EngageWhiz and its divisions, affiliates and subsidiaries (hereinafter “EngageWhiz” “we”/”us”/”our”) respects and takes seriously the privacy and security of your personal information. This Privacy Policy explains our policy regarding the collection, use and disclosure of your personal information. This policy governs all information collected through our website and services (such as www.engagewhiz.com), collectively referred to as our/the “services”.

As part of our commitment to privacy, EngageWhiz and this policy are GDPR, CCPA, FERPA, and COPPA compliant. To the extent that a provision in this policy conflicts with a provision in one of these laws/regulations or another state or federal education privacy law, EngageWhiz will abide by the more restrictive provision.

If you are a parent or instructor of a child under thirteen years old, please review our COPPA privacy policy, which contains important information for parents about how we collect, use, and disclose personal information we collect from children under thirteen years old.

What information do we collect


In order to access or use certain features of our services, you must register an account. During registration of your account, you will be required to submit basic information including:

  • First name
  • Last name
  • Email address
  • Institution
  • Role at institution (e.g. student or instructor)

Optional data that we collect includes your mobile phone number. This information is collected in your account settings for enabling two factor authentication and/or enabling SMS responses. Note that institutions can enable/disable the ability to collect your mobile phone number.

Location data is optionally collected if you are a student and enrolled in a course with GPS attendance enabled. While your location data is optional, if you choose not to submit this information you will not be verified for that attendance session. Your location data is stored temporarily to compare it to verify that your location is in the classroom. After this comparison is done, your location data is deleted.

We also automatically collect certain information such as:

  • IP Address
  • Browser name
  • OS name
  • Device type

This information is used for the purposes of security logging and verifying or restricting access. Some institutions may enable IP address restrictions or location restrictions on users authenticating to our services for their institution. In this case, data such as your IP address will be compared to the approved list specified by your institution. Please note that some institutions may require us to collect this information.

When responding to questions, assignments, or attendance sessions we may collect information such as:

  • The time you opened the session
  • The time you submitted the session
  • If the tab with the session open lost focus
  • If you pasted in content into a text field

This information is used for the purposes of providing secure responses to questions, assignments, and attendance sessions. The instructor of your course will be able to view this information upon submission of the session.

Your instructors may use this data for the purposes of academic evaluation and academic integrity.

EngageWhiz does NOT collect:

  • Address
  • Student ID

Use of your personal information


You acknowledge that we may use personal information that you consent to disclose to us to:

  • Allow you to access and use our services
  • Provide you with technical support
  • Assist us in creating, improving, or providing content that is relevant to you
  • Provide you with information about new products, services, newsletters, informative e-mails, surveys, and research on future product ideas or improvements (and, by using the EngageWhiz services, you give your consent to receive such information) if you are an instructor or institution administrator
  • Send transaction-related communications such as welcome letters, notifications about activities or updates in your courses or institutions
  • Restrict the availability of some of the products, services and content to certain parts of the world, where required for legal reasons, by using your address, IP address and other information in order to enforce those restrictions.

We will not use any of your data, including personal information, location data, or phone number for any non-EngageWhiz related purpose. We will only use this data collected with your consent to provide our services to you. Your data will never be shared with third parties, except as outlined in the disclosure section of this policy.

Disclosure of your personal information


EngageWhiz will not sell or rent your personal information to any other party and will only use and disclose your personal information for the purposes for which it was collected as described in this Privacy Policy. you agree that we may disclose your personal information in the circumstances set out below:

  • If you are a student, EngageWhiz may disclose your personal information to Faculty and administrators at your academic institution, including your teachers and teaching assistants as required for the provision of the services.
  • If you are a student, EngageWhiz may disclose your personal information to your parents or legal guardians if you are under the age of 18. If you are over the age of 18, your consent will be required in order to disclose your personal information to your parents or legal guardians.
  • We may share your personal information with service providers who perform services on our behalf. These providers are listed on our Subprocessors list. For example, we may hire other companies to handle the processing of payments, provide data storage, host websites, and to conduct audits, etc. Those companies will be permitted to obtain only the personal information they need only as necessary to provide services to us. Each company is bound by agreement or obligations with EngageWhiz to implement and maintain reasonable security procedures and practices in order to use and disclose your personal information in a manner consistent with the use and disclosure provisions of this Privacy Policy, unless you consent otherwise. We take all reasonable measures and precautions to protect your personal information when it is being handled by our service providers. If you wish to obtain more information on our use of service providers and our policies and practices regarding such service providers, please contact us.
  • We may disclose your personal information with your prior consent, or the consent of your parents if you are under 18 years old.
  • We may also disclose Account Information to the administration of any institution (at which you are a student or Faculty) for administrative purposes including the right for the institution to compile a list of instructors who use the Services and contact such instructors in order to obtain references to evaluate an implementation of the Services.
  • We may also disclose Account Information to the administration of any institution (at which you are a Student or Faculty) for administrative purposes including the right for the Institution to compile a list of Students or Faculty who use the EngageWhiz services, and contact such Faculty in order to obtain references to evaluate an implementation of the services.
  • EngageWhiz may also disclose personal information to third parties in connection with a corporate re-organization, merger or amalgamation, or the sale of all or substantially all of our assets, provided that, where appropriate, any party to whom the information is disclosed is bound by agreements or obligations, and required to use or disclose your personal information in a manner consistent with the use and disclosure provisions of this Privacy Policy, unless you consent otherwise.
  • EngageWhiz may be required by law to disclose personal information without your consent in the event of emergency situations or when required by government, valid legal process, or other legal authority.

How to Opt-Out / Withdraw Consent


You can withdraw your consent for the use of your personal information at any time by requesting the deletion of your Account or by providing written notice to us of that withdrawal. You can also request action from the “My Data” page in your settings. However, you acknowledge that information may be retained by EngageWhiz as described in the “Retention of personal information” below. You can also review and update your personal information yourself through the user features in your account settings.

Please note that you cannot opt-out of receiving transactional or account communications related to services or products that you have requested (e.g. purchase confirmation e-mails and receipts) or important updates from us from time to time relating to the EngageWhiz services or updates to the legal terms that govern your use of our services.

Institution Configurability


Institutions using our services are able to configure and customize settings for their institution. These settings range from authentication settings (methods of logging in, password requirements) and what features are allowed to be enabled, to configuring security checkups and two factor authentication.

Retention of personal information


EngageWhiz maintains information about you for as long as we provide services to you, and for as long as it remains necessary for identified purposes or as required by law which may extend beyond the termination of our relationship with you.

We may retain certain data as necessary for legitimate business purposes, such as auditing, account recovery, or if required by applicable federal, state and provincial laws. All retained personal information will remain subject to the terms of this Privacy Policy. If you request that your personal information be removed from our databases, it may not be possible to completely delete all your personal information due to technological and legal constraints. However, we will take such steps as are reasonable to destroy the information or to ensure that the information is deidentified.

Safeguards We Have in Place


EngageWhiz stores and processes your personal information on our servers principally in the United States. However, EngageWhiz is able to setup servers in several regions/countries to comply with relevant laws and regulation, such as if your institution is based in a country other than the United States. You can contact us at team@engagewhiz.com for more information regarding data center locations and regions. Accordingly, your data may be available to government bodies or their agencies in those jurisdictions under a lawful order, irrespective of the safeguards we have put in place for the protection of your personal information.

EngageWhiz employs reasonable administrative, physical, and technical measures to ensure that your personal information is secure. In addition, our team of information technology professionals works to maintain data accuracy and prevent unauthorized access to sensitive information. Unfortunately, no security system can be guaranteed to be 100% secure, however EngageWhiz works to mitigate risks and will report any detected breaches within 72 hours.

Family Education Rights & Privacy Act (FERPA)


In the United States, the Family Educational Rights & Privacy Act restricts the disclosure of personally identifiable information from a student’s education records, unless an exception applies. For U.S. users, EngageWhiz’s data protection and privacy policies and practices comply with FERPA and other applicable federal and state education privacy laws.

EngageWhiz maintains the confidentiality of FERPA-covered student data, and only uses this information to deliver and improve EngageWhiz Services provided to institutions and their students, as provided in EngageWhiz’s agreements with schools. You may also have specific rights related to accessing and/or updating your personal information when FERPA applies.

Student Users may also edit personal information provided to EngageWhiz by accessing their account information and updating their settings.

In the event that any collected student personal information is inaccurate, Users have the ability to contact EngageWhiz support via email or phone to request corrections. Prior to amending data, EngageWhiz will validate the user’s identity, and notify the Institution of the request if required by prior agreement.

For further information about FERPA compliance, or to access, modify, or remove any such data, please contact us at team@engagewhiz.com.

To the extent that a provision in this Privacy Policy conflicts with a provision in FERPA or another state or federal education privacy law, EngageWhiz will abide by the more restrictive provision.

Access to your personal information


You are responsible for updating and maintaining the truth and accuracy of the personal information you provide to us relating to your account. If you want to update the personal information you have provided to us, you should do so through your account settings. You must be signed in to access your account.

EngageWhiz provides a "My Data" page in your account settings that allows you to download your personal data, your personal data from specific courses, as well as request corrections.

Collection of Non-personal information


Non-personal information is data we collect through the use of the EngageWhiz services and may include aggregate and de-identified data which does not identify any individuals and cannot be traced back or linked to an identifiable individual. EngageWhiz will only use information to improve our services, and will only share it with the institutions of which you are a member.

This usage data may include but is not limited to:

  • Number of sessions
  • Session times
  • Number of question responses
  • Number of active users
  • Features active in a course
  • Enrollment count
  • Number of presentations
  • Number of question activations
  • Browser/platform and version number
  • Navigational data

EngageWhiz may use this information to conduct statistical analyses on usage of our services and which features are used most. No identification of users will be revealed at any point to any third party. We do not sell, rent, trade or otherwise disclose personal and associated account information about our users.

EngageWhiz may retain aggregated, non-personally-identifiable data for auditing and statistical analysis.

You acknowledge and agree that from time to time EngageWhiz, and its service providers may collect non-personal information from your use of the EngageWhiz services such as server log files, environmental variables (such as MAC address, computer type (Windows or Macintosh), screen resolution, OS version, Internet browser, and Internet browser version) to collect non-personal information about our users in order to help us deliver better service and user experience. Such non-personal information could include which features are most frequently used.

Cookies


EngageWhiz and our service providers (live chat vendor,outbound email vendors) may also use “cookies” as well as so-called “pixel tags,” “web beacons,” “clear GIFs” and other similar technologies to help us deliver better service and user experience and to facilitate your ongoing access to and use of our Services. Cookies are files saved to your computers through your web browser to enable websites or service providers systems to recognize your browser and capture and remember certain information. EngageWhiz itself does not use cookies for the purposes of tracking or data aggregation. EngageWhiz will only use cookies for the purposes of user authentication and remembering login sessions.

If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or to be given the choice of declining or accepting the transfer of a particular cookie, or cookies from a particular website, to your computer. If you choose to reject all cookies, you may not be able to access the services, as you may face issues with authentication without the cookies storing session information. To learn more about cookies, please visit http://www.allaboutcookies.org/. You may find more information about opting out of most third-party service cookies at www.networkadvertising.org or other related sites.

EngageWhiz does not respond to Do Not Track signals on web browsers, as the industry has not settled on a Do Not Track Compliance standard.

Third Party Promotions


EngageWhiz may run advertisements and promotions from third parties on the EngageWhiz services. Your correspondence or business dealings with, or participation in promotions of, advertisers other than EngageWhiz, found on or through our services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. EngageWhiz is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-EngageWhiz advertisers on the Site.

Social Media Widgets


Our website does NOT include any social media features, such as share buttons or widgets.

California Residents, California Consumer Privacy Act


If you are a resident of California, the applicable data protection legislation permits you to request that we tell you what personal information we hold about you, how we process it and that we provide you with a copy of that information. You are also entitled to access or (under certain circumstances) delete your personal information. You can exercise this right free of charge. We may ask you to provide further information to confirm your identity before considering your request.

In accordance with California Civil Code 1798.83, California residents are entitled to know that they may file grievances and complaints at California Department of Consumer Affairs, 400 R Street, Suite 1080, Sacramento, CA 95814, or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.

EngageWhiz does not sell or rent Users’ personal information with third parties for the third parties’ direct marketing purposes. Nonetheless, if you are a California resident, you may request information about the disclosure of your personal information to third parties for the third parties’ direct marketing purposes by emailing team@engagewhiz.com.

For users in California, any third-party service providers are “service providers” under the California Consumer Privacy Act §1798.140(v) and may only use your data only for the purposes defined under the applicable vendor agreement.

Under CCPA, “Personal information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

A “Consumer” is a natural person who is a California resident, as defined in Section 17014 of Title 18 of the California Code of Regulations, including by any unique identifier.

United Kingdom and European Union Residents, General Data Protection Regulation (GDPR)


If you are a resident of the United Kingdom or the European Union, the applicable data protection legislation permits you to request that we tell you what personal information we hold about you and how we process it and that we provide you with a copy of that information. You are also entitled to access, rectify, change, update, delete, revoke, or improve upon your personal information at any time. You can exercise this right free of charge. We may ask you to provide further information to confirm your identity before considering your request. In addition, for purposes of providing the EngageWhiz Services, you acknowledge that EngageWhiz may transfer your personal data to servers located in the United States or other countries outside of the UK and the European Economic Area which provide for a different level of data protection, based upon the location of the chosen datacenter which hosts your data. By using, and continuing to use the EngageWhiz Services you agree to that transfer unless otherwise agreed upon.

You may also request copies of your data from the “My Data” page in your account settings.

Australian Users


In accordance with the Privacy Act 1988 (Cth), if you reside in Australia, you are entitled to access and correct your personal information at any time. We will, on request, provide you with access to the information we hold about you, including for the purpose of correcting or updating that information, unless there is an exception to such disclosure which applies under the Australian Privacy Principles (APPs). To make such a request, please send an email or write us using the contact information listed in this policy. Before we provide you with access to your personal information, we will require some proof of identity. For most requests, your information will be provided free of charge, however, we may charge a reasonable fee if your request requires a substantial effort on our part. If we refuse to provide you with access to the information, we will provide you with reasons for the refusal and inform you of any exceptions relied upon under the APPs (unless it would be unreasonable to do so).

Payment Processor


EngageWhiz uses Stripe (www.stripe.com) as the payment processor for our services. EngageWhiz only provides payment processors with an identifier to link your payment to your EngageWhiz Account. EngageWhiz does not provide the payment processor with personal information and only provides billing information required to process your payment and minimize fraudulent payment risk.

Minor


You represent that you are at least eighteen (18) years of age and you have the legal authority to enter into this Agreement. If you are at least thirteen (13) years of age and less than eighteen (18) years of age, then your parent or legal guardian must read and accept this Agreement, consent to your use of the EngageWhiz services, and agree to you providing any personal information in connection with the EngageWhiz services on your behalf. To view our policies on children under the age of thirteen please view our COPPA policy.

If you have reason to believe that a child under 13 years old has provided EngageWhiz with personal information, and that child’s parents or school have not provided EngageWhiz with the adequate consent, please contact us at team@engagewhiz.com.

COPPA


EngageWhiz values the privacy of children and of all its users. This ppolicy is designed to comply with the Children's Online Privacy Protection Act (COPPA) and contains important information about how we collect, use, and disclose the personal information we collect from children under thirteen (13) years old who use our services. This COPPA policy also explains how a parent or guardian can restrict the collection, use and/or disclosure of your Child's (as defined below) information and how you can request deletion of your Child's information.

To use our services, instructors may collect personal information from their students, including children who are under 13 years old. For the purposes of this policy, "child" or "children" means a student under 13 years old.

When a teacher uses our services in a classroom or educational setting, the instructor is required to provide consent to the collection and use of personal information from and about children as required under applicable laws, including but not limited to COPPA and FERPA.

Childrens personal information will be handled only as described in this COPPA policy. Any personal information we collect about other users (e.g. students over 13 years old, faculty, parents) will be treated in accordance with the rest of this privacy policy.

Who will collect information about children?

EngageWhiz operates the website, including www.engagewhiz.com and will collect childrens personal information as described in this COPPA policy.

You can contact us using the contact information listed below in this privacy policy.

What information do we collect about children?

We may collect information about children directly from children and/or their instructors, as well as automatically through a child's use of our services. We will not require a child to disclose more information than is necessary to use our services. Further, we will not collect a child's name, contact information, or other personal information directly unless an instructor or institution requests it.

Information we collect directly

In order to use EngageWhiz, a child's first name, last name, and email address are necessary to use the service. Before we collect this information, permission must be obtained from the instructors, institution, and/or parents or legal guardians.

If you are a parent and you have questions about your child's instructor's use of our services and any information collected, you should discuss your questions with your child's instructor or institution.

Parent's can tell us to stop collecting personal information from the child(ren), however in such cases the child(ren) will not be able to use our services, as they are intended to be controlled by an instructor. If you direct us to stop collecting and using your child's personal information, we must disable his or her use of our services to ensure that no information is collected via the instructor's use of our services as a classroom tool.

Information we collect automatically

We may automatically collect the following information about a child's use of our services:

  • Browser type
  • Operating system
  • Session time
  • Device type
  • IP address

This information is only used to support the internal operations of our services as well as providing our services in the same manner as described above.

Our website provides a feature for GPS attendance verification, which temporarily collects students locations to verify they are in the classroom. Institutions can disable the use of this feature, and we recommend that this feature is not used for children.

How we use children's information

We use the personal information that we collect from children for the following purposes:

  • To provide our services
  • To respond to customer service and technical support issues and requests
  • To identify the child as a user in our system
  • To provide improved administration of our services

When an instructor or institution provides a child's name and other personal information, we use that personal information for the following additional purposes:

  • To provide children and teachers with information and reports about a child's use of our services
  • If requested, to facilitate creation of a child's account
  • We do not use or disclose this personal information for our own commercial purposes

Our website will only collect the minimal amount of personal information from children necessary, and institutions can enable/disable features of our services to suit their needs.

How we share children's information

We do not sell children's personal information, and a child may not make his or her personal information public through our services (though instructors may choose to share a child's information and responses with the child's classmates or with other instructors). We may disclose children's personal information as follows:

  • We will disclose children's personal information to each child's individual instructors and parents/legal guardians.
  • We will disclose children's personal information as directed by the child's instructor or institution. The child's instructor may share the child's scores, performance, or other academic information with other children in the class or school and with other instructors. Parents may request information about the information we have collected from their child(ren) by contacting us at team@engagewhiz.com.
  • If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the personal information we have collected from children to the other company. We will notify all users via email and/or a prominent notice on our website of any change in ownership or uses of personal information we have collected.
  • We may disclose children's personal information in order to comply with applicable law, a judicial proceeding, court order, or other legal process.
  • We will not disclose children's personal information to any third party company for marketing purposes.
  • We may disclose children's personal information where we believe it necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, or violations of this privacy policy or COPPA policy, or as evidence in litigation in which EngageWhiz is involved.
  • Beyond the disclosures listed in this privacy policy and COPPA policy, EngageWhiz will not disclose your personal data to any other third party without an instructor, parent, or institution's consent to do so.

Third-Party Links

Instructors may provide children with links to third party educational and learning resources located on third party websites. Any access to and use of such linked websites is not governed by this COPPA policy or privacy policy, but instead is governed by the privacy policies of those third party websites.

Review and Delete Personal Information

Parents, instructors and institutions have a right to review and correct the information we have collected about their child(ren) and students, and to delete it, request updates to it, or stop using it. To exercise these rights, you may contact us at team@engagewhiz.com. We will verify your identity as the child's parent or instructor to receive information about that child. Please note that we cannot delete copies of information that a child's teacher has already collected and/or copies.

EU-US Privacy Shield


EngageWhiz complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States.

In compliance with the Privacy Shield Principles, EngageWhiz will attempt to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield Policy should first contact EngageWhiz at team@engagewhiz.com.

Interpretation of this Privacy Policy


This Privacy Policy does not create or confer upon any individual any rights. Should there be any inconsistency between this Privacy Policy and applicable federal and provincial privacy laws or the privacy laws and acts in other countries where we have customers, this Privacy Policy will be interpreted to comply with the applicable privacy laws.

Unless otherwise stated above, any services provided by EngageWhiz is controlled and operated by us from the United States, and we do not intend that the EngageWhiz services subject us to the laws or jurisdiction of any state, country or territory other than that of the United States.

Contact Us


If you have any questions about this Privacy Policy, concerns about how we manage your personal information, or if you would like to make a complaint about how we manage your personal information, please contact us by mail or email at:

EngageWhiz
1322 Sherman Avenue,
Mamaroneck, New York, 10543
United States
team@engagewhiz.com

We will work to answer your questions within a reasonable period of time and advise you of any steps taken to address the issues raised by you.

Do we make updates to this policy?


In Short:  Yes, we will update this policy as necessary to stay compliant with relevant laws.

We may update this privacy policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.