Updated: June 15, 2013
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.
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.
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.
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.
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
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.
• 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
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.
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 firstname.lastname@example.org 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 email@example.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.
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.
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
Attn: Privacy Questions
MindSpark Partners, LLC
P.O. Box 76
Chesterfield, MO 63006
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.
Revised June 15, 2013