Last Updated: July 22, 2021

Introduction

This Privacy Statement provides information on how Fireplace, Inc., dba www.smore.com (“Smore”) collects, uses, and protects personal information. When we refer to “us,” “we,” “our,” or “Smore” in this Privacy Statement, we are referring to Fireplace, Inc., dba Smore and its affiliates. We take the responsibility of handling personal information very seriously. As such, this Privacy Policy describes our collection and use of personal information collected from you through the online websites and web application software provided on or in connection with www.smore.com (collectively, the "Service" or “Services”), which are offered through www.smore.com and any other Smore website, app or online service which links to this Privacy Policy. "You" or "your" means a visitor or a user (whether signed in or not) of our Service. Your use of the Service is conditioned on your acceptance of this Privacy Policy.

Important Note on Student Data

This Service may be used by providers of educational services, such as schools, school districts, or teachers (collectively referred to as “School” or "Schools") that use our services for educational purposes. When Smore contracts with a School to provide the Service, we may collect or have access to Student Data (defined below). We consider such Student Data to be strictly confidential and in general do not use such data for any purpose other than improving and providing our Services to the School or on the school's behalf. Our collection, use and sharing of Student Data is governed by our contracts with the School and any applicable laws and regulations including, in the U.S., provisions of the Family Educational Rights and Privacy Act ("FERPA"), the Children's Online Privacy Protection Act ("COPPA") and applicable state laws. If you have any questions about reviewing, modifying, or deleting personal information of a student, please contact your School directly.

Your Consent

By using our site, you consent to our website privacy policy (this page) as well as the sites Terms and Conditions found here.

What information does Smore collect about you?

Smore collects information in several ways from different parts of the Service.


Website Registration: This information is what you choose to share in order to use the service, this is “Shared Information.” The information you will be asked to share depends on the account you are using (Educator or Free account) as well as if your account is part of a group, team, School, or District (Teams account). In addition, there is some information that is collected automatically because you are navigating within the website and using the service, this is “Automatic Information.” You may, however, also visit parts of the website anonymously.

“Shared Information” Includes:

Account Information: When registering on our website, as appropriate, you may be asked to enter your: First and Last Name, E-mail address, or optionally you can register with your Facebook or Gmail (Google) account which will share your name and email address to create an account. If you register for an account using your Facebook, Gmail (Google) or other social media login that we support, we may receive additional information from the relevant service provider based on your privacy choices. Please consult such service provider’s privacy policy for additional information, for Facebook you can visit https://www.facebook.com/privacy/explanation, and for Gmail (Google) you can visit https://policies.google.com/privacy?hl=en-US. For group, team, school, or district accounts you may be asked for additional information including contact information, mailing address, and general information (non-personal) to enable additional features and services from the website.


Content: While using the website you might choose to include, within your newsletter/flyer/page/communication, information including personal details, contact information, pictures, videos, attachments, or other general information to share with your readers, viewers, and newsletter recipients. The content, data and information that you upload to the website is stored on our servers.


Messaging: When you choose to provide information while using the mailing list feature to send an email, participate in social media, send a message, blog, webinar, or some aspect of the website, we will collect the information you provide, which may include the email addresses you provide. When you submit a support request asking for clarification, support, or a question, you may be asked for additional information in order to answer your inquiry and provide you with the best service.

“Automatic Information” Includes:

As mentioned, this is information that is collected automatically because you are navigating within the website and using the service. This information includes device and log information which is used for continuous improvement of our site and services. Some further details on such information is as follows:


Cookies: Cookies are small files that a website or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information. When you use and access the Service, we may place a number of cookie files in your web browser.


We use cookies for the following purposes:


  • To enable certain functions of the Service

  • To provide analytics

  • To store your preferences


We use both session and persistent cookies on the Service as well as different types of cookies to run the Service:


  • Essential cookies. We may use cookies to remember information that changes the way the Service behaves or looks, such as a user's language preference on the Service.


  • Accounts-related cookies. We may use accounts-related cookies to authenticate users and prevent fraudulent use of user accounts. We may use these cookies to remember information that changes the way the Service behaves or looks, such as the "remember me" functionality.


  • Analytics cookies. We may use analytics cookies to track information on how the Service is used so that we can make improvements. We may also use analytics cookies to test new advertisements, pages, features or new functionality of the Service to see how our users react to them.


Third-party Cookies: In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the Service, deliver advertisements on and through the Service, and more. The following is a list of other third party providers that help provide the complete Smore service. They only have access to the minimum information needed in order to provide the service required. We have also listed service providers that help us be more efficient in our internal business operations so that we can concentrate on providing a better and more affordable service for you! We will do our best to keep this list updated as changes occur, however, if you have any questions please reach out to us at privacy@smore.com


Analytics: We may use third-party Service Providers to monitor and analyze the use of our Service.


  • Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.


You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/.


  • Mixpanel

Mixpanel is provided by Mixpanel Inc.

You can prevent Mixpanel from using your information for analytics purposes by opting-out. To opt-out of Mixpanel service, please visit this page: https://mixpanel.com/optout/. For more information on what type of information Mixpanel collects, please visit the Terms of Use page of Mixpanel: https://mixpanel.com/terms/


How can you delete or refuse cookies? If you'd like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser. Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.


  • For any other web browser, please visit your web browser's official web pages.


Where can you find more information about cookies?

You can learn more about cookies and the following third-party websites:

You have the right to decline to share personally identifiable information with us and block cookies from being collected. Please keep in mind that this may limit your use of certain features and functions available on the website to you or prevent access altogether. You may edit information or delete your account at any time by accessing your account through the service.


Device Information: We collect information about the device you are using to access the website which may include the type and identifier, operating system, and browser (browser version) being used. This information helps us see how the site is performing across devices and make improvements where necessary, providing a better experience for you!


Log Data: Similar to most websites, we collect and store automatic information about how you navigate through the website. Data collected may include IP address, timestamps, device information, and crash or error details.


General Feature Information: We collect general information about the page views, and other content to provide information back to you as part of the analytics feature. Some of this information collected includes: the number of incoming viewers from different sources, outgoing links, and time spent viewing your newsletter, number of likes, and locations when available.


We may also use pixel tags (which are also known as web beacons and clear GIFs) on our Website/Services to track the actions of users on our Website/Services. Unlike cookies, which are stored on the hard drive of your computer or mobile device by a website, pixel tags are embedded invisibly on webpages. Pixel tags measure the success of our marketing campaigns and compile statistics about usage of the Website/ Services, so that we can manage our content more effectively. The information we collect using pixel tags is not linked to our users’ personal data.


Remarketing: As part of our marketing strategy, we utilize cookie-based remarketing/retargeting technologies through our advertising partners which are intended to deliver ads on advertising networks based on anonymous data. Smore uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Service.


  • Google AdWords

Google AdWords remarketing service is provided by Google Inc.

You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads.


Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/.


  • Twitter

Twitter remarketing service is provided by Twitter Inc.

You can opt-out from Twitter's interest-based ads by following their instructions: https://support.twitter.com/articles/20170405. You can learn more about the privacy practices and policies of Twitter by visiting their Privacy Policy page: https://twitter.com/privacy.


  • Facebook

Facebook remarketing service is provided by Facebook Inc.

You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950. To opt-out from Facebook's interest-based ads follow these instructions from Facebook: https://www.facebook.com/help/568137493302217.


Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings. For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation.


  • Pinterest

Pinterest remarketing service is provided by Pinterest Inc.

You can opt-out from Pinterest's interest-based ads by enabling the "Do Not Track" functionality of your web browser or by following Pinterest instructions: http://help.pinterest.com/en/articles/personalization-and-data. You can learn more about the privacy practices and policies of Pinterest by visiting their Privacy Policy page: https://about.pinterest.com/en/privacy-policy.


Payments

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors). We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.


The payment processors we work with are:

Stripe

Their Privacy Policy can be viewed at https://stripe.com/us/privacy.


Student Information

When Smore provides the Service to Educators and Schools, our collection, use and disclosure of Student Data is governed by our Terms of Service and/or any other agreement with the School, by the provisions of the Family Educational Rights and Privacy Act ("FERPA"), the Children's Online Privacy Protection Act ("COPPA") and other applicable laws that may relate to the collection and use of personal information of students. If you have any questions about reviewing, modifying, or deleting the personal information of a student, please contact your School directly.


The School or Educator is responsible for obtaining necessary parental consent for the students use of the website. A parent has the right to review, change, and have deleted, any of their child’s information. All inquiries regarding student data must be directed through the student’s School and/or Educator who is registered to the account.


Both the School and/or the Educator have control over PII (Personally Identifiable Information) and have the right to review, delete and/or refuse to permit further collection or use of the student’s information that may have been collected. This may in some cases limit the use of certain features and functions available on the website or prevent access altogether. Any information that may have been collected is kept for as long as the account is active in order to retain access to the content created (Flyers/Newsletters/”Smore’s”). The School may decide the content (Portfolio of work) created by a student is no longer needed, and it may be edited or deleted at any time, by accessing your account through the service. Questions, concerns, and inquiries can be emailed to privacy@smore.com.

How Smore Uses the Information We Collect

Any of the information we collect from you may be used in one of the following ways:


To provide the Website and Services

We use your information in order to provide you the features and functions made available to you on the Website and Services.


To personalize your experience

Your information helps us to better respond to your individual needs. (For example the Educator Hive is available to educators).


To improve our website and services

We continually strive to improve our website offerings and features available based on de-identified information, general log data, and usage statistics. We use information to tailor the content and information that we may send or display to users, to offer personalized content and instructions, and to otherwise personalize your experience while using the Service, including on various devices you may use to access the Service. We collect statistics to better understand how users access and use our Service, monitor the effectiveness of our Service, detect usage patterns, and to diagnose or fix technology problems. We also use information to demonstrate the effectiveness of the Service and perform research, and to develop, support, and improve our Service and other educational products and services. We also take into consideration all feedback we receive from you.


To improve customer service

Your shared and automatic information helps us to more effectively respond to your customer service requests and support needs. (You will never be asked to provide any password information). For example: Finding a recently deleted flyer/newsletter that needs to be restored or seeing the browser you are using to help determine a solution for a possible bug in the system.


To process transactions

Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested or as expressly provided in the section titled Disclosure of Your Data.


To send periodic emails

The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc. We use your information to provide transactional notifications for certain activities relating to your use of our Service. For example, we may send e-mail notifications to provide receipt for payment or other subscription notices. From time to time, we may send periodic promotional or informational e-mails to Educator or Team users. We do not use Student Data to send marketing communications, and we do not send marketing communications to student users. Note: If at any time you would like to opt-out or unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email. You may not opt out of service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Service, technical and security notices).


Carry out core business operations

We may use the information for such core business operations such as accounting, filing taxes, and fulfilling regulatory obligations.


To promote safety and security and respond to legal process

We use information to promote the safety and security of our Service, our uses and other third parties. For example, we may use the information to authenticate users, facilitate secure payments, detect and prevent fraud and other harmful activities, respond to legal requests or claims, and enforce our terms and policies.


How Does Smore Share Your Information?

Smore may share or disclose your personal information as needed to provide our Service or with your consent or permission. We may also share personal information in the circumstances described below.

With Your Consent

Smore will disclose your personal data in accordance with your direction. For example, we will transmit in accordance with your direction(s) any newsletter you send via the Services, including any personal data therein.

Service Providers

We may share your personal data with third party service providers who need access to your information in order to perform services for us as indicated above. Below is the current list of other third party providers, their purpose, and links to their respective privacy policies:

Google Maps - for event locations


Third parties with Consent or as Instructed

We share information with consent and at the direction of Educators and Team Users. For example, an Educator or Teacher may direct Smore to share specific information with another individual, such as when a teacher directs Smore to send a communication to a student. Similarly, we may share personal information with third parties, for example, if a School authorizes Google login or similar authentication tools for that School's user accounts.


Others within the School

Smore may share information collected from Educator or Team Users associated with other users or persons designated by the School, such as teachers and school administrators of that School. Content shared, emailed or posted by members of a School community, such as content between a teacher and students in a class, will be accessible by School administrators or other designated School users.


Vendors and Service Providers

Smore may share information with our trusted vendors, third party service providers and individuals to provide services or products for us or on our behalf, which may include analytics, hosting, billing, advertising, and marketing (provided however, that Smore will not knowingly use any Student Data to target advertise or market). Vendors and service providers who have access to Student Data, if any, shall be contractually bound to uphold privacy and confidentiality terms no less protective than those provided herein.


Aggregate or De-Identified Information

We may share information in aggregated and/or anonymous form that cannot reasonably be used to identify an individual. For example, Smore may disclose aggregated user statistics (i.e., the total number or percentage of Smore users from a particular geographic region) in order to describe our Service to current and prospective partners and other third parties, and for other lawful purposes.


Merger or Sale

If Smore becomes involved in a merger, acquisition, bankruptcy, change of control, or any form of sale of some or all of its assets, your personal information may be transferred or disclosed in connection with the business transaction. In such an event, we will make efforts to provide notice before personal information is transferred and becomes subject to a different privacy policy. We will not transfer Student Data associated with Educator or Team accounts in the event of a merger or sale unless the recipient has committed to The Student Privacy Pledge principles or similarly stringent privacy protections, or we will provide Schools with notice and an opportunity to opt-out of the transfer of Student Data by terminating their accounts and any associated student users before the transfer occurs.


Other/Legal Requirements

Smore may release personal information if it has a good faith belief that access, use, preservation, or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process, or enforceable governmental request; (b) enforce applicable Terms of Service, including investigation of potential violations thereof; (c) detect, prevent or otherwise address fraud, security or technical issues; (d) protect the rights, property, or personal safety of Smore, its users, or the public; or (e) as required or permitted by law.

Third-party Tracking and Online Advertising

Smore does not use interest-based ads in our Services. We also do not share information with third parties for our own marketing/advertising purposes. Smore does not share information with third parties services for our own marketing/advertising purposes. Also, Smore does not display any targeted advertising on the Service. Importantly, although we may permit third party advertising partners to collect information from visitors to non-student areas of the Service for the purpose of displaying advertisements on other websites or online services on our behalf, we take many steps to prevent these third-party advertising networks from collecting information for targeted advertising purposes once a subscriber to our Service signs into our Service. Please note that we rely on cookies to identify whether you are a subscriber to our Service and if you delete or block cookies, you may also delete the Smore cookie which prevents subscribers from receiving targeted Smore advertisements on other websites or online services.


We work with third-party online advertising networks which use technology to recognize your browser or device and to collect certain types of usage information about your visit to or use of our Service to provide customized content, advertising and commercial messages to you on other websites or services, or on other devices you may use. We (through the third-party advertising networks) use this information to direct our online advertisements to those people who may find them relevant to their interests. Typically, though not always, the information is collected through cookies or similar tracking technologies as discussed above. You may be able to set your browser to reject cookies or other tracking technology by actively managing the settings on your browser or mobile device, though these tools may not be effective for all third-party tracking technologies, including Flash or HTML5 cookies. To learn more about cookies, clear gifs/web beacons and online advertising technologies and how you may opt-out of some of this advertising, you may wish to visit the Digital Advertising Alliance's resources at www.aboutads.info/choices and/or the Network Advertising Initiative's online resources, at www.networkadvertising.org.


If you do not want to receive targeted advertising from Smore based on your visit to our website, you can use the below link to request that Smore take steps to prevent third-party advertising networks from using information about your visit to our website to display targeted Smore advertisements to you on other websites or services on behalf of Smore. Smore cannot, however, guarantee that such steps will eliminate all collection and/or display of targeted advertising, and it may take some time for your request to take effect. Such requests will not prevent you from receiving contextual advertising or other types of advertisements that are displayed without taking into consideration whether you have previously visited www.smore.com (for example, advertisements shown on the basis of a search term keyword). Such requests will not stop the collection of information for purposes other than advertising (e.g., for website analytics). This opt-out requires the setting of a cookie in your browser to record your request (and thus will no longer be effective if the required cookie is deleted), will be effective only in the browser from which you make the request, and will be effective for a maximum of one year from the request. If you delete cookies, change your browser settings, switch browsers or computers, or use another operating system, you will need to make the request again. You may make additional requests at any time.


We do not "sell" personal information to third parties without consent, however, we do allow certain third party advertising networks and other third party businesses to collect your personal information directly from your browser or device through cookies and related technologies for advertising, attribution, analytics and research purposes. These third parties may use such personal information for their own purposes in accordance with their own privacy statements, which may include reselling this information to additional third parties. By visiting www.privacyrights.info, you can opt out from sales of this type of personal information by businesses that participate in the DAA's CCPA App-based Opt-Out Tool.


Anonymous Data

When we use the term “anonymous data,” we are referring to data and information that does not permit you to be identified or identifiable, either alone or when combined with any other information available to a third party. We may create anonymous data from the personal data we receive about you and other individuals whose personal data we collect. Anonymous data might include analytics information and information collected by us using cookies. We make personal data into anonymous data by excluding information (such as your name) that makes the data personally identifiable to you. We use this anonymous data to analyses usage patterns in order to make improvements to our Website/Services


How to Access, Update or Delete Your Personal Information

You may edit your account information at any time by signing in to your account, clicking on the “You” icon in the upper-right corner, and selecting edit profile. We recommend that you review your personal information periodically to ensure that it is accurate, complete, and current. If you do not provide and maintain accurate contact information for your account, we may not be able to provide you with the notices set forth in this Privacy Policy.


If you are a parent or guardian of a student of an Educator or Teams User of the Smore Service and have a question regarding student data, please refer all questions and requests regarding access, modification, or deletion of your Student Data to your student's School. The School may, at its discretion, address such requests with Smore and Smore shall respond promptly to all access, modification and deletion requests it receives from its Educator or school Team Users.


For non-student data requests, please contact privacy@smore.com for further instructions about deleting or deactivating your account or deleting your personal information. We may not be able to comply with your request in all circumstances. For example, certain requests to access, update or delete personal information and data associated with an Educator or Team account or license may be subject to approval by the School. When account information is deleted or de-identified, certain residual information may remain within our archive records, such as for customer and technical support, billing and tax purposes.


Retention of Data

Smore will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.


Smore will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.


Transfer of Data

Your information, including Personal Data, may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction. If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. Smore will take reasonable steps to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.


How Do We Protect Your Information?

The security of your personal information is very important to us. We have implemented a variety of physical, administrative and technological safeguards designed to preserve the integrity and security of the personal information we collect and to protect against unauthorized access to data. We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.


We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, your private information (credit cards, identification numbers, financials, etc.) will not be stored on our servers.


We regularly test our own security by checking how we collect, transmit, and store information. Security audits are completed on a quarterly basis by management together with the engineering team. In addition, if there is ever an attempt by an outside party to access, misuse, or breach any part of the website we have measures in place to protect personal information and to further strengthen the security practices.


Other steps include internal reviews of our data collection, storage, and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data. We restrict access to personal information to Smore employees, contractors, and agents who need to know that information in order to operate, develop, or improve our services. Our employees may be subject to disciplinary action, including termination, if they fail to meet privacy and confidentiality obligations.


We take security seriously and do the best to keep everything protected, however, we cannot guarantee 100% that there will never be a breach in our data. However, no security system is impenetrable—for that reason, we cannot guarantee the security of your personal information. If personal information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and take all steps required by applicable laws and regulations and our agreements with any affected Schools. There also can be unforeseen attacks, system failures, human mistakes, technological errors, outages, or other cases that expose the security of user information. If we become aware of a breach of data we will do our best to notify you given any applicable laws.


Maintaining the security of your personal information also requires your cooperation and involvement. For your protection, remember to sign out of all accounts before closing your browser. There is a sign out link available on most Smore pages. After signing out, make sure to close all browser windows. In addition, do not use the "Remember" feature if you are signing in to your account from a computer that other persons may have access to. This is to ensure that others cannot access your personal information if you share a computer with someone else or are using a public computer.


Please keep your password secure. If you have forgotten your password, you may request a new one by contacting support@smore.com. A new password will be sent to the e-mail address you specified during registration. For all other problems signing in to the Smore Service, please contact our technical support team using the contact information at the end of this policy.


If you have any concerns about the security of your account or the security of the Service, we ask that you report your concern to us immediately at support@smore.com. While we are unable to respond to all security concerns, we appreciate your feedback and take all reported concerns seriously.


Links to Other Websites and Services

Our Service may contain links to other sites that are not operated by us, that may include, but are not limited to, our business partners, advertisers, and social media sites. If you click on a third party link, you will be directed to that third party's site. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services. If you follow a link to any of these websites, please note that these websites have their own privacy policies and their practices are not covered by this Privacy Policy. We strongly recommend that you read their privacy policies and terms and conditions of use to understand how they collect, use, and share information. We are not responsible for the privacy practices or the content on the websites of third-party sites.


"Do Not Track" Signals

We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

National/Regional Specific Disclosures

We may choose or be required by law to provide different or additional disclosures relating to the processing of personal information about residents of certain countries, regions or states. Please refer below for disclosures that may be applicable to you.


Family Educational Rights and Privacy Act (FERPA)—United States

Smore’s Privacy Policy and our services are designed to meet our responsibilities under FERPA to protect personal information from students' educational records. We collect, receive and use student personal information as a “School Official'' that performs an outsourced institutional function, subject to the direction and control of the Educator or School. We agree to work with each school to jointly ensure compliance with the FERPA regulations to protect the confidentiality of educational records, provide parents and eligible students the opportunity to access and review such records, and limit further disclosure of personal information only as necessary to support the school's educational purposes.


Children’s Online Privacy Protection Act (COPPA)—United States

We do not knowingly collect personal information from a child under 13 unless and until a school has authorized us to collect such information through the provision of services on the school’s behalf. Consistent with COPPA, we rely on the school to provide appropriate consent and authorization for a student under 13 to use our services and for Smore to collect personal information from each student. We use and process Student Data for the purpose of providing the educational services to the school and do not collect or retain Student Data for longer than is necessary to provide the services. We provide the school the opportunity to review and delete the personal information collected from their students, and we work with schools to provide parents the same level of access, upon request.


Smore does not permit children under the age of 13 to create an account and does not knowingly collect personally identifying information from children under the age of 13 without the consent and at the direction of a Parent. Please contact us at privacy@smore.com if you believe we have inadvertently collected information from a child under 13 without parental consent so that we may delete the information as soon as possible. When Smore is used by a School in an educational setting, the School may authorize Smore to collect information from a child under 13.

Notice for California Residents

This section applies to you only if you are a resident of the state of California and for purposes of this section the term "personal information" has the meaning provided by the California Consumer Privacy Act (the "CCPA"). Please note this section does not apply to Student Data that we process on behalf of our School customers. Because Smore provides the Services to Schools as a "School Official," we collect, retain, use and disclose Student Data only for or on behalf of our School customers for the purpose of providing the Services specified in our agreement with the School and for no other commercial purpose. If you have any questions or would like to exercise your California rights, please contact your School directly.


Residents of California may be entitled to certain rights with respect to personal information that we have collected about them under the CCPA:

  • Right to Know. The right to request to know more about the specific pieces or categories of personal information we have collected, the categories of data sources, and the categories of third parties with whom we have shared the personal information for a business or commercial purpose in the last 12 months.

  • Right to Request Deletion. The right to request the deletion of personal information that we have collected from you, subject to certain exceptions.

  • Right to Opt Out of Personal Information Sales. The right to direct us not to sell (as such term is defined by the CCPA) personal information we have collected about you to third parties.

  • Right to be free of discrimination for exercising these rights. However, please note that if the exercise of these rights limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you the Service or engage with you in the same manner.


To request to exercise your right to know and/or right to deletion for non-student data, please submit a request by emailing privacy@smore.com with the subject line, "California Rights Request." We will need to verify your identity before processing your request, which may require us to request additional personal information from you or require you to log into your account, if you have one. In certain circumstances, we may decline or limit your request, particularly where we are unable to verify your identity or locate your information in our systems, or as permitted by law.

California Shine the Light

California "Shine the Light" law (Civil Code Section §1798.83) provides certain rights to California residents that have an established business relationship with us with regard to the disclosure of certain types of personal information to third parties for their direct marketing purposes. We do not share your personal information with third parties for their direct marketing purposes without consent.


California Students Online Personal Information Protection Act ("SOPIPA")

This Privacy Policy and our Service are designed to comply with SOPIPA. We do not use Student Data for targeted advertising purposes. We do not use collected information to amass a profile of a K-12 student except in furtherance of K-12 school purposes. We never sell Student Data unless the sale is part of a corporate transaction, such as a merger, acquisition, bankruptcy, or other sale of assets, in which case we make efforts to ensure the successor entity honors the privacy commitments made in this policy and/or we will notify you of such a sale and provide you an opportunity to opt-out by deleting your account before the data transfer occurs. We will not sell students' personal information to third parties other than in the context of a business transaction.


California Online Privacy Protection Act Compliance

We value your privacy and have taken necessary precautions with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent, except as expressly provided herein.


As part of the California Online Privacy Protection Act, you may visit our site anonymously, however, to use the service will require signing-up. All users of our site may make any changes to their information at any time by logging into their accounts and going to their profile page.


California Assembly Bill 1584 ("AB 1584")

This Privacy Policy and our Service are designed to comply with AB 1584. Student records obtained by Smore from a local educational agency ("LEA") continue to be the property of and under the control of the LEA. Parents, legal guardians, or eligible pupils may review personally identifiable information in the pupil's records and correct erroneous information by contacting their LEA directly. In the event of an unauthorized disclosure of a pupil's records, Smore will notify the LEA and will provide the LEA with a report to be shared with the affected parent(s), legal guardians(s) or eligible pupil(s). Pupil records will be deleted and/or de-identified in accordance with our data retention and deletion policies described above in the section "Retention of Data" section above.


Connecticut Conn. Gen. Stat. Ann. § 10-234aa-dd

Smore’s Connecticut Addendum to the Terms of Service, available upon request, is designed to comply with the requirements of the Connecticut Act Concerning Student Data Privacy, Conn. Gen. Stat. Ann. § 10-234aa-dd. If you are a school located in Connecticut, please contact privacy@smore.com to incorporate the Connecticut Addendum into your agreement.

Colorado

Smore will not use your data for any purpose beyond the indicated purposes in the Terms of Use, which includes this Privacy Policy. Only the Smore employees that have a legitimate interest in accessing your data, will be granted authorization by Smore.

Florida

Smore will provide notification of a security breach pursuant to requirements as mandated in the Florida Information Protection Act of 2014.

Illinois Student Online Personal Protection Act - 105 ILCS 85

Covered Information Collected From a Student or Student's Parent

We collect the following types of Covered Information directly from a student or a student's parent: none.


Covered Information Collected From a School or School District

To provide our services to schools and school districts, we receive the following types of Covered Information from them: educator name, administrator name, electronic mail address, physical address and telephone number; financial information, including bank account number, credit or debit card number; and registration data.


Covered Information Collected From Site Operations and Services Provided

We collect the following types of Covered Information directly from a student or a student's parent: name (not required to be a full name), email address, username, password, security question and answer that a user can use to reset a password should it be forgotten and photos.


How We Use the Covered Information

We use the Covered Information collected through the above sources to provide our services to you;

  • to provide access to your Smore account;

  • to provide customer service;

  • to respond to questions, comments, or feedback;

  • to facilitate services through partnerships with the schools and school districts, and

  • to improve our site and services

We may also use the Covered Information for the following purposes where the Covered Information is not associated with an identified student:

  • To improve educational products or services;

  • To demonstrate the effectiveness of our products or services, including in our marketing; or

  • Share Covered Information for the development and improvement of educational sites, services, and applications.


Disclosure of Covered Information

We do not sell or rent student information, including Covered Information.


Permitted Uses and Disclosures

We may disclose Covered Information in the following limited circumstances:

  • In furtherance of the K through 12 school purposes of the site, service or application if the recipient of the Covered Information discloses that it (a) does not further disclose the information, unless done to allow or improve operability and functionality of the operator's site, service or application.

  • To ensure legal and regulatory compliance or take precautions against liability.

  • To respond to the judicial process.

  • To protect the safety or integrity of users of the site or others or the security of the site, service or application.

  • For a school, educational, or employment purpose requested by the student or the student's parent, provided that the information is not used or further disclosed for any other purpose.

  • To a third party that has contractually agreed to comply with our requirements that prohibit the third-party from, among other things, using the Covered Information for any purpose other than to provide agreed-upon services to the operator or on the operator's behalf and which prohibit the third-party from disclosing any of our Covered Information with subsequent third-parties. Third-parties are required to implement and maintain security procedures and practices that comply with all applicable laws and regulations including SOPPA.


Company may also use or disclose Covered Information in the following circumstances:

  • If federal or state law requires us to disclose the information;

  • For legitimate research purposes as required by federal or state law subject to the restrictions under the applicable state and federal law, or as allowed by the state or federal law and under the direction of a school, school district, or the State Board of Education if the Covered Information is not used for advertising or to amass a profile on a student for purposes other than for K through 12 school purposes; or

  • To a state or local educational agency, including schools and school districts, for K through 12 school purposes, as permitted by state or federal law.

Maryland

Smore will not use Covered Information to engage in targeted advertising.

New York Education Law §2-d

Smore is committed to working diligently to ensure our practices are in alignment with the finalized provisions of New York Education Law 2-d. Upon request, Smore will append a Parents’ Bill of Rights and a mutually agreed Data Security Addendum to our agreement with any New York State school district. New York State district administrators should reach out to Smore to add a Parents’ Bill of Rights and a Data Security Addendum to their agreements. If a district would like or needs an individual agreement in place with Smore, please email privacy@smore.com for Smore’s 2-d specific data sharing addendum.


Pennsylvania

Smore will provide notification of a security breach pursuant to the requirements of Pennsylvania’s Breach of Personal Information Notification Act.

Washington

Smore will provide notice before making material changes to this Privacy Policy.


Notice for Residents in Canada

This Privacy Policy complies with the requirements of the Personal Information Protection and Electronic Documents Act (PIPEDA). Under Canadian law, you have a right to access any personal information we hold about you. You may ask us to access and/or correct your information by writing to us at the address below. Please note that we may require you to send us proof of your identity before providing you with access to your personal information. If you send us a request to access or correct information, then we will contact you within 30 days (although it may take us longer to fully respond to your request).

Our general privacy policy makes clear that we may share information with third parties, such as indicated above. However, we will only share your information with such parties where we have your express or implied consent to do so. If you object to our sharing your information with such parties, or if you do not wish to receive marketing communications (such as emails) from us, then you may contact us to let us know your objection at any time.


You may contact us if you have any questions, or complaints, regarding the collection or use of your personal information or the content of this policy provision, or if you wish to withdraw your consent to us using your data, please contact us at:



Fireplace, Inc. dba Smore

Attn: Canadian Privacy Rights

6425 Living Place, 2nd Floor

Pittsburgh, PA 15206

United States

Phone number: 1-800-329-7604

privacy@smore.com


If you are not satisfied with our response to your query or complaint, you may also contact the Office of the Information and Privacy Commissioner of Canada at this link.


Notice for Residents in the European Economic Area ("EEA" Residents)

For personal information subject to the European Union General Data Processing Regulation ("GDPR"), we rely on several legal bases to process the data. These legal bases include where:


Smore may process your Personal Data because:

  • The processing is necessary to perform our contractual obligations in our Terms of Service or other contracts with you (such as to provide you the Service as described in our Terms of Service);

  • You have given your prior consent, which you may withdraw at any time (such as for marketing purposes or other purposes we obtain your consent for from time to time);

  • The processing is necessary to comply with a legal obligation, a court order or to exercise or defend legal claims;

  • The processing is necessary for the purposes of our legitimate interests, such as in improving, personalizing, and developing the Service, marketing the Service, such as new features or products that may be of interest, and promoting safety and security as described above.


If you have any questions about or would like further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided below.


Residents in the EEA are entitled to certain rights with respect to personal information that we hold about them under the GDPR:

  • Right of access and portability. The right to obtain access to your personal information, along with certain related information, and to receive that information in a commonly used format and to have it transferred to another data controller;

  • Right to rectification. The right to obtain rectification of your personal information without undue delay where that personal information is inaccurate or incomplete;

  • Right to erasure. The right to obtain the erasure of your personal information without undue delay in certain circumstances, such as where the personal information is no longer necessary in relation to the purposes for which it was collected or processed;

  • Right to restriction. The right to obtain the restriction of the processing undertaken by us on your personal information in certain circumstances, such as where the accuracy of the personal information is contested by you, for a period enabling us to verify the accuracy of that personal information; and

  • Right to object. The right to object, on grounds relating to your particular situation, to the processing of your personal information, and to object to processing of your personal information for direct marketing purposes, to the extent it is related to such direct marketing.


You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here: Data Protection Authorities. If you need further assistance regarding your rights, please contact us using the contact information provided below and we will consider your request in accordance with applicable law. In some cases our ability to uphold these rights for you may depend upon our obligations to process personal information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.


Updates to this Policy

Smore may, in its sole discretion, modify or update this Policy from time to time, which will be reflected in the 'Last Updated' date set forth at the beginning of this Policy. If we change this Policy in a material manner, we will do our best to notify you of the changes by posting a notice on our website or through other appropriate communication channels. Your continued use of the Services following the effective date of such update constitutes your acceptance of the revised Policy. If you do not agree to any of the terms in this Policy or to any future terms in a future revision of this Policy, do not use or access (or continue to access) the Service.


We will not make any material changes to our Privacy Policy or Terms of Service that would result in Student Data being used in a materially different manner than was disclosed when the information was collected without first giving notice to applicable Educators and Schools and providing a choice before such Student Data is used in a materially different manner than was disclosed when the information was collected.


In the event that you, your Educator or your School has entered into a signed, written agreement with Smore, changes to this Policy may not be effective as to you until either (a) you or your Educator or School affirmatively accepts the changes to this Policy, either electronically or in a signed writing or (b) upon renewal of the Educator’s or School's agreement with Smore at the end of the current term.


How Do I Delete My Account?

We will be sorry to see you go and hope you decide to come back in the future, however, if you would like to delete your account we understand. Please follow the instructions in this FAQ here, or for free users you may simply discontinue using the Website and the services provided by Smore.


Contacting Us or Exercising Applicable Privacy Rights

If there are any general questions regarding this privacy policy or if you have applicable Privacy Rights you wish to exercise, you may contact us using the information below or at privacy@smore.com:


http://www.smore.com

Fireplace, Inc. dba Smore.com

6425 Living Place, 2nd Floor

Pittsburgh, PA 15206

United States

Phone number: 1-800-329-7604

privacy@smore.com


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Smore Team
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