Fluidity Software, Inc.

Privacy Policy

IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE BE SURE TO READ THIS PRIVACY POLICY WITH YOUR PARENTS OR GUARDIAN AND ASK THEM QUESTIONS ABOUT WHAT YOU DON’T UNDERSTAND.

This Privacy Policy describes how Fluidity Software, Inc. and/or its subsidiaries, affiliates, or assigns (collectively “Fluidity”), as data controller, collects, uses, shares and secures the Personal Data (defined below) and other information that Users provided or is collected through their use of the FluiditySoftware.com, FluidMath.net and MathWhiteboard.com sites (each, the “Site”). The Site includes services, applications, and platforms provided by Fluidity, and may include specifically, without limitation, the FluidMath app available through Microsoft Teams®. Fluidity has a strong commitment to protecting  Users’ right to privacy and to assuring the integrity of the Site. This Privacy Policy has been developed with these goals in mind and will be continuously assessed against new technologies, business practices and Users’ changing needs. 

1. Information We Collect

Our primary goal in collecting information from Users is to provide a Site with integrity and to enable us to provide you with efficient and professional products and services.

“Personal Data” is any information relating to an identified or identifiable natural person that enables a third party to identify this person, directly or indirectly.  In general, Fluidity does not collect Personal Data about you, except when you knowingly provide such information as the result of the use of one or more of the features of the Site. Although you do not have to provide us with any Personal Data to visit the Site, you may not be able to fully utilize all of the services on the Site if you choose not to provide certain information. If you do choose to give us Personal Data through the Site, we will collect and retain that information in accordance with this Privacy Policy.

(a) User Information. To request information concerning our products and services, Users may contact us using our online request form or automated email, where they are required to provide us with User information, including Personal Data such as name, address, telephone number, email and other information.  We may also collect other types of non-personal information (information that, by itself, cannot be used to directly or indirectly identify or contact you), such as demographic information (your age, gender, income, education, profession, zip code, etc.) and information about your personal interests, which we may associate with your Personal Data.  Furthermore, to purchase our products or access the premium services available on the Site, Users must register using our online registration form, where they are required to provide us with User information, including Personal Data such as name, address, telephone, email and other information.  If you license products or purchase services from us, we’ll note the type of products or services ordered, and the date of the order. Finally, our Site may offer message boards, conversation pages, chat rooms, social community environments, profile pages, and other Public Forums (as defined in the Terms of Use governing our Sites (the “Terms of Use”)), as well as other features in which you may provide us with User Submissions (as defined in the Terms of Use). If you provide Personal Data when you use any of these features, that Personal Data may be publicly posted and otherwise disclosed without limitation as to its use by a third party. Our rules regarding User Submissions are described in the Terms of Use.

(b) Usage Information. We also automatically track certain information about Users based upon their behavior in the Site. Such information may include the URL that the User just came from, which URL the User next goes to, what browser the User is using, and the User’s IP address.  In addition, the Site may use third party analytics and bug tracking software (including, without limitation, Google Analytics) to collect further usage data regarding the online usage patterns of our Users and bugs in our products and services.

(c) Information Not Collected; Information Submitted By Children.  We will never ask you for certain personal information such as your social security number, or any health information concerning you, and such information should not be submitted to Fluidity or posted on this Site. The Site is intended for Users who are parents, educators, institutions and persons over the age of 18, and is not specifically directed to children under age 13.  No Personal Data of children should be submitted to or posted on this Site by children without the consent of their parent or guardian.  Also see Section 5 below concerning use of this Site by children. 

2. Third Party Sites

Users may be redirected from the Site to a third party site in order to access such third party’s information, or to use such third party’s online tools, including order and payment processing to complete the payment of any applicable service and license fees to Fluidity.  Users may provide that third party with Personal Data, or other information which may be requested or collected by such third party, including banking and credit card information.  Fluidity does not have access to that information, and a User’s disclosure of such information to a third party is at its own risk and subject to such third party’s privacy terms. 

Furthermore, we may also collect Personal Data about you from a third party Internet site or service. For example, if you log in to your Fluidity account through Microsoft®, Google® or another authentication tool, or if you interact with Fluidity on social media, we may collect the Personal Data you authorize that third party service to share.

3. Our Use of Information

Generally, we use information about our Users to analyze Site usage, to improve our content, products and service offerings and to customize our Site’s content, layout, and services to meet our Users’ needs. We use information to process User requests, to contact Users regarding their use of, changes to, or new products or services that we offer, and to do internal research on our Users’ demographics, interests, and behavior to better understand and serve our Users. We may use information to market our products and related services, including special offers and promotions. These marketing and promotional materials may be sent to you by postal mail, email or other means.  However, the individual or organization will always be given the opportunity to elect to “opt-out” to not to receive further marketing information from us. See Section 8 below for ways to opt-out. Finally, we may use your information to complete transactions requested by you (such as your purchase of a product or service offered on our Site), or to send you administrative communications either about your account with us or about features of our Site, including any future changes to this Privacy Policy.  Because these do not involve sending you promotional materials, your opt-out option will not apply to permitted transactional or administrative uses of your Personal Data.

4. Our Disclosure of Information

Fluidity’s policies regarding the disclosure of User information are as follows:

• We do not sell, rent or loan User information to any third party. 

• We will obtain permission before disclosing any User information for a purpose not authorized by a User or this Privacy Policy. 

• We may occasionally aggregate our User information and disclose such information to third parties in aggregate form for a number of business purposes, including running and enhancing the Site. In these situations, we do not disclose any information that could be Personal Data or used to personally identify our Users. 

• Occasionally, we may disclose User information to third parties we engage to facilitate our services. In such instances, we obligate those third parties to conform to our privacy standards. In addition, our corporate policies require that employees with access to confidential information or Personal Data about our Users may not use or disclose the information except for Fluidity’s business use.  

• Fluidity may transfer personal information subject to this Privacy Policy to a purchaser in connection with the sale of all or a portion of its business or assets.

We reserve the right to disclose or report information about our Users, including Personal Data, in limited circumstances where we believe in good faith that disclosure is required under law, to cooperate with regulators or law enforcement authorities, and to protect the rights, safety and security of Fluidity, the Site and our Users.  Furthermore, we may disclose User information, including Personal Data, to enforce our Terms of Use, or enforce contest, sweepstakes, promotions, and/or game rules that we may offer on the Site.  

5. Use of the Site by Children

PARENTS AND TEACHERS: We encourage parents, guardians and teachers to spend time with their children (age 13 and under) when their children engage in the on-line activities on this Site. We will never request Personal Data from a child in any of our public postings areas. We do not require a child to disclose more Personal Data than is reasonably necessary to participate in the on-line activity. No Personal Data of children should be submitted to or posted on this Site by children without the consent of their parent or guardian. We encourage parents to help us protect their children’s privacy by instructing them never to provide Personal Data on this Site or any other website without parental permission.

CHILDREN: Please do not give your full name, email address, home address, telephone number or any other Personal Data that would enable someone to contact you either on-line or off-line, without first asking your parent or guardian and teacher for permission.

We do not knowingly collect Personal Data from children on this Site either directly or passively except when a child may voluntarily submit such information through a “Contact Us” link on the Site or a public posting area on the Site, if such feature is available. If a child emails us via a “Contact Us” link, and we can identify the sender as a child, any Personal Data submitted will only be used to respond on a one-time basis to such child. In addition, if we have actual knowledge that a child is sending or posting Personal Data on any area of this Site, we will use commercially reasonable efforts to delete such Personal Data before it is made public. Please note that any online store for the license of Fluidity products or the purchase of premium services on the Site is intended for parents, teachers, institutions and other adult purchasers over the age of 18 and requires the submission of Personal Data to fulfill and service any transactions.

We may disclose a child’s Personal Data if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Users, or anyone else that could be harmed by such activities. We may also disclose a child’s Personal Data when we believe in good faith that the law requires it.

6. Security Measures to Safeguard Information; Compliance With Laws

The security and confidentiality of your information is extremely important to us. We have implemented specific administrative, operational and technical safeguards, security measures and practices to protect your Personal Data from unauthorized access and improper use, which security safeguards may include but are not limited to data encryption, firewalls, physical access controls to buildings and files, and employee training.  We have also implemented all state, federal, and local data security and privacy requirements applicable to Personal Data that you provided to us or is collected through the Site. We will comply with all applicable federal, state and local laws applicable to operating the Site and safeguarding your Personal Data, including without limitation, the Children’s Online Privacy Protection Act (“COPPA”), and the General Data Protection Regulation (“GDPR”), and other laws referenced in this Privacy Policy.  From time to time, we review our security procedures in order to consider appropriate new technology and methods. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable.

Fluidity will maintain the confidentiality of the Personal Data it receives in accordance with all applicable federal, state and local law; including without limitation, the NIST Cybersecurity Framework.  “NIST Cybersecurity Framework” means the U.S. Department of Commerce National Institute for Standards and Technology Framework for Improving Critical Infrastructure Cybersecurity (Version 1.1).

7.  Compliance With FERPA

The Family Educational Rights and Privacy Act (“FERPA”) is a federal law that protects the privacy of student education records. FERPA requires education institutions and agencies to obtain written permission from the parent or eligible student in order to release any information from a student’s education record. Here are some recommendations how our policies can help those institutions and agencies to meet the requirements under FERPA:

Fluidity products and services can be used by any individual and Fluidity is not notified when our products or services are used.

Student’s work is only saved on a Fluidity Site when the student (or student’s parents for age under 14) has created a Fluidity account. This work can be accessed by parents and eligible students under FERPA. If you are a parent and discover that your child has a registered Fluidity account without your consent, then you may request that Fluidity deletes that child’s saved work and account.

8.  For California Residents

The California Consumer Privacy Act (“CCPA”) provides residents of California with the right to receive certain information about the processing of their Personal Data and to exercise certain rights over their Personal Data.

Under the CCPA, residents of California are entitled to the following rights:

• The right to obtain the specific pieces of Personal Data collected about you and to receive information about the collection, use, disclosure and sale of your Personal Data.

• The right to delete Personal Data we have collected from you, subject to certain exemptions.

• The right to opt-out of the sale of your Personal Data.

• The right to not be discriminated against because of exercising these rights.

If you are a resident of California and would like to exercise the right to access or delete your Personal Data, you can email:  legal at fluiditysoftware.com.  

You may also have an authorized agent submit a CCPA request on your behalf using the methods described above. If we receive a request from an agent, we may require that that they provide proof that they have been authorized by you to submit the request.  

When we receive a CCPA request from you, we will take steps to verify your identity per this Privacy Policy.

9.  International Data Transfers.

For Users Outside the United States:  The Site is intended for visitors from all countries, given our worldwide community of Users.  By using the Site, you consent to the transfer of your Personal Data to the United States and to the processing of your Personal Data in the United States in accordance with this Privacy Policy. You understand that your Personal Data will be subject to the laws of the United States, which may be different from those of your country of residence.

For Users in the European Union:   Because the Site operates as a website that may be accessible globally, the potential recipients of your Personal Data may be located outside the country in which you are located. We may transfer your Personal Data to our affiliated entities and service providers located outside the European Economic Area, some of which may have laws on Personal Data protection that differ from those of the European Union and that do not ensure the same level of protection for Personal Data. We will ensure that your Personal Data is adequately protected when transferred. We rely on appropriate safeguards in doing so, such as execution of the Standard Contractual Clauses of the European Commission with any applicable service providers.

10.  Cookies 

We use cookies to assist us in securing your transactions and to enhance the performance of the Site. We use a common technique, HTTP-header cookies, to identify one page request from another. The cookies the Site creates do not contain any Personal Data. They merely allow us to recognize that a page request comes from someone who has already logged on. While your browser may allow you to “reject” cookies, the Site requires that you accept all cookies in order for the features and security mechanisms to function fully. Cookies are stored on a User’s hard drive, not on the Site. Cookies are “session cookies”, meaning that they are automatically deleted at the end of a session, or are automatically “timed out” after extended inactivity.  

Google Analytics: The Site uses Google Analytics, a web analytics service provided by Google, Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. We process your data on the basis of our prevailing legitimate interest to cost-efficiently generate easy to use website access statistics (Article 6(1)(f) General Data Protection Regulation). The information generated by the cookie about your use of the Site (including your IP address and the URLs of the accessed pages) will be transmitted to and stored by Google on servers in the United States. We do not store any of your Personal Data collected in connection with Google Analytics. The Site uses an IP anonymization feature provided by Google Analytics. Your IP address will therefore be truncated/anonymized by Google as soon as it receives it. On our behalf, Google will use this information for the purpose of evaluating your use of the Site, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to us. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of the Site. Furthermore, you can prevent Google’s collection and use of your data by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout. Further information concerning Google’s terms of use and privacy statement can be found at https://www.google.com/analytics/terms/gb.html.

11. Opt-Out Options

There are several methods by which you can exercise your opt-out choices to not receive marketing communications from us: (a) during the registration process on our Site; (b) after registration, by logging in to your User account on our Site, and following the opt-out directions in your account; or (c) by clicking on “unsubscribe” links in promotional emails that we may send you.

12. Changes to User Information and Transaction Information.

If you are a User and have a concern about your User information, or want to correct, update, or confirm such information, please log in to your account on the Site and view and/or change such information within your account.   

13. Username and Passwords

Your Username, together with your Password, is your private entry key into accessing the premium services on the Site.  You should never share your Username or Password with anyone, and you should change your Password periodically on the Site within your User account. If you need to recover your Password, you can use the automated Password recovery process on the Site, or contact us via email at webmaster at fluiditysoftware.com. Please include information in the email that will help us identify your account so we can assist you with your request.  We will associate that Username and Password with the User information that you provide during registration (that is, your postal address, email address, or any other information that would directly enable us to contact you) and information that we collect during your subsequent transactions such as online orders and your use of the premium services on the Site. In some cases, your account may expire or be terminated under our Terms of Use. If so, you may contact us via email at webmaster at fluiditysoftware.com to update your information and opt-out choices (to the extent that we still retain them).  

14. Deletion of User Information

In case of termination of the User’s registered Fluidity account, all Personal Data provided by the User upon registration shall be deactivated.  Any details made public by the User on our website will be:

·    (i) Anonymized, ie. it will be made clear that details were provided by a deleted user, or

·    (ii) Deleted in the event of cancellation within 1 day, and

·     (iii)  All provided User information not required for Fluidity’s performance of contractual obligations or compliance with statutory retention obligations shall be irrevocably deleted. 

If you wish to close your Fluidity account, please go to the Site and click on “Delete your account”.  Fluidity will maintain a record of deletion for 1 year after the deletion.

15.  Application of this Policy

This Privacy Policy applies only to Personal Data and other User information collected on the Site where this Privacy Policy is posted and does not apply to any other information collected by Fluidity through any other means.

16. Contact Us.

If you have any questions or concerns about this Privacy Policy, please contact us by email at legal at fluiditysoftware.com.

Fluidity Software, Inc.

289 Highland Ave., Suite 304

Somerville, MA 02144

Email: legal at fluiditysoftware.com

17.  Amendments.

We may amend this Privacy Policy at any time. If we amend this Privacy Policy to permit material changes in the way we collect, use, and/or share your Personal Data, we may notify you of such amendment by sending you an email at the last email address that you provided us, and/or by prominently posting notice of such amendment on the Site. Any such amendment will be effective thirty (30) calendar days following either our dispatch of an email notice to you or our posting of notice of the changes on the Site. Please note that, at all times, you are responsible for updating your Personal Data to provide us your current email address. In the event that the last email address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the amendment described in the notice. In any event, an amendment to this Privacy Policy may permit material changes in the way we use and share Personal Data that you provided us prior to our notification to you of such amendment. If you do not wish to allow such material changes, you must so notify us (in the manner we specify) prior to the effective date of the amendment. If you provide us this notice, we may choose to deactivate your account. Please be advised, however, that, regardless of whether you provide such notice to us, any such amendment to this Privacy Policy will apply to any Personal Information that you provide us on or after the effective date of such amendment.

18. Effective Date.   June 15, 2021 (amending August 16, 2012 version)