This Privacy Statement is incorporated in, and subject to, the Terms of Use and Service for The Today Foundation (“Today Foundation”). Please refer to those terms for definitions of words with initial capitals letters that are not otherwise defined in this Privacy Statement. Today Foundation encourages you to read this Privacy Statement carefully.

For purposes of this Privacy Statement, references to “You” or “Your” mean (i) you in your individual capacity, (ii) your company, which may be a school or school district, and (iii) students, employees, representatives and agents of Your school or school district that are registered with Today Foundation and that have a valid security identification and password to access and use the Resources (collectively the “Authorized Users”).

What Personally Identifiable Information Is Collected by Today Foundation?

“Personally Identifiable Information” generally refers to any data that could potentially identify a specific individual. While You have access to the Resources, Today Foundation may collect the following Personally Identifiable Information about You:

• Your first and last name 
• Teachers and administrators only – Your contact information, such as email addresses, mailing addresses, and phone numbers
• Your school and school district
• Any identification numbers issued by Your school and/or Your school district to You, including teacher numbers, administrator numbers, and student numbers;
• Security information, such as usernames, passwords, and password hints;
• Browser information, such as browser version, IP address, and the presence of various plug-ins and tools;
• Students only – “Demographic Data,” such as gender, race, special-education status, socio-economic status, and English language learner status, but only to the extent provided by Your school or Your school district;
• Resource-related responses submitted by You, including, but not limited to responses to interactive activities and assessments;
• Resource use behavior, such as pages visited, downloads, or searches requested; and
• Resource use results, but only to the extent that such results identify one or more (i) students, (ii) teachers, (iii) classrooms within an identified school, (iv) grades within an identified school or school district or (v) schools (collectively “Identifiable Use Results”). Identifiable Use Results do not include Resource use results for school districts or for geographic regions that do not identify a specific school (such as Resource use results reported (i) on a county-wide basis, (ii) within a defined territory [whether officially or unofficially defined], such as North Texas, or (iii) within a metropolitan area, such as Dallas-Fort Worth).

Personally Identifiable Information does not include “De-identified Information,” which is any data or information that cannot be traced back to an individual (except for Identifiable Use Results, as defined above). For example, a table listing the number of students in each grade at a specific school using a particular Resource would not be Personally Identifiable Information.

How Is Personally Identifiable Information Used and/or Disclosed?

Today Foundation does not sell Personally Identifiable Information to any affiliated entity of Today Foundation or any third-party, nor does it use such information for any sort of behavioral advertising. However, Today Foundation may use and disclose Personally Identifiable Information for a range of educational, compliance and quality assurance purposes.

Today Foundation may use Personally Identifiable Information for the following purposes:

• To provide status reporting notices to teachers and administrators about the Resources (e.g. – an email prompting a teacher to log in to see his or her students’ latest assessment results);
• To internally analyze data regarding the use of the Resources;
• To track students’ usage of the Resources over time, including performance metrics collected over multiple school years;
• To send You (teachers and administrators only) updates, promotional/advertising materials, and newsletters related to the Resources and Today Foundation’s products and services or to otherwise market specific Today Foundation services or offers to You. If You want to stop receiving promotional/advertising/ marketing materials from Today Foundation, You will have the option to unsubscribe;
• To respond to Your questions or comments; and
• To customize content within the Resources, to improve the Resources’ content and functionality and to develop new products and updates.

Today Foundation may disclose Personally Identifiable Information to the following individuals or entities under the following circumstances:

• To Today Foundation’s employees who need to access the Personally Identifiable Information to perform their jobs;
• To third parties, including contractors, vendors, and service providers, that assist with the production, implementation or servicing of the Resources, but only after receiving satisfactory assurances from each third-party that its data privacy and security protections are at least as stringent as those of Today Foundation;
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• To Authorized Users as determined by each school or school district at issue. Generally, but subject to determination by the school at issue or the school district at issue,
• a teacher may only see the Personally Identifiable Information of the students in the teacher’s classroom,
• • a principal may only see the Personally Identifiable Information of those students and teachers in the principal’s school, and
  • a school district-level administrator may only see the Personally Identifiable Information of those students and teachers in the administrator’s school district;
• To third parties, and solely for educational purposes, when Today Foundation has the consent of the school or school district at issue, including Identifiable Use Results that identify specific individual students if Today Foundation has received a written acknowledgment from the school or school district that it has obtained the student’s consent to such disclosure;
• When Today Foundation believes that sharing Personally Identifiable Information is reasonably necessary in order to (i) protect or defend the legal rights, interests, property, safety, or security of Today Foundation, its employees or contractors, or the public, (ii) protect or defend against, or otherwise address, fraud, security, or technical issues, (iii) comply with, or respond to a law, regulation, legal request, legal process, legal requirement, a judicial proceeding, or court order, or (iv) investigate a possible crime, such as fraud or identity theft;
• In connection with an actual or potential sale, purchase, acquisition, merger, reorganization, bankruptcy, liquidation, dissolution, or similar transaction or proceeding of or involving Today Foundation, but only to the extent that the purchasing, acquiring or successor entity agrees to implement data privacy and security protections with respect to Personally Identifiable Information that are at least as stringent as those of Today Foundation.

Today Foundation is permitted to use and/or disclose Personally Identifiable Information about You when Today Foundation has Your consent. Today Foundation does not need Your consent to use De-identified Information.

Can I Access or Change My Personally Identifiable Information?

Each school and/or school district is permitted via functionality made available by the Resources to determine what Personally Identifiable Information (if any) is accessible by Authorized Users and to which Authorized Users in particular. In certain circumstances, a school and/or school district may be entitled to permit one or more Authorized Users to change Personally Identifiable Information. Any requests by Students or parents to access and/or change Personally Identifiable Information must be made to the school and/or school district in the first instance, and these entities will maintain a record of all such access and amendment requests and of any actual changes made. To the extent that a student and/or parent makes a direct request to Today Foundation to access and/or amend Personally Identifiable Information, Today Foundation will forward that request to the school and/or school district for a response.

Data Retention

Unless required by law to maintain certain information for a longer period of time, Today Foundation retains Personally Identifiable Information only for as long as a student’s school and/or school district maintains a subscription with Today Foundation to one or more of the Resources. Once a subscription to a particular Resource is canceled or otherwise terminated, Today Foundation will typically retain any Personally Identifiable Information related to that Resource for sixty days after cancellation/termination to allow for temporary lapses in subscription services, at which point that information is destroyed. Personally Identifiable Information may also be destroyed at any time at the request of the school and/or school district.

Website and Resource Security

Today Foundation recognizes its responsibility to protect the Personally Identifiable Information that You entrust to it. Today Foundation uses a variety of secure techniques to protect Your information, including secure servers, firewalls, access limitations on Today Foundation’s servers and password protections that guard against unauthorized access. Additionally, the information that You send Today Foundation via the Website, including student usage information and passwords, maybe encrypted, a process used to scramble information and make it extremely difficult to read if wrongly intercepted. Today Foundation utilizes industry-standard Secure Sockets Layer (SSL) technology to allow for the encryption of Personally Identifiable Information. All Personally Identifiable Information sent to Today Foundation is encrypted during transmission, such as during login. Once the data reaches Today Foundation’s server, Personally Identifiable Information is stored on a secure database, and access to this information is password protected.

Use of “Cookies”

“Cookies” are small pieces of information that some websites store on Your computer’s hard drive when You visit them. This element of data is a piece of text, not a program, that contains information identifying a user. When a user revisits a Website, his or her computer automatically “serves up” the cookie, eliminating the need for the customer to reenter the information. Like many other websites, Today Foundation uses cookies for this purpose. Your user “domain” (that is, Your school name) is the only data stored on Your hard drive by Today Foundation.

Most web browsers automatically accept cookies but allow You to modify security settings so You can approve or reject cookies on a case-by-case basis. At a minimum, Your web browser must allow temporary cookies that are not stored on Your hard disk to log into the Website. Please refer to the “Help” file of Your Internet Browser either to learn how to receive a warning before a cookie is stored.

Third-Party Sites

The Website may contain links to or reference third-party websites and resources (collectively “Third Party Sites”). These Third Party Sites are not controlled by Today Foundation and, therefore, are not subject to this Privacy Statement. You should check the privacy policies of these individual Third Party Sites to see how Your personally identifiable information will be utilized by them before providing any personally identifiable information. Please be aware that these Third Party Sites may collect personally identifiable information about You and may also send you “cookies.” Today Foundation is not responsible for the content or practices of any linked Third Party Sites, and Today Foundation provides these links solely for the convenience and information of Today Foundation’s visitors.

Can Today Foundation change this Privacy Statement?

Today Foundation may change this Privacy Statement at any time without advance notice. However, if the Privacy Statement changes, Today Foundation will post an updated version on the Website, and the revision date will be posted at the bottom of the page. If this occurs, You will be required to the re-acknowledge the review of the revised Privacy Statement before you can continue using the Resources.

Who can I contact if I have questions about this Privacy Statement?

If You have any questions about this Privacy Statement or any privacy questions or concerns, You may contact Today Foundation using the information below:

Email address: [email protected]

Street/Postal address:

8150 North Central Expressway

Suite 1900 – South Tower

Dallas, TX 75206

Phone: (214) 469-2834

Effective Date: March 1, 2020