APPLICATE® PRIVACY POLICY

This Privacy Policy applies to all individuals (“Members”) who access our website and Applicate software (“Website”) as well as our newsletters, social media sites, website, or programs and other communication services provided on or through the Internet (“Services”). By using our Website, you consent to our collection and use of your information as described in this Privacy Policy.

We may update this Privacy Policy from time to time. The effective date of the current Privacy Policy is noted at the top of this page. If we make any material changes to the way we collect, use, share or process the information that you have provided, we will notify you by posting a notice of the changes in a clear and conspicuous manner on our website or via email. To the extent required by applicable data protection laws, we will obtain your consent to any material Privacy Policy changes.

If you have any concerns or questions about your privacy or use of our website, please contact us at info@applicatenow.com.

1. Information We May Collect

Throughout this policy, we use the term "personal information" to describe information that identifies you or makes you identifiable. Information that has been anonymized so that it does not identify a specific individual is not “personal information.”

Information You Voluntarily Provide to Us
When you sign up for and use the Services, send us an email, consult with our customer service team, post on our blog, or communicate with us in any way, you are voluntarily giving us information that we collect. That information may include your name, physical address, email address, IP address, phone number, and payment and billing information. By giving us this information, you consent to this information being collected, used, disclosed, transferred to the United States and stored by us, as described in our Terms and Conditions and in this Privacy Policy.

Information You Enter On the Platform
When you add information on the platform we have and may access the data in your account in order to provide you with customer support. This information includes parent and student information, notes, emails, and any other information you may save within your account. We understand that the data you send to us is confidential and treat it as such. Access is restricted to authorized Applicate staff members or authorized representatives [AL1] to provide support and develop our Services.

Information We Collect Automatically
When you use our Services or browse our Website, we may collect information about your visit to our Website, your usage of the Services, and your web browsing. That information may include your IP address, your operating system, your browser ID, your browsing activity, and other information about how you interacted with our Websites. We may collect this information as a part of log files as well as through the use of cookies or other tracking technologies. Our use of cookies is discussed more below.

Information From Your Use of the Service
We may receive information about how and when you use the Services, store it in log files or other types of files associated with your account, and link it to other information we collect about you. This information may include, for example, your IP address, time, date, browser used, and actions you have taken within the application. This type of information helps us to improve our Services and provide you with customer support.

Cookies and Tracking
A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a web site’s computers and stored on your computer’s hard drive.

We and our partners may use various technologies to collect and store information when you use our Services, and this may include using cookies and similar tracking technologies on our Website, such as pixels and web beacons, to store your preferences, keep you logged in, analyze trends, administer the system, track users’ movements around the system, and gather demographic information about our user base as a whole. We partner with third parties to provide additional services through Applicate. These third-party partners may use cookies in order to deliver their services to you.

You may elect to remove or block cookies within your web browser, however this may affect your ability to use all features of the System and services of our third-party partners.

How and Why We Use Your Information
We use your personal information to respond to your request and/or provide the particular service you have sought. We may also use your personal information to actively monitor, investigate, prevent and mitigate any alleged or actual prohibited, illicit or illegal activities on our Services; investigate, prevent, or mitigate violations of our terms, agreements or policies; and enforce our agreements with third parties and partners. We cannot perform our Services in accordance with our terms, agreements or policies without processing your personal information for such purposes.

We are committed to ensuring your safety and continued enjoyment of our Services. To do so, we use your personal information to combat spam, malware, malicious activities or security risks and to improve and enforce our security measures. We cannot ensure the security of our Services if we do not process your personal information for security purposes.

We may use and disclose personal information only for the following purposes:

  • To improve our Services. We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous end-user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of applicatenow.com or the Services and to create new features, promotions, functionality, and Services by storing, tracking, and analyzing our users’ preferences and trends.

  • To promote use of our Services to you and others. For example, if we collect your Personal Information when you visit our Website and do not sign up for our Services, we may send you an email inviting you to sign up. If you use any of our Services and we think you might benefit from using another Service we offer, we may send you an email about that. You can stop receiving our promotional emails by using the unsubscribe link at the bottom of every email we send. In addition, we may use information we collect in order to advertise our Services to you.

  • To send you informational and promotional content in accordance with your marketing preferences. You can stop receiving our promotional emails by following the unsubscribe instructions included in every email.

  • To send you System Alert messages. For example, we may inform you of temporary or permanent changes to our Services, such as planned outages, new features, version updates, releases, abuse warnings, and changes to our Privacy Policy.

  • To communicate with our Members about their account and provide customer support.

  • To enforce compliance with our Terms of Use and applicable law. This may include developing tools and algorithms that help us prevent violations.

  • To protect the rights and safety of our Members and third parties, as well as our own.

  • To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.

  • To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements.

  • To prosecute and defend a court, arbitration, or similar legal proceeding.

  • To respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.

  • To provide suggestions to you. This includes using tracking technology to identify features within the Service you are not utilizing and educating you on the benefits of the underutilized feature.

  • To transfer your information in the case of a sale, merger, consolidation, liquidation, reorganization, or acquisition. In that event, any acquirer will be subject to our obligations under this Privacy Policy, including your rights to access and choice. We will notify you of the change either by sending you an email or posting a notice on our Website.

Consent
When you provide us with personal information to complete a transaction, verify your credit card, sign up for a program, or any other service, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will ask you directly for your expressed consent.

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, by contacting us at info@applicatenow.com.

2. Information Sharing

We do not sell, exchange, transfer, or give your information to any other company or individual for any reason except as set forth below:

Our Service Providers. With your consent only, we share information with our service providers, suppliers, subcontractors, and similar third parties who provide services to us, or act on our behalf so that they can assist us with the maintenance of our Services. Our contracts with these service providers prohibit them from using or sharing with others, for other purposes than as directed by us, the information that we provide to them, or that they collect directly from our users.

Reorganization. We may transfer information to a third party in case of the reorganization, sale, merger, joint venture, assignment, transfer or other disposition of all or any portion of our business, asset or stocks, including in the event of corporate restructuring. We reserve the right, as part of this transaction, to transfer or assign information we have collected from users of the Services to these third parties. Except as otherwise provided by a bankruptcy or other court, the use and disclosure of all transferred user information will be subject to policies that are consistent with the policies described in this Privacy Policy. However, any information that a user submits or that is collected after that transfer may be subject to a new privacy policy adopted by the successor entity.

Law Enforcement Requests. We may use, share, or disclose information about users in order to address legal concerns or liabilities, especially when we believe, in our sole discretion, that (a) a user has misused the Service such as to gain unauthorized access to any system, engaged in spamming, denial of service attacks, or similar attack; (b) disclosure is reasonably necessary to enforce our Terms and Conditions to respond to suspected illegal or fraudulent activity; to protect legal rights or defend against legal claims; to allow us to pursue available remedies or limit the damages that we may sustain.

Your Consent. We will disclose your information to a person or entity you have given us your consent to disclose to.

3. How We Keep Your Information Secure

We use reasonable measures to protect user information against unauthorized or unlawful access or processing, and against accidental loss, destruction, or damage. Even though we make reasonable efforts to protect information in our custody, no data storage or transmission over the Internet and no security system is fully secure. Thus, we cannot guarantee the security of any information we may have collected or received from you or transmitted to you.

Notice of Breach of Security
If a security breach causes an unauthorized intrusion into our system that materially affects you or your Students and Parents, then Applicate will notify you as soon as possible and later report the action we took in response.

Safeguarding Your Information
We take reasonable and appropriate measures to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Information.

Applicate accounts require a username and password to log in. You must keep your username and password secure, and never disclose it to a third party. Because the information in your account is so sensitive, account passwords are encrypted, which means we cannot see your passwords. We cannot resend forgotten passwords. We will only reset them.

Our credit card processing vendor uses security measures to protect your information both during the transaction and after it is complete. Our vendor is certified as compliant with card association security initiatives, including the Visa Cardholder Information Security and Compliance (CISP), MasterCard® (SDP), and Discovery Information Security and Compliance (DISC). We also perform annual SOC II audits. If you have any questions about the security of your Personal Information, you may contact us at info@applicatenow.com.

4. Public Information and Third-Party Websites

Our Service may include links to third party services where you might be able to post comments, reviews, or view third party information. The use of these third party services may result in the collection and sharing of information about you by these third party services.

This Privacy Policy does not address the information practices of any third party. The inclusion of a link on our Site or on our Service to a third party’s service does not imply endorsement of the third party’s data handling practices, and does not imply that the third party’s practices are covered by this Privacy Policy. We are not responsible for the privacy practices of these entities.

Social media platforms. We maintain presences on social media platforms including Facebook, Twitter, and Instagram. Any information, communications, or materials you submit to us via a social media platform is done at your own risk without any expectation of privacy. We cannot control the actions of other users of these platforms or the actions of the platforms themselves. Your interactions with those features and platforms are governed by the privacy policies of the companies that provide them.

We have a public blog on our Website. Any information you include in a comment on our blog may be read, collected, and used by anyone. If your Personal Information appears on our blogs and you want it removed, contact us at info@applicatenow.com. If we are unable to remove your information, we will tell you why.

Links to third-party websites. Our Websites include links to other websites, whose privacy practices may be different from ours. If you submit Personal Information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any Website you visit.

5. Data Retention

We retain information about users for as long as you have active subscriptions with Applicate, or for as long as necessary to perform the activities described in this Privacy Policy, or where we have an ongoing legitimate business need to do so, such as for legal, regulatory, accounting or reporting requirements.

When our legitimate interest in retaining your personal information ceases to exist, we will delete your information. To the extent residual information remains within our databases, back-ups or other records and we are unable to anonymize it we will isolate such information from further processing until deletion is possible. Applicate reserves the right to anonymize and aggregate data for its use in data analysis, trending, comparisons, benchmarking, and marketing.

After termination of a subscription, Applicate will retain your personal information data for a limited time period of 12 months from the end of your program [FS2] [AL3] for your convenience in the event you decide to resume services with Applicate. Once you complete the program and Services are no longer needed, your data [FS4] will be retained for one year unless explicitly requested for early deletion.

At the end of the data retention period, we securely delete and destroy personal information of Members. Members may request the immediate deletion of data by contacting Applicate at info@applicatenow.com.

6. Children’s Information and Privacy

The Applicatenow.com Website and the Services offerings are not intended for children under 13 years of age, and Applicate does not knowingly collect personal information directly from children under the age of 13. This includes browsing the Applicate website, creating accounts, or using the Services. If Applicate learns that it has received any personal information from an individual using our Services or a visitor to Applicate.com who is under the age of 13, then Applicate will take appropriate action to delete that information as soon as possible from our database.

Company does not use the personal information collected from students or Members to engage in targeted advertising, commercial profiling, or the selling of student or Member data. Company does not track the location, geographical position, or GPS coordinates of any student or Member through online means or otherwise.