In this Policy, “Personal Information” means any information about an identifiable individual or information that can be used to identify an individual, and includes “Personal Data” as that term is defined under the GDPR.
Palette connects students and the adults that care about them by enabling communication and information sharing among students and their connected adults. You are responsible for any Content you provide in connection with the Services. We cannot control the actions of anyone with whom you or any other Palette users may choose to share information. Therefore, we cannot and do not guarantee that Content you or any user posts on the Services will not be viewed by unauthorized persons. Although we may allow our users to set privacy options that limit access to certain parts of the Services, please be aware that no security measures are perfect or impenetrable and that we are not responsible for circumvention of any security measures contained on the Services. Palette does not encourage you to make any personally identifiable information (Personal Information) public other than what is necessary for you to use our Services. You understand and acknowledge that, even after removal, copies of Content may remain viewable in cached pages, archives and storage backups or if other users have copied or stored your Content. We will make efforts to remove the Content under our control that is not part of another user's account.
Palette is not a healthcare organization and is not certified as HIPAA-compliant.
You may request removal of Personal Information (as described below) that you have provided to us by contacting us at firstname.lastname@example.org We will remove your Personal Information from our database on your request, but this information may remain in our server logs as part of our standard backup procedures, unless prohibited by contract or law. An Organization Administrator may be able to upload and provide information about you to your account; if you would like to remove or amend that information, you may have to contact and work directly with that Organization Administrator.
Any improper collection or misuse of Content or other information accessible on the Services is a violation of Palette's Terms of Service and should be reported to email@example.com.
We have included some information below related to the Children's Online Privacy and Protection Act ("COPPA"). COPPA requires that online service providers obtain parental consent and provide notice before they knowingly collect personally identifiable information online from children who are under 13 ("under-13 users"). Palette is not typically used by children under age 13. However, if a user is under 13, Palette typically relies on an Organization to obtain verifiable parental consent to provide our services to under-13 users. Pursuant to COPPA, we may collect an under-13 user's name (first name and last initial), date of birth, email address and/or telephone number in order to operate and provide the Services, and we may collect the under-13 user's parent's (or legal guardian's) email address in order to provide notice to the child's parent or guardian that we may contact the under-13 user for the purpose of allowing access to and use of the Services. If Palette does not receive the parent's email address within a reasonable time period, the under-13 user will not be able to receive any messages and his/her Personal Information will be deleted. If an under-13 user's Palette account is inactive for at least twelve months (meaning, the account has not received a message through the Services in that period of time), Palette's policy is to delete the Personal Information. If we learn we have collected Personal Information from an under-13 user other than pursuant to the above, or if we learn that an under-13 user has provided us Personal Information beyond what we request from him or her, we will delete that information as quickly as possible after we have identified it. If you believe that an under-13 user may have provided us Personal Information in violation of this paragraph, please contact us at firstname.lastname@example.org.
In order for an under-13 user to gain access to additional features or services, Palette may employ one or more methods approved by the Federal Trade Commission for verifying parental consent.
While COPPA requires Palette to follow these procedures for under-13 users in the United States, Palette employs the same process to obtain consent for all users under 13 years old.
When you use the Services, you may set up your personal profile, send messages, perform searches and queries, and transmit information through various channels as permitted by the functionality of the Services. Palette will not display your personal contact information to other users, without your permission. If, however, you utilize Palette in an Organization that is a Palette client, we will share your personal contact information solely with Verified Administrators chosen by your Organization. The information we gather from users enables us to attempt to verify user identity, allows our users to set up a user account and profile through the Services, and helps us personalize and improve our Services. We retain this information to provide the Services to you and our other users and to provide a useful user experience. When you update your information, we usually keep a backup copy of the prior version for a reasonable period of time in case you need to need to go back to that version.
We receive and store any information you knowingly enter on the Services, whether via computer, mobile phone, other wireless device, or that you provide to us in any other way. With your express consent, you may be able to upload, import or sync contact information from your mobile device (for example, from your address book) to Palette. You may choose not to provide us with certain information, but then you may not be able to take advantage of many of our features. We use the Personal Information we receive about you to provide you with the Services and also for purposes such as:
attempting to authenticate your identity,
responding to your requests for certain information,
customizing the features that we make available to you,
suggesting relevant services or products for you to use,
improving the Services and internal operations (including troubleshooting, testing, and analyzing usage),
communicating with you about new features
and, most importantly, protecting our users, sending emergency messages we are directed to send to you, and working towards making sure our Services are safer and more secure.
You may modify or remove your Personal Information at any time by logging into your account. If an Organizer or a Verified Administrator uploads or adds information about you to your account, you may have to contact and work directly with that Organizer or Verified Administrator in order to modify or remove that information.
We receive and store certain types of information whenever you use the Services. Palette automatically receives and records information on our server logs from your browser including Palette cookie information, the page you requested, and other usage information such as your activity on the Services, the numbers and frequency of visitors to our site and its components (similar to TV ratings that indicate how many people watched a particular show). None of this information constitutes Personal Information. Certain information that is collected automatically, such as device ID, IP address and phone number, and browsing information that is associated with a user will be treated as Personal Information. In addition, for users who are students, parents, advisors or Administrators of organizations that contract with Palette, Palette may, with the consent of the Organization’s Administrator, obtain information from a third party Student Information System (SIS), Customer Relationship Management (CRM), or Learning Management System (LMS) provider, which could include basic directory information, attendance information, class grades and report cards, and similar information that is Personal Information.
We also may provide to our partners aggregate information derived from automatically collected information about how our users, collectively, use our site. We may share this type of non-personally identifiable, aggregated statistical data so that our partners also understand how often people use their services as well as Palette.
When users use our mobile application, we automatically collect the Internet Protocol (IP) address, device ID, device type, and what operating system (OS) the user is running.
We collect users' IP addresses whenever they use our mobile application, which provides us with a coarse approximation of the user's location at the city level. We also may, with your express consent, request more specific location information in order to provide you with more relevant information (such as nearby classes or relevant groups that you may subscribe to). We will not store or track your device location on an ongoing basis or without your permission. We may also collect location-based information from users as part of providing the Services and in order to comply with applicable laws and regulations for the user's jurisdiction.
If you are located in Canada, you may opt out of receiving marketing messages (including text messages and emails); however, you may still receive text message and email communications that are necessary for the Services or otherwise exempt from anti-spam laws.
When an Organization in which you are a member or member of your network has posted something new to your network, you are sent a message, or when Palette needs to inform you of something. If you no longer wish to receive such communications, you may turn them off at the device level.
A pixel is a small amount of code on a web page or in an email notification. As many services do, we (or our agents) may use pixels to learn whether you've interacted with certain web or email content on our Services. This helps us measure and improve our Services and personalize your experience on Palette.
Local storage is an industry-standard technology that allows a website or application to store information locally on your computer or mobile device. We use local storage to customize what we show you based on your past interactions with Palette.
Palette uses these technologies to deliver, measure, and improve our Services in various ways. These uses generally fall into one of the following categories:
For example, these technologies help authenticate your access to Palette and prevent unauthorized parties from accessing your account.
To remember information about your browser and your preferences.
For example, cookies may help us remember your preferred language or country that you are in. We can then provide you with Palette content in your preferred language without having to ask you each time you visit Palette. We can also customize content based on your country, such as disabling SMS, or to withhold certain content based on applicable local laws.
To help us improve and understand how people use our Services.
For example, cookies help us test different versions of our services to see which particular features or content users prefer or to share information about our services to you as you interact online across the internet. We might also optimize and improve your experience on Palette by using cookies to see how you interact with our services, such as when and how often you use them and what links you click on. We may use Google Analytics to assist us with this.
Palette partners with third-parties to promote our Services. If you respond to one of our posts and visit or register to use our Services, we may provide these third-party companies with identifiers from your device or computer, such as an IP address or device ID, to help us analyze our user acquisition efforts. No student personal data is shared with third-party promotion services.
We use mobile analytics software to allow us to better understand the functionality and improve the performance of our mobile software on your phone. This software may collect, store and use information such as how often you use the application, the events that occur within the application, usage, performance data, and where the application was downloaded from. This software may share information it collects with other third parties (1) as part of providing the analytics services; (2) with integrations that advance teaching, school or district services, student learning or achievement, or parent or guardian participation in their child's education or activities; and, (3) to comply with applicable laws.
Users may have the choice of associating their account with an Organization (such as a team, school or group) that uses Palette to manage their programs and/or communication. Other users may attend an Organization that contracts with Palette and this may automatically create an account for all the students, teachers, parents and relevant administrators of that Organization.
By associating your account with an Organization, you acknowledge and agree that Administrators from that Organization may be able to view your User Submissions (including your Personal Information and messaging content). In addition, Administrators may be able to make administrative changes to your account, such as removing you from classes and/or groups.
If you are an Administrator affiliated with an Organization, you acknowledge that Palette may enable other users who are associated with the same Organization to contact you -- for example, advisors, students, or parents who are associated with your Organization may communicate with you. Participants may also contact each other (in addition to viewing User Submissions). Palette does not display in a user's account profile personal contact information of the user to any other users without prior consent.
Palette relies on its users to provide accurate Personal Information in order to provide our Services. We try our best to protect that information and make sure that we are responsible in handling, disclosing, and retaining your data. We neither rent nor sell your Personal Information to anyone. If other Palette users, other individuals or companies whose products you choose to use, have access to your Personal Information (for example, your messaging content), they may use and share that information in ways that Palette cannot, and does not, control. Palette shares your Personal Information in personally identifiable form as described below.
Advertising is not permitted on the Services. However, we employ other companies to perform tasks on our behalf and help us provide certain features of our Services, and may need to share your information with those companies in order to provide our Services to you. Some examples of services for which we use agents include sending email, analyzing data, providing user services, and searching for any security vulnerabilities. These agents may use Personal Information we share with them, for example, to assist us, to provide their services to you and/or us, and to measure and improve the performance of their services. Palette has reviewed the privacy policies and practices of these agents and third party service providers in order to verify that they are capable of complying with Palette's policies and practices, including those related to the collection, use, transfer, confidentiality, security and integrity of user data. As a condition of contracting with Palette, those agents and third-party service providers committed, in writing, to providing at least equivalent privacy and security for your data as does Palette.
If Palette (or substantially all of its assets) is acquired by another company, user information may be one of the assets transferred to or acquired by that company. You acknowledge that such a transfer may occur, and that any acquirer of Palette may continue to use your Personal Information as set forth in this policy. You will be notified via email or some other means of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information (including the right to delete your information). If Palette goes out of business without a successor, Palette would delete your information.
We may release Personal Information when we believe in good faith that release is necessary to:
We also may be required to disclose an individual's Personal Information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
You will be notified when your Personal Information may be shared with agents or companies other than Palette and you will be given the option to prevent the sharing of this information unless Palette determines that not disclosing this to you prior to your information being shared is necessary to comply with applicable laws or legal processes or we are prohibited by law or legal processes from informing you in advance.
The security of Personal Information in the school environment is a top priority for Palette.
Palette has protections in place to enhance our users' security, and routinely update these protections. We have administrative, technical, and physical safeguards designed to protect against unauthorized use, disclosure of or access to Personal Information. In particular:
Palette endeavors to protect user information and to ensure that user account information is kept private; however, we cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time. If Palette knows or becomes aware of a security breach of its users' personally identifiable information, Palette will notify affected users as required by applicable laws and may post a notice on the Services as required by applicable law(s). For additional information about the security measures we use in connection with the Services, please contact us at email@example.com
You may be able to access certain third party products through Palette's Services to share content to or from another website or app. These are not Palette products; they are another company's and we do not control their privacy and security practices so only you can decide whether to connect your Palette account with another company's services.
The third party products you choose to use on Palette may need to collect and use your Personal Information in order to provide their services to you; in order to use any products or services offered by anyone other than Palette, you must review and agree to their specific terms and privacy policies.
As a Palette account holder, you have access to view and update the following information at your discretion:
This list may change as the Services change.
You also have the right to request access to the Personal Information we hold about you in order to verify the Personal Information we have collected in respect of you and to have a general account of our uses of that Personal Information. Upon receipt of your written request to our Privacy Team (contact information below), Palette will provide you with a copy of your Personal Information although in certain limited circumstances, we may not be able to make all relevant Personal Information available to you such as where that information also pertains to another individual or as otherwise required or permitted by law. In such circumstances We will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.
You can always opt not to disclose information, even though it may be needed to take advantage of certain Palette features.
You are able to add or update certain information on pages, such as those listed in the "What Information Can I Access" section above. When you update information, however, we often maintain a copy of the unrevised information in our records. Certain types of communication you send to other users cannot be removed, such as message content.
You may request deletion of your Palette account by accessing your account online or contacting us at firstname.lastname@example.org. Note, if you are a Participant or Administrator and you request to delete your account, Palette may notify the Organization of your deletion request. Please note that certain information may remain in our records, server logs and archives after deletion of your account. Palette retains this information for purposes such as diagnosing problems with the service and for auditing legal investigations, but reserves the right to delete this information in accordance with its standard business practices in effect from time to time. Further, information and other content you have provided may remain visible elsewhere to the extent such content was copied or stored by other users.
For under age users with an account that is inactive for twelve months or more (meaning the account has not received a message through the Services in that time), Palette's policy is to disable access to Personal Information associated with that account.
If your or your child's Personal Information changes, or you no longer desire to use our Services, or you would like to rescind permission for Palette to further contact your child, you may review, correct, update, delete inaccuracies, request deletion of your child's information, or amend it by logging into your account and making those changes or contacting us at email@example.com. We will respond to your request as quickly as possible.
We will retain your or your child's information for as long as your account is active or as needed to provide the Services. If you wish to cancel your or your child's account or request that we no longer use your information to provide Services, contact us at firstname.lastname@example.org. Note we will retain and use information, for example, to comply with our audit and legal obligations, to resolve disputes, and to enforce our agreements.
If the information you are requesting to delete was uploaded or otherwise provided by an Administrator of an Organization to which you belong , then you must request deletion of that information directly from the Organization. Palette may inform the Administrator(s) and/or Organization(s) you are affiliated with when you request to delete your Palette account.
If an Organization with whom you are affiliated chooses to end their use of Palette, your personal account will persist. You may delete your account by following the directions listed above.
California Residents - Exercise of Rights
If you reside in California you are entitled to exercise certain rights outlined in the California Consumer Protection Act. You may access the information we collect about you, modify it or delete it by contacting us at email@example.com. Palette will not and may not discriminate against you for exercising these rights.
If we make material changes to the types of Personal Information we collect or how we use Personal Information collected from under-13 users we will notify parents by email in order to obtain verifiable parental consent for the new uses of the child's Personal Information.
If you have any questions or concerns regarding privacy when using Palette's Services, please contact us and send us a detailed message at the contact information below. We will make every effort to resolve your concerns.
Effective date June 1, 2022