Vernier Software & Technology, LLC
Last Updated January 1, 2020
Your privacy is important, and we encourage you to read this Privacy Notice carefully to understand the information we collect and what we do with it.
This Site is Intended for Educators, not Students. Vernier develops and offers educational Software. Vernier markets its Software to educators and their schools, school districts and other organizations (collectively, “Schools”). As such, this Site is not intended for students or children under 16 years of age. If you are under age 16, please do not provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name. If the Vernier learns we have collected or received Personal Information from a child under 16 without verification of parental consent, we will delete that information. If you believe that we might have received information from or about a child under 16, please contact us firstname.lastname@example.org.
Consent. By accessing the Site, registering with Vernier, downloading or installing the Software, or submitting information to Vernier in any manner, you consent to this Privacy Notice and the collection and use of information as described herein. We will take reasonable steps to notify you and confirm that you agree at different stages of collecting your information. If you do not agree with our policies and practices, you may not be able to access or benefit from certain portions of this Site or our Software.
Consent for Students. Each School that uses our Software initiates student access to the Software and agrees to be fully responsible for all student, instructor and other end user’s use of the Software. Each School that provides our Software to students provides consent for the students’ use of the Software, including collection of Personal Information as described in this Privacy Notice, and is responsible for determining and obtaining any additional consent for students, including parental consent, that may be required by applicable privacy laws. Please note that Software published by Vernier does not collect any Personal Information from students or instructors, nor does it include any advertising.
Personal Information. As used in this Privacy Notice, “Personal Information” means information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual consumer or device, such as:
Personal Information does not include (a) publicly available information; (b) aggregate information, meaning data about a group or category of services or users from which individual identities and other Personal Information has been removed; or (c) de-identified information that cannot be easily linked back to the individual.
Lawful Basis. We will only collect your Personal Information (a) when applicable, with your consent; (b) if we have a legitimate interest in doing so; or (c) as authorized or required by law. We will limit the collection of Personal Information to that which is reasonable and necessary. If we collect or use your Personal Information based on your consent, we will also notify you of any changes and will request your further consent as needed.
COLLECTION OF PERSONAL INFORMATION
The types of Personal Information we collect about you and the manner of collection depends on how you interact with Vernier, including the portions of our Site and which of our Software offerings you use. We may collect Personal Information (i) directly from you, (ii) from a School with which you are affiliated in our role as a service provider, (iii) from other third parties, or (iv) automatically from your use of the Site or Software.
Information collected directly from you, with your consent. We collect Personal Information directly from you with your consent when you communicate with Vernier online, by email, telephone or other means. More specifically, we collect:
We will not collect any of the above Personal Information from you unless you provide it to us voluntarily. If you do not want your Personal Information collected, please do not submit it to us.
Information we collect as a service provider with a legitimate interest. When we act in our capacity as a service provider to Schools, we may collect Personal Information from Software end users as needed to provide our Software, technical support, or other resources or customer services. The Personal Information we may collect in our capacity as a service provider may include:
Vernier makes every effort to minimize the scope of Personal Information we collect from Software end users. Note that our Software does not collect Personal Information about end users or transmit data to Vernier regarding Software use or content created using the Software. We will only use the Personal Information that we collect about Software end users in our capacity as a service provider as permitted by our agreement with the School or for other purposes as permitted by law.
Information We Collect From Other Persons, with a legitimate interest. We may collect Personal Information about you from other persons in order to provide, offer, or advertise our Software. More specifically, we may collect contact information for educators and key personnel at Schools identified as prospective customers that we obtain from marketing companies, professional associations, or educational resource companies. We may combine this information with Personal Information we previously collected about you or your School. We collect and use this information for our own marketing purposes and in accordance with applicable law. You have the right to opt out of Vernier’s marketing communications at any time.
Information collected from you automatically, with a legitimate interest. Vernier collects internet and other similar network activity, as well as anonymous information, from your use of the Site to achieve our legitimate interest of maintaining and improving the design, content and performance of the Site and our Software. The information we collect in this manner may include:
USE OF PERSONAL INFORMATION
We use the Personal Information we collect for the purposes described at the time of collection and for other purposes with your consent and as permitted by law. Depending on your interactions with Vernier, we may use your Personal Information for the following purposes.
To provide your School with our Software. We use the Personal Information we collect directly from you to provide your School with the Software, resources, and customer support. In doing so, we may use your Personal Information to:
As a service provider, to support the use of our Software. We use the Personal Information we collect in our capacity as a service provider to provide your School’s instructors, students and other Software end users with technical support and, in some cases, to fulfill other customer service purposes. In doing so, we may use your Personal Information to:
To improve the Site and the Software. Vernier is constantly working to improve our Site and Software to achieve our legitimate interest of supporting Schools and instructors in their efforts to educate students. Toward that legitimate interest, we may use the information we collect from your or your use of the Site or Software, including Personal Information, to:
For our direct marketing efforts. We may also use your Personal Information to communicate with you about our Software and other offerings that may be of interest to you in order to achieve our legitimate interest of direct marketing. As part of our direct marketing efforts, we may:
We will only send you marketing communications in ways that are compatible with your communications choices.
For other purposes as permitted by law. In addition to the specific uses and purposes described above, we might use information that we collect about you, including Personal Information, to:
SHARING PERSONAL INFORMATION
As permitted by applicable law, we may share your Personal Information as follows:
Our Service Providers. Vendors that provide Vernier with various services (collectively, “Service Providers”) may have access to your Personal Information while they are performing their contractual obligations. These Service Providers include but are not limited to companies that provide Vernier with certain marketing campaign services, data analytics, and payment processing services. We prohibit our Service Providers from selling or disclosing the Personal Information we provide, and we require all Service Providers to maintain confidentiality standards that are reasonable to ensure the security of your Personal Information.
Other Third Parties. As permitted by applicable law, we may disclose information to third parties in the following circumstances:
Aggregated and De-Identified Information. We reserve the right to share aggregate, anonymized, or de-identified information about any individuals with non-affiliated entities for research, product development, marketing, or other purposes, without restriction.
CONTROLLING YOUR PERSONAL INFORMATION
Vernier provides you the ability to exercise certain controls and choices regarding our collection, use and sharing of your information. Depending on where you reside, your options to control your Personal Information may include:
At any time, you may exercise any of these controls and choices, express concerns, lodge a complaint, or obtain additional information about the use of your Personal Information, or your students’ or children’s personal information, by contacting us at email@example.com or 1-888-837-6437.
Do Not Track. Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed below.
Marketing E-Mails. If you wish to be removed from our mailing list, simply write to us at firstname.lastname@example.org, and we will remove you immediately. Please be sure to include your full name, email address, mailing address, and specifically what information you do not want to receive. You can also modify or limit the communications we send to you by clicking the “unsubscribe” link at the bottom of any of our marketing emails. If you opt-out of receiving promotional emails, we may still send you emails about your account or any services you have requested or received from us.
It is Vernier’s policy to treat your Personal Information with complete confidentiality. We employ reasonable and appropriate safeguards both online and offline to maintain the security, confidentiality, and integrity of information that we collect about you. Vernier maintains internal policies to govern the collection, processing and handling of data, and restricts access to data to those employees who require such access to perform their job functions. We educate our employees about the importance of confidentiality and customer privacy through standard operating procedures. We also maintain physical, electronic and procedural security measures to safeguard your nonpublic Personal Information. Personal Information is securely stored on our internal and cloud-based systems and is only accessible to our server administrators, technical support team and front office as needed to fulfill their respective roles. Our data storage systems are protected by reasonable and appropriate safeguards including strong encryption for content delivery and passwords. We update and test our technology to improve the protection of our information about you and to assure the integrity of that information.
Please note that no transmission of data over the internet is 100 percent secure. While we employ reasonable measures to protect your Personal Information, we cannot guarantee that unauthorized third parties will not defeat those measures or use nonpublic Personal Information for improper purposes. We are not responsible for circumvention of any privacy settings or security measures contained on the Site, our services, or for actions of third parties. The safety and security of your information also depends on you, and you are responsible for keeping your password confidential. Remember to log off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place. All internet users should take care with how they handle and disclose their Personal Information. Please refer to the Federal Trade Commission’s website for information about how to help protect yourself against identity theft.
Third-party Websites and Advertising. We may provide links to third-party websites from our Site as a service to our Site visitors, but we have no ability to control, and we are not responsible for, the privacy and data collection, use, and disclosure practices of third-party websites. When you click on links that take you to external websites, you will be subject to their privacy notices and practices and not ours. We encourage you to review and understand the privacy notices of such websites before providing them with any information.
Privacy Notice to California Residents.
This section applies to residents of the State of California Only.
Vernier adopted this section to comply with the California Consumer Privacy Act of 2018 (“CCPA”). This section applies solely to Site visitors, users, and others who are residents of the State of California (“California Consumers”).
Employee Data Exception. In most cases, the Personal Information Vernier collects from you is in a business-to-business context when you are acting as an employee to a School in the context of performing due diligence regarding potential procurement of our Software on behalf of your School employer. Personal Information collected and used in this context is not protected Personal Information under the California Consumer Privacy Act. Without limiting the foregoing, this section provides California Consumers with the disclosures and notices required under the CCPA. Exceptions related to employee data, as well as other exceptions and limitations, may apply to a California Consumer’s rights and Vernier’s obligations under the CCPA.
Vernier as a Service Provider. Vernier acts as a service provider to Schools that purchase or subscribe to our Software for use by students, instructors and other end users. As such, any information Vernier collects or processes from Software end users, including Personal Information, is disclosed to Vernier by the School subject to a contractual agreement in order to achieve the School’s business purpose. Each School is responsible for collecting, processing and disclosing student, instructor and other Software end user Personal Information in accordance with applicable privacy laws.
Personal Information Collected. Vernier has collected the following categories of Personal Information from California Consumers within the last twelve (12) months:
|A. Identifiers||A real name, alias, postal address, online identifier, IP address, email address, or other similar identifiers.||YES|
|B. Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))||A name, signature, address, telephone number, state identification card number, education, employment, bank account number or any other financial information. Some Personal Information included in this category may overlap with other categories.||YES|
|C. Protected classification characteristics under California or federal law||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information.||NO|
|D. Commercial information||Records of products or services purchased, obtained, or considered, or other purchasing histories or tendencies.||YES|
|E. Biometric information||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as fingerprints, voiceprints, iris or retina scans, keystroke, or other physical patterns.||NO|
|F. Internet or other similar network activity||Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.||YES|
|G. Geolocation data||Physical location or movements.||NO|
|H. Sensory data||Audio, electronic, visual, olfactory, or similar information.||NO|
|I. Professional or employment-related information||Current employment information, including job title and professional contact information.||YES|
|J. Nonpublic education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||NO|
|K. Inferences drawn from other Personal Information||Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||NO|
Sources for the Personal Information We Collect. We collect the Personal Information described above from the following sources:
Use of Personal Information. Depending on your interactions with Vernier, we may use or disclose the Personal Information we collect about you for one or more of the following business purposes:
We will not collect additional categories of Personal Information or use the Personal Information we collect for materially different, unrelated, or incompatible purposes without notifying you.
Disclosing Personal Information. Vernier may disclose Personal Information for Vernier’s business purposes to the following categories of third parties:
Vernier has not disclosed any Personal Information for a business purpose in the preceding twelve (12) months.
No Sale of Personal Information. Vernier does not share, sell, rent, or transfer your Personal Information to any business that is not a Service Provider or as otherwise permitted by applicable law. We do not sell, lease, or loan our mailing list or portions thereof to anyone at any time.
Your Rights and Choices. The CCPA provides California Consumers with specific rights regarding their Personal Information. The following paragraphs describe CCPA rights and explain how to exercise those rights. Each of these rights is subject to our receipt of a verifiable consumer request (see Submit a Consumer Privacy Request).
Right to Disclosure. If you are a California Consumer, you have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months, such as:
Vernier is only required to respond to two disclosure requests within a 12-month period.
Right to Access. If you are a California Consumer, you have the right to request that we provide you with access to specific pieces of Personal Information we have collected about you over the past 12 months (also called a data portability request). If you submit a right to access request, we will provide you with copies of the requested pieces of Personal Information in a portable and readily usable format. Please note that Vernier is prohibited by law from disclosing copies of certain pieces of Personal Information (e.g., government identification numbers, financial account information, and passwords or security questions and answers) because the disclosure would create a substantial, articulable, and unreasonable risk to the security of the information, our business systems, or your account. Vernier is only required by law to respond to two access requests within a 12-month period.
Right to Deletion. If you are a California Consumer, you have the right to request that we delete any of your Personal Information that we collected from you and retained, with certain exceptions. Vernier may permanently delete, de-identify, or aggregate the Personal Information in response to a request for deletion. If you submit a right to deletion request, we will confirm the Personal Information to be deleted prior to its deletion, and we will notify you when your request is complete.
Submit a Consumer Privacy Request. To exercise any of the above rights, please submit a verifiable consumer privacy request to Vernier:
Verification. We cannot respond to your request or provide you with Personal Information unless we can verify your identity and your authority to make the request and confirm that the Personal Information relates to you. A verifiable consumer privacy request must:
You do not have to register with Vernier to make a verifiable consumer privacy request. We will only use Personal Information provided in a verifiable consumer privacy request to verify the requestor’s identity or authority to make the request.
Authorized Agent. You may make a verifiable consumer request on behalf of your minor child. Otherwise, only you, or a person you have designated in writing as your authorized agent or who is registered with the California Secretary of State to act on your behalf, or to whom you have provided power of attorney pursuant to California Probate Code sections 4000 to 4465 (“Authorized Agent”) may make a verifiable consumer request related to your Personal Information. If you wish to have an Authorized Agent make a verifiable consumer request on your behalf, they will need to provide us with sufficient written proof that you have designated them as your Authorized Agent, and we will still require you to provide sufficient information to allow us to reasonably verify that you are the person about whom we collected Personal Information.
Vernier’s Response. We endeavor to respond to a verifiable consumer request within 45 days of receipt. If we require more time, we will notify you in writing of the reason and extension period. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding receipt of the verifiable consumer request. If we cannot comply with part or all of your request, we will explain the reasons in our response.
We do not charge a fee to process or respond to your verifiable consumer privacy request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Nondiscrimination. We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by law, we will not do any of the following as a result of your having exercised your right under the CCPA:
Other California Privacy Rights. California Civil Code sections 1798.83-1798.84 (the Shine the Light Act) entitles California residents to request disclosure regarding Personal Information sharing with affiliates and/or third parties for marketing purposes. If you are a California resident and you would like to request this disclosure, please contact us at email@example.com with the subject line “Request for California Privacy Information.”
Privacy Notice to Residents of the European Union
This section applies to residents of the European Union.
Vernier adopted this section to comply with the European Union’s General Data Protection Regulations (“GDPR”). This section applies solely to Site visitors, users, and others who are residents of the European Union (“EU Residents”). Vernier offers its Software to Schools located in the EU, either through an affiliate acting as a sales intermediary between Vernier and the School or through educational resources dealers located in the European Union. As such, any processing of EU Resident Personal Information is merely incidental, and the GDPR is not generally applicable to Vernier’s Personal Information processing activities. Without limiting the foregoing, to the extent that Vernier’s activities implicate the GDPR now or in the future, this section provides EU Residents with the notice and disclosures required under the GDPR.
Data Controller. If you contact us in a business-to-business context when you are acting as an employee to a School in the context of performing due diligence regarding potential procurement of our Software on behalf of your School employer, the data controller of your Personal Information is Vernier. If you are a Software end user who receives access to the Software via your School, then the data controller of your Personal Information is your School. Please contact your School with any questions about the collection, processing or use of your Personal Information.
Data Processor. If you are a Software end user who receives access to the Software via your School, the data processor of your Personal Information is Vernier. We collect, process and use your Personal Information subject to the instructions of your School.
Lawful Basis. Vernier processes your Personal Information (a) when applicable, with your direct consent; (b) if we have a legitimate interest in doing so, including fulfilling our obligations as a data processor to your School, administering our business, maintaining the quality of our Site and Software, providing customer service, or identifying new business opportunities; or (c) as authorized or required by law.
Additional rights: you have the following rights in relation to the Personal Information we hold about you.
|Your right||What this means for you||What you can do|
|To know how we process your Personal Information.||We are required to provide notice about the way that we will use the Personal Information we collect.||We have set the required notices in this Privacy Notice. We may provide you with additional notice about other ways we process your Personal Data, such as by sending you a notice via email or by other means of communication.|
|To access your Personal Information.||If you request it, we will provide you with access to your Personal Information, along with details about the types of Personal Information we process, why we process it, and any third parties we work with to collect Personal Information on our behalf.||You can request to access your Personal Information (i.e. a copy of it). We may have one or more legally valid reasons to refuse your request in whole or in part, for example in order to protect the rights of other individuals.|
|To restrict the processing of your Personal Information.||In certain circumstances and to the extent required by law, we are required to restrict our processing of your Personal Information.||You can request that we restrict the processing of your Personal Information if (i) the data is inaccurate, (ii) the processing is unlawful, (iii) we no longer need the Personal Information, or (iv) you exercise your right to object.|
|To rectify your Personal Information.||We are required to correct the Personal Information we have about you if you inform us that it is incorrect.||If you become aware that the Personal Information that we hold about you is incorrect, or if your situation changes (for example you change address) please inform us and we will update our records.|
|To data portability.||In some circumstances, we are required to provide your Personal Information to another organization at your request and in a format that allows the other organization to read and use it.||You have the right to request that we transfer your Personal Information to another organization (i.e. another data controller) in a structured, commonly used machine-readable format, so that the other organization can read and use it.|
|To erasure of your Personal Information (a.k.a. the “right to be forgotten”).||Upon your request, and in certain circumstances and where we are required to do so by law, we are required to delete your Personal Information. This right is not absolute, and we may be entitled to retain and process your Personal Information despite your request.||If you make this request, we balance certain legal, contractual and business interests against your right to request the deletion of your Personal Information.|
|To object to certain processing of your Personal Information.||Upon your request, and in certain circumstances and where we are required to do so by law, we will limit our processing of your Personal Information as you request.||You may object to the processing of your Personal Information in certain circumstances. If you make this request, we will consider certain legal, contractual and business interests and obligations against your right to object to the processing. You can also object to our use of your Personal Information for direct marketing purposes.|
|To not be subject to a decision based solely on “automated processing.”||We are required to keep records of automated processing that we carry out, if any, and, in certain circumstances, provide you with information about the way that the decisions are made, and respond to your objections to being subject to decisions made.||We do not make decisions about individuals based solely on automated processing. If we engage in this activity in the future, you will have the right to object to a decision we make wholly by a computer or algorithm without human input and to receive information about this type of processing.|
If you want to exercise any of these rights, please make a request to firstname.lastname@example.org.
Changes to this Privacy Notice. Vernier reserves the right to modify this Privacy Notice at any time by updating this posting without notice and revising the effective date. All changes are effective immediately when posted and apply to all access to and use of the Site. Your continued use of the Site following the posting of changes constitutes your acceptance of such changes.
For More Information. Please let us know if you have any questions or comments regarding this Privacy Notice, or if you wish to exercise any of your rights over your Personal Information or if you have any questions about this Privacy Notice. You can contact us at:
Vernier Software & Technology
13979 SW Millikan Way
Beaverton, OR 97005