cookies. However, please be aware that some features and services on the MSP Website may not work properly because we may not be able to recognize and associate you with your MSP account(s). In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests. 

     Pixel tags. A pixel tag is a transparent graphic image (sometimes called a clear GIP, transparent GIF, web bug, web beacon or tracking beacon) placed on a web page or in an email, which indicates that a page or email has been viewed. In addition, a pixel tag may tell your browser to get content from another server. The pixel tags on the MSP Website are set only by companies we work with and supervise. 

     Email Data. We may track email that you open and links that you click within emails you receive from us. Log Data. Our servers automatically record information ("Log Data") created by your use of the MSP Website. Log Data may include information such as your IP address, browser type, the referring domain, pages visited, and search terms. Other actions, such as interactions with links on the MSP Website, may also be included in Log Data. 

 

     Clickstream Data. When you access the MSP Website, we may track your session data based on your log-in information, or we may place a small file called a “cookie” on your hard drive.  If you become a Teacher-Seller Member of MSP or open an MSP buyer account, MSP may use your log in or cookies to authenticate your identity when you visit the MSP Website, collect the data generated in connection with your activity on the MSP Website (“Clickstream Data”) and to personalize your user experience on the MSP Website, including display of the Content Sponsor's (as defined below) information. We may track the Clickstream Data of subscribers on the MSP Website and may obtain non-personally identifiable information from users, such as the number of visits to the MSP Website that a certain user has made, the movement of the user through the MSP Website, and the searches that the user conducts on the MSP Website. Please note that MSP does not collect Clickstream Data on any websites other than the MSP Website. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some subscriber content, features and services may not be fully available to you if your cookies are disabled. We may use electronic images known as "clear GIFs" (sometimes called "transparent GIFs", "Web bugs", “pixel tags” or "beacons") that allow us to track general user traffic patterns. MSP also automatically receives and records information from our servers and from your browser, including your IP address, the time, and information about the page you requested. 

Google Analytics.  MSP uses Google Analytics to help understand the use of the MSP Website.  Using Google Analytics, MSP collects, among other things, the information sent by your browser as part of a web page request, including cookies and your IP address. Google also receives this information and their use of it is governed by their privacy policy (www.google.com/intl/en/policies/privacy/).     

Third Party Clickstream Data.  If you leave the MSP Website by clicking on links on the MSP Website that may redirect you to other websites not owned by MSP, those third parties may place cookies or clear GIFs on your computer.  This Privacy Policy does not govern the use and disclosure of any information collected by third parties, such as through cookies or clear GIFs, when you visit their websites or by third parties regarding your clickstream activity on websites other than the MSP Website. 

Third Party Personal Information. The MSP Website may include an “email a friend” feature, which allows a user to email content to a third party.  We will use the email address of that person for purposes of emailing that content to that person and may contact that person regarding their interest in Teaching Content or other MSP Products and Services.  

2.     How We Use the Information We Collect

MSP may use the information we collect about and from you for a variety of business purposes, including for example, to: (1) facilitate, process and fulfill commercial transactions between Teacher-Sellers and Teacher-Buyers; (2) facilitate delivery of Teaching Content offered and/or purchased on the MSP Website; (3) provide you with other MSP Products and Services; (4) respond to your questions and requests; (5) provide you with access to certain areas and features of the MSP Website; (6) verify your identity; (7) communicate with you about your account(s) and activities on the MSP Website and, in our discretion, about any changes to the MSP Website, this Privacy Policy or any other provisions of the Use Agreements or any other MSP policy; (8) tailor content, advertisements, and offers we serve you; (9) improve the MSP Website; (10) achieve internal business purposes; (11) process applications and transactions; (12) comply with license obligations; provide you with surveys or other information we think might be of interest to you; (13) better understand our user and Member base; (14) market the MSP Website, the Teaching Content, and/or the MSP Products and Services, including to Content Sponsors (as defined below) or prospective Content Sponsors; and (15) for purposes disclosed at the time you provide your Personal Information or otherwise with your consent. 

3.     MSP Seeks to Protect Your Email Address

MSP does not sell, rent or share your email address to or with third parties, except under the following limited circumstances:

• If you are a Teacher-Seller, MSP may share your email address with any Teacher-Buyer of your Teaching Content.

• If you are Teacher-Buyer, MSP may share your email address with any Teacher-Seller of Teaching Content you purchase on the MSP Website.

• MSP may share your email address with other companies affiliated with MSP or which are commonly controlled by or with MSP. 

• MSP is always seeking to improve the MSP Website and its business. If all or part of MSP is sold, merged or otherwise transferred to another entity, your email address may be transferred as part of that transaction.

• MSP may utilize third-party service providers to help operate the MSP Website, deliver the Teaching Content and/or other MSP Products and Services.  To the extent our service providers require subscribers' email addresses to provide services, we may share your email address with them.  These service providers will only be allowed to use your email address for the purpose of providing the specific services requested by MSP.  We require our service providers to undertake to maintain the confidentiality of your email address in accordance with this Privacy Policy.

• While we strive to protect the email addresses of our users, MSP will disclose your email address if legally required to do so, if requested to do so by a governmental entity, or if it believes in good faith that such action is necessary to: (a) conform to legal requirements or comply with legal process; (b) protect our rights or property or our affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public.

4.     Sharing of Information

Except as provided in this Privacy Policy, we will not provide any of your Personal Information or Usage Information to any third parties without your specific consent. We may share your Personal information and/or your Usage Information as set forth elsewhere in this Privacy Policy and in the following circumstances: 

     Third Parties Providing Services on Our Behalf. In order to carry out your requests, to make various features, services and materials available to you on the MSP Website and/or to respond to your inquiries, we may share your Personal Information and Usage Information with companies or individuals that host or operate the MSP Website, publish the Teaching Content, and/or produce or deliver any other MSP Products and Services. These third-party service providers will only be allowed to use your Personal Information and Usage Information for the purpose of providing the specific services requested by MSP.  We require our service providers to undertake to maintain the confidentiality of your Personal Information and your Usage Information in accordance with this Privacy Policy. This prohibition does not include or cover links to third-party sites accessible on the MSP Website.  

     Content Sponsors.  We may also make certain of your Personal Information (with the exception of your email address) and Usage Information available as part of periodic reports or summaries or as statistical data, to third parties who sponsor content on the MSP Website (each a “Content Sponsor”). MSP's agreements with its Content Sponsors do not preclude the Content Sponsor from using this information to contact you via common methods of communication, but do prohibit disclosure of the information to any third party other than employees or agents of the Content Sponsor for the permitted communications.      

     Disclosure of Aggregated Information. MSP may provide summary reports to our Content Sponsors, based on our analysis of Clickstream Data, which may include a description of activity levels by aggregated sponsored subscribers on the MSP Website.  MSP may also disclose aggregated subscriber statistics in order to describe our services to prospective Content Sponsors and other third parties, and for other lawful purposes.

      Your Agreement to Have Your Personal Information Shared. While on the MSP Website, you may have the opportunity to opt-in to receive information and/or marketing offers from someone else or to otherwise consent to the sharing of your information with a third party, including social networking sites such as Facebook or Twitter. If you agree to have your Personal Information shared, your Personal Information will be disclosed to the third party and the Personal Information you disclose will be subject to the privacy policy and business practices of that third party.

     Business Transfers. We may share your Personal Information and Usage Information with other companies affiliated with or commonly controlled by MSP. As we continue to develop our business, we may sell or purchase assets. If another entity acquires MSP or all or substantially all of MSP’s assets, or assets related to the MSP Website and/or the MSP Products and Services, Personal Information, Usage Information, and any other information that we have collected about the users of the MSP Website, the Teaching Content and/or other MSP Products and Services may be disclosed to such entity as part of the due diligence process and will be transferred, in whole or in part, to such entity as one of the transferred assets. If so, MSP will seek to obligate the acquiring entity to use any information transferred in a manner consistent with this Privacy Policy, but cannot guarantee that it will be able to impose that requirement or that the acquiring company will comply. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties. 

     Legal Disclosure. MSP may transfer and disclose information, including your Personal Information, Usage Information and Device Identifier (including IP address), to third parties to comply with a legal obligation; when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce the MSP Use Agreements or other applicable policies; to respond to an emergency; or otherwise to protect the rights, property, safety, or security of third parties, visitors to the MSP Website or the public. 

     For California Residents. The following only applies to California residents.  We may from time to time share your Personal Information and Usage Information with one or more companies affiliated with or commonly controlled by MSP and with our sponsors (including Content Sponsors), partners, advertisers or other third parties for their direct marketing purposes. If you do not want us to share your Personal Information and Usage Information with such third parties for their direct marketing purposes, please let us know by contacting us by email at info@mindsparkpartners.com or by mail at MindSpark Partners, LLC, P.O. Box 76, Chesterfield, MO 63006. Your opt-out request will be processed within thirty (30) days of the date on which we receive it.

5.     Information We Receive From Third Parties

MSP may receive information about you from third parties. For example, if you are on another website and you opt-in to receive information from MSP, that website may submit to us your email address and other information about you so that we may contact you as requested. You may also choose to participate in a third party application or feature (such as one of our Facebook or Twitter applications or a similar application or feature on a third party website) through which you allow us to collect (or the third party to share) information about you, including Personal Information such as lists of your friends, “likes”, comments you have shared, groups and location. In addition, we may receive information about you if other users of a third party website give us access to their profiles and you are one of their “connections” or information about you is otherwise accessible through your “connections’” web page, profile page, or similar page on a social networking or other third party website or interactive service. We may also receive information about you from our Content Sponsors or from prospective Content Sponsors.  We may also supplement the information we collect about you through the MSP Website with outside records from third parties in order to enhance our ability to serve you, to tailor our content to you and to offer you products or services that we believe may be of interest to you. We may combine the information we receive from these third parties with information we collect through the MSP Website. In those cases, we will apply this Privacy Statement to any Personal Information received, unless we have disclosed otherwise. 

6.     Your Choice and Access

You may always direct us not to share your Personal Information and Usage Information with third parties, not to use your Personal Information or Usage Information to provide you with information or offers, or not to send you newsletters, emails or other communications by: (i) modifying your user information in your MSP account(s); (ii) sending us an email at  info@mindsparkpartners.com; (iii) contacting us by mail at MindSpark Partners, LLC, P.O. Box 76, Chesterfield, MO 63006; or (v) following the removal instructions in the communication that you receive. Your opt-out request will be processed within thirty (30) days of the date on which we receive it.

If you wish to modify, verify, correct, or delete any of your Personal Information collected through the MSP Website, you may edit your user information or contact us at the above address or email. In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the MSP Website. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons. Finally, please be aware that we do not control certain privacy settings and preferences maintained by our social media partners like Facebook and Twitter. If you wish to make changes to those settings and preferences, you may do so by visiting the settings page of the appropriate social media site.

7.     Children

The MSP Website is not directed to individuals under 18 years of age. We do not knowingly collect, use or disclose personally identifiable information from anyone under 18 years of age. If we determine upon collection that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian’s consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 18, we will make reasonable efforts to delete such information from our records.

8.     Security of Your Information

We take information security seriously and use certain reasonable security measures to help protect against the loss, misuse or alteration of your Personal Information. We use secure server software over a Secure Socket Layer (SSL) line in an effort to protect your credit card and PayPal® account information. This encrypts all of your Personal Information, including your financial information, to prevent unauthorized access to it as it travels through our ordering system. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use the MSP Website and provide us with your information at your own risk.

9.     Other Sites

The MSP Website may contain links to other sites that we do not own or operate. This includes links from advertisers, sponsors (including Content Sponsors) and/or partners that may use our logo(s) as part of a co-branding or co-marketing agreement. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies or practices. These other sites may send their own cookies to your Device, they may independently collect data or solicit Personal Information and may or may not have their own published privacy policies. You should also independently assess the authenticity of any site which appears or claims that it is one of our sites (including those linked to through an email or social networking page). 

10.     Consent to Processing and Transfer of Information

The MSP Website is governed by and operated in, and in accordance with the laws of, the United States, and are intended for the enjoyment of residents of the United States. MSP makes no representation that the MSP Website is governed by or operated in accordance with the laws of any other nation. Given that we are an international business, our use of your information necessarily involves the transmission of data on an international basis. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States. By accessing or using the MSP Website, registering for membership at the MSP Website, opening an MSP buyer account, offering to sell or selling any Teaching Content on the MSP Website, offering to buy or buying any Teaching Content, accessing or using any other MSP Products and Services, or providing us with any other information, you (a) acknowledge that the MSP Website is subject to the laws of the United States, (b) consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws.

11.     Changes

Please note, we may change, modify, add or remove information on the MSP Website, this Privacy Statement, and/or any other term or condition in the MSP Use Agreements, at any time without prior notice to you. Any changes will be effective immediately upon the posting of the revised Privacy Policy on the MSP Website, and we encourage you to check back from time to time. However, MSP will use your Personal Information in a manner consistent with the Privacy Policy in effect at the time you submitted the information, unless you consent to the new or revised policy.

12.     Fair Credit Billing Act

If you notice a billing error (e.g., unauthorized charge, charge that lists the wrong date or amount, charge for goods and services you didn’t accept or that weren’t delivered as agreed, math error, etc.) on your credit card account in connection with any transaction on the MSP Website, you should contact your credit card provider/creditor to advise of the alleged error.  Under the federal Fair Credit Billing Act, your credit card provider/creditor has certain obligations to investigate and respond to any alleged error. That law also limits your responsibility for unauthorized charges to $50. If your credit card company requires you to pay any part of this $50 limit in connection with any unauthorized charges for transactions on the MSP Website, MSP will reimburse you for such sum, up to $50 maximum.               

13.     Contact Us

If you have any questions or concerns about this Privacy Policy, the MSP Website, or your experiences with the MSP Website, please contact us at:

Attn: Privacy Questions

MindSpark Partners, LLC

P.O. Box 76

Chesterfield, MO  63006

info@mindsparkpartners.com

 

14.     Disclaimer

The information contained in the MSP Website, in the Teaching Content, and/or in the MSP Products and Services is provided for informational purposes only, and should not be construed as legal advice on any subject matter. You should not act or refrain from acting on the basis of any content included in the MSP Website, in the Teaching Content, and/or in the MSP Products and Services without seeking appropriate advice on your particular facts and circumstances from professional advisors in your state. MSP and its owners expressly disclaim all liability in respect to actions taken or not taken based on any or all the contents of the MSP Website.

End of Privacy Policy

 

Revised June 15,  2013