Changes we have made include
- Updating the “Collection of Personal Information” section to be clearer and easier to read
- Updating the “Use of Personal Information” section to be consistent for all Top Hat Users
- Updating the “Disclosure of your Personal Information” section to be clearer about when we may need to disclose Personal Information
- Updating the FERPA section to ensure students are aware of their rights under the Act
Updated 15 October 2019
Application of This Policy
What is Personal Information
Collection of Personal Information
In order to use certain features of our services You must first complete a registration process and establish an account (“Account”). During registration for Your Account You will be required to provide basic information (“Account Information”) such as:
- Your first and last name
- educational institution
- valid email address for Your educational institution, and
- establish a password
THM will retain Account Information and associate it with Your Account.
If You register via short message service (“SMS”), which is optional, Your mobile phone number will also be recorded to allow You to submit responses via SMS, for password recovery purposes, and for security and identity verification. We will not use Your mobile phone number for any other purpose.
In addition, You acknowledge that Your educational institution may use poll and survey features of the THM Services to send You SMS messages. We do not control the educational institutions’ use of these features; however, we will not use Your mobile phone contact information to contact You for any non-THM Service related purposes, and we will not share it with third parties and if You have selected at any time not to receive communications by SMS or phone we will respect that choice.
For students, our servers automatically record information about Your use of the System, such as when You log in and submit answers to questions or provide feedback to the instructor. We will associate that information with their account. The instructors may use those data for the purposes of academic evaluation and academic integrity. We store and maintain personal and associated account information in order to provide the System.
THM may conduct statistical analyses on students’ performance to study the effectiveness of the THM Services and increase in-class learning. 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.
In addition, to place an order for certain services (e.g. access to licensed content), THM will require that You (assuming age of majority) provide payment information such as credit card numbers and billing addresses and THM will also acquire Your IP address. Credit card information, including the card number, expiry date and security code, is securely collected by us and passed directly to payment processors over a secure socket layer (see the section entitled “Payment Processor” below). Credit card data is not retained by THM in any form.
Use of Your Personal Information
You acknowledge that THM may use Personal Information that You voluntarily disclose to us to:
- Allow You to purchase and download products, obtain access to the System or otherwise engage in activities You select;
- 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 THM Services, You give Your consent to receive such information);
- Provide You with special offers that may be of interest (if You have opted-in to receive such marketing and promotional materials);
- To improve Your experience on our Web sites or with our System;
- Help You quickly find software, services or product information important to You;
- Send transaction-related communications such as welcome letters, and product/service order confirmations.
- 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.
While using the THM Services, You may have opportunities to post reviews or other Personal Information in forums on the Web site at Your own discretion. Please understand that when You post such information, it is made public and is not subject to our control. You should exercise caution when deciding to disclose any Personal Information in a publicly available forum such as the Web site and agree to indemnify TMH for any damages or claims resulting from any of Your postings. TMH is not obligated to monitor postings and at its discretion remove any content submitted.
Disclosure of Your Personal Information
You agree that THM may disclose Your Personal Information in the circumstances set out below:
- If You are a student, THM may disclose Your Personal Information to administrators and instructors at Your academic institution including Your teachers and teaching assistants;
- THM may disclose Your Personal Information with Your prior consent, or the consent of Your parents if You are under 18 years old;
- THM may also disclose Account Information to the administration of any institution (at which You are a student or instructor) 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.
- THM 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;
- The requirement under the Australian Privacy Principle (APP) 8.1 to take reasonable steps to ensure that the Overseas Recipient does not breach the APPs (other than APP 1) set out in the Privacy Act 1999 (Cth) (Privacy Act) will not apply to THM; and
- If the Overseas Recipient handles the Personal Information in breach of the Privacy Act:
- THM will not be accountable under the Privacy Act; and
- You will not be able to seek redress under the Privacy Act for such breach.
However, this does not change our commitment to safeguard Your Personal Information and we take all reasonable measures and precautions to protect Your Personal Information when it is being handled by our service providers and Overseas Recipients. 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 as set forth below.
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. However, You acknowledge that information may be retained by THM 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 (see further Access to Your Personal Information).
If You opted-in to receive marketing communications but at any time You do not wish to continue receive marketing communications, You may:
- follow the “unsubscribe” instructions included within each e-mail communication
- select or deselect (depending on the service) the appropriate option in Your Account settings.
Please keep in mind that, even if You choose not to receive marketing communications, 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 THM Services or updates to the legal terms that govern Your use of the THM Services.
Retention of Personal Information
or to ensure that the information is de-identified.
Safeguards We Have in Place
THM stores and process Your Personal Information on our servers principally in Canada and the United States as well as internationally. 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.
THM employs reasonable administrative, physical, and technical measures to ensure that Your Personal Information is secure. In addition, our dedicated 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. Accordingly, we cannot guarantee the security of Your Personal Information and do not assume any liability for improper access to it. The Internet is not a secure medium and You acknowledge and agree that the privacy of Your e-mail communication and Personal Information can never be guaranteed as any e-mail communication may be lost, intercepted or altered. By using our Web sites, or providing Personal Information to us through any means, You agree that we can communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of our Web sites and our services.
Compliance with the Family Education Rights & Privacy Act (FERPA)
In the United States, the Family Educational Rights & Privacy Act, 20 U.S.C. § 1232(g), restricts the disclosure of personally identifiable information from a student’s education records, unless an exception applies. For U.S. users, THM’s data protection and privacy policies and practices comply with FERPA and other applicable federal and state education privacy laws.
THM maintains the confidentiality of FERPA-covered student data, and only uses this information to deliver and improve THM Services provided to schools and their students, as provided in THM’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 Top Hat by accessing their account information and updating their settings. Full instructions can be found here:Updating Student Account Information
In the event that any collected student Personal Information is inaccurate, Users have the ability to contact Top Hat Support via email or phone to request corrections. Prior to amending data, Top Hat 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 email@example.com.
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 by visiting:https://app.tophat.com/accounts/personal_information/. You must be signed in to access Your Account and the privacy link above.
Collection of Non-Personal Information
You acknowledge and agree that from time to time THM, its service providers and business partners may collect non-personal information from Your use of our Web site and services such as server log files, environmental variables (such as MAC address, IP addresses, computer type (Windows or Macintosh), screen resolution, OS version, Internet browser, and Internet browser version) and from scanning navigational data 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 the IP addresses or areas of site being clicked on most frequently.
You may opt out of the DoubleClick cookie by visiting the Google advertising opt-out page or You may opt out of Google Analytics by visiting theGoogle Analytics opt-out page. Google has additional information available about their Remarketing Privacy Guidelines, and Restrictions.
THM does not respond to Do Not Track signals on web browsers, as the industry has not settled on a Do Not Track Compliance standard.
151 Bloor Street West, Suite 200
Toronto, Ontario, Canada
We will endeavour to answer Your questions within a reasonable period of time and advise You of any steps taken to address the issues raised by You.
Our Web sites are connected by “hyperlinks” to other websites. You acknowledge and agree that THM makes no representation, warranty, covenant, or claim regarding, and THM expressly disclaims and denies any responsibility or liability for, directly or indirectly, the privacy practices on any third-party website or resource accessible by hyperlink from our Web sites. You agree that the inclusion of any such hyperlink does not suggest, represent, warrant, covenant or imply that THM monitors, endorses or exerts any control over such website or linked resource whatsoever. You agree that THM provides these hyperlinks to You only as a convenience, and the inclusion of any hyperlink does not suggest, represent, warrant, covenant or imply affiliation, endorsement or adoption by THM of any such website or linked resource whatsoever.
When You leave our Web sites, You acknowledge and agree that our terms and policies do not govern Your access to, and use of, other websites. You acknowledge our recommendation to review the applicable privacy and data gathering practices, of any website or linked resource to which You navigate from our Web sites.
Third Party Promotions
Top Hat may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Top Hat, found on or through the Site, 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. Top Hat 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-Top Hat advertisers on the Site.
Social Media Widgets
Your California Privacy Rights
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 firstname.lastname@example.org.
THM does not share 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 email@example.com.
United Kingdom and European Union Residents
In addition, for purposes of providing the Website and services, You acknowledge that THM may transfer Your personal data to servers located in Canada or other countries outside of the UK and the European Economic Area which provide for a different level of data protection. By using, and continuing to use the Website and services You agree to that transfer.
THM uses Stripe (https://stripe.com as payment processor for our services. You acknowledge and agree that THM may disclose Personal Information to Stripe such as Your name and email address so that Stripe may contact You directly for Personal Information such as credit card information. THM provides payment processors with the minimal set of personal and billing information required to process Your payment and minimize fraudulent payment risk.
You acknowledge and agree that THM makes no representation, warranty, covenant, or claim regarding, and THM expressly disclaims and denies any responsibility or liability for, directly or indirectly, the privacy practices in regard to any Personal Information that we disclose on Your behalf or You provide to Stripe directly or any other party in relation to purchasing a product or service from our Web sites.
You acknowledge and agree that our terms and policies do not govern any other party.
You acknowledge our recommendation to review the applicable privacy and data gathering practices, of any third party to which You provide Personal Information.
Online Privacy of Users Under 13
Parents and legal guardians of these users have the right to review or have deleted the child’s Personal Information and refuse to permit its further collection or use by emailing firstname.lastname@example.org.
THM operates the sites and services that collect Personal Information from THM users under 13 years old. THM can be contacted at:
151 Bloor Street West, Suite 200
Toronto, Ontario, Canada
If You have reason to believe that a child under 13 years old has provided THM with Personal Information, and that child’s parents or school have not provided THM with the adequate consent, please contact us at email@example.com.
Unless otherwise stated above, any services provided by THM is controlled and operated by us from Canada, and we do not intend that the THM Services subject us to the laws or jurisdiction of any state, country or territory other than that of Canada. We do not represent or warrant that the services, or any part of the THM Services, are appropriate or available for use in any particular jurisdiction. Those who choose to access the services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the THM Services’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.