Okapi Educational Publishing, Inc. Privacy Policy

Last revised December 5, 2014

This Privacy Policy relates to information collected by Okapi Educational Publishing, Inc. and/or EC Licensing Pty Ltd. (collectively, “Okapi” “we” or “us” or “our”) through your use of any Okapi applications, online services or Okapi websites, including the Strategies for Comprehension, Flying Start to Literacy,Explorations and New Heights websites, and any client software associated with either of the foregoing (collectively such services, websites and software may be referred to as the “Service”) and is a part of and is governed by the Okapi Website Terms of Use https://myokapi.com/terms-of-use

You should carefully read this Privacy Policy. By using the Service, or otherwise providing us, our Affiliates (as defined in “Affiliates” below) or our Representatives (as defined in “Sales Representatives” below) with your personal information in connection with marketing, sales and interactions regarding our products and services, you are signifying your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, you are not permitted to use the Service and should not provide us, our Affiliates or our Representatives with your personal information.

For clarification, our Representatives are independent sales representatives who may collect your information for purposes unrelated to us, which could include the sale and marketing of third party products. Therefore, except where you specifically opt out of their using your personal information for other purposes, these Representatives may use your personal information in ways not consistent with this Privacy Policy, such as marketing third party products. Please consult with your Representatives to understand their privacy practices and notify them if you do not want them to contact you or use your personal information for purposes other than the promotion and sale of Okapi products and services in accordance with this Privacy Policy.

As used in this Privacy Policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our Affiliates within the United States or internationally.

This Privacy Policy serves to notify you of the following:

 

What information about me is collected?

 

Where and when is information collected (including through the use of cookies and action tags)?

 

Does Okapi collect information from children under 13 years of age?

 

What does Okapi do with the information it collects?

 

When does Okapi disclose information to third parties?

 

Does this Privacy Policy apply when I link to other web sites or services?

 

Is the information collected through the Service secure?

 

Could my information be transferred to other countries?

 

What choices do I have regarding the collection, disclosure and distribution of personally identifiable information?

 

Can I update or correct my personally identifiable information?

 

How will I know if there are any changes to this Privacy Policy?

 

Who do I contact if I have any privacy questions?

 

WHAT INFORMATION ABOUT ME IS COLLECTED?

Depending on your use of the Service, we may collect two types of information: personally identifiable information and non-personally identifiable information.

 

Personally Identifiable Information

Personally identifiable information (PII) is information that identifies you or can be used to identify or contact you. Such information may include your name, address, email address, telephone number, and billing and credit card information.

 

Non-Personally Identifiable Information

Non-personally identifiable information is information any single of item of which, by itself, cannot be used to identify or contact you, such as demographic information (like age, profession, gender, current location, zip code, birth date, or year of birth), IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the Service. Certain non-personally identifiable information may be considered a part of your personally identifiable information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered non-personally identifiable information when they are taken alone or combined only with other non-personally identifiable information (for example, your viewing preferences).

WHERE AND WHEN IS INFORMATION COLLECTED (INCLUDING THROUGH THE USE OF COOKIES AND ACTION TAGS)?

We will collect personally identifiable information from you only if you voluntarily submit the information to us, our Affiliates or our Representatives. We may also receive personally identifiable information about you from third parties providing credit and debit card authorization and fraud screening services as part of your use of the Service.

 

Registering to Use the Service and in the Course of Using the Service.

You may be required to establish an account in order to take advantage of certain features of the Service. If so, if you wish to establish an account you will be required to provide us with information (including personally identifiable information and non-personally identifiable information) such as name, postal address, email address, birth date and credit card and billing information. We may also receive personally identifiable information about you from third parties providing credit and debit card authorization and fraud screening services as part of the registration process. In addition, we may obtain your personally identifiable information from you if you identify yourself to us by sending us an email with questions or comments or otherwise share such information. Also, we will have access to any personally identifiable information that you choose to share through the Service.

 

Cookies and Action Tags.

We may collect non-personally identifiable information passively using “cookies” and “action tags.”

“Cookies” are small text files that are placed on your computer or mobile device in order to identify your Web browser and the activities of your computer on the Service and other websites. Cookies are used to personalize your experience on the Service (such as dynamically generating content on webpages specifically designed for you), to assist you in using the Service (such as saving time by not having to reenter your name each time you use the Service), and to allow us to statistically monitor how you are using the Service to help us improve our offerings. We also may use cookies to target certain advertisements to your browser which may be of interest to you or to determine the popularity of certain content.

In addition to cookies that we place on your computer or mobile device, cookies may also be placed on your computer or mobile device by third parties that we use to display or serve advertisements or to collect non-personally identifiable information in order to provide advertising-related services. In the course of serving advertisements, our third-party advertisers may place or recognize unique cookies on your browser.

You do not have to accept cookies to use the Service. Although most browsers are initially set to accept cookies, you may reset your browser to notify you when you receive a cookie or to reject cookies generally. Most browsers offer instructions on how to do so in the “Help” section of the toolbar. However, if you reject cookies, certain features or resources of the Service may not work properly and you may experience some loss of convenience.

“Action tags,” also known as web beacons or gif tags, are a web technology used to help track website usage information, such as how many times a specific page has been viewed. Action tags are invisible to you, and any portion of the Service, including advertisements, or email sent on our behalf, may contain action tags.

By using cookies and action tags together, we are able to gain valuable information to improve the Service and measure the effectiveness of our advertising and marketing campaigns.

Finally, you should be aware that advertisers and other third parties may also use their own cookies or action tags when you click on their advertisement or link to their websites or services on or from the Service. This Privacy Policy does not govern the use by such third-party websites or services or providers of third-party advertising.

Log Files.

We also collect non-personally identifiable information through our Internet log files, which record data such as user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the Service. This information may be used to analyze trends, to administer the Service, to monitor the use of the Service, and to gather general demographic information. We may link this information to personally identifiable information for these and other purposes such as personalizing your experience on the Service and evaluating the Service in general.

 

DOES OKAPI COLLECT INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE?

We are committed to protecting the privacy of children. The Service is not designed for or directed to children under the age of 13. We do not collect personally identifiable information from any person we actually know is under the age of 13. Indeed, pursuant to our Terms of Service we currently do not allow persons under 21 to establish an account or use the Service.

 

WHAT DOES OKAPI DO WITH THE INFORMATION IT COLLECTS?

 

In general, we use the information collected to provide the Service to you and process your transactions, to help us understand who uses the Service, for internal purposes such as operating and improving the Service, to contact you for customer service and billing purposes, to facilitate the delivery of advertising, and to enable us and third parties to contact you about products and services that may be of interest to you.

We may use your information to send you a welcoming email that may confirm your user name and password. If you “opt-in,” we and third parties may send you electronic newsletters, contact you about the Service, products, services, information and news that may be of interest to you, and provide you with targeted feedback. If you no longer desire to receive these communications, we will provide you with the option to change your preferences. In addition, if you identify yourself to us by sending us an email with questions or comments, we may use your information (including personally identifiable information) to respond to your questions or comments, and we may file your questions or comments for future reference. We may also use the information collected to send you important service announcements and updates regarding the Service or, if applicable, about your billing account status. You will not be able to unsubscribe from these service announcements and updates as they contain important information relevant to your use of the Service.

We may also use the information gathered to perform statistical analysis of user behavior or to evaluate and improve the Service. We may link some of this information to personally identifiable information for internal purposes or to improve your experience with the Service.

 

WHEN DOES OKAPI DISCLOSE INFORMATION TO THIRD PARTIES?

Except as set forth in this Privacy Policy or as specifically authorized by you, we will not disclose any information we gather from you through the Service.

Laws and Legal Rights.

We may disclose your information (including personally identifiable information) if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, or other valid legal process. We may disclose personally identifiable information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the Okapi Website Terms of Use to detect fraud, for assistance with delinquent accounts, or to protect the safety and/or security of our users, the Service or the general public.

Third Parties Generally.

We may provide to third parties non-personally identifiable information, including where such information is combined with similar information of other users of the Service. For example, we might inform third parties regarding the number of unique users who use the Service, the demographic breakdown of our users of the Service, or the products and/or services purchased using the Service and the vendors of such products and services. We may also provide to third parties personally identifiable information. For example, we might share our users’ responses to questionnaires and e-mail addresses with third parties in order for third parties to contact users about products and services that may be of interest. In addition to the above, when users use our Service, third parties may directly collect personally identifiable and non-personally identifiable information about our users’ online activities over time and across different websites.   The third parties to which we may provide, and who may directly collect, personally identifiable and non-personally identifiable information may include potential or actual advertisers, providers of advertising products or services (including vendors and website tracking services), merchants, Affiliates, Representatives and other actual or potential commercial partners, sponsors, licensees, researchers and other similar parties.

 

Outside Contractors.

We may employ independent contractors, vendors and suppliers (collectively, “Outside Contractors”) to provide specific services and products related to the Service, such as hosting and maintaining the Service, providing credit card processing and fraud screening, and developing applications for the Service. In the course of providing products or services to us, these Outside Contractors may sometimes have limited access to information collected on the Service, including your personally identifiable information. We require that these contractors (1) protect the privacy of your personally identifiable information consistent with this Privacy Policy, and (2) not use or disclose your personally identifiable information for any purpose other than providing us with the products or services for which we contracted.

Sales Representatives.

We use independent sales representatives (“Representatives”) to market our products and interact with our customers and prospective customers. In the course of performing this role, our Representatives may have collected, or we may otherwise allow them access to, your personally identifiable information. We require that these Representatives (1) protect the privacy of your personally identifiable information consistent with this Privacy Policy, and (2) allow you to opt out of the use of your personally identifiable information (i) for purposes unrelated to the promotion and sale of Okapi products and services (including to market third party products or services) or (ii) in any way contrary to the terms of the Okapi Privacy Policy..

(In other words, as noted in the introduction, our Representatives are independent of us and, unless you notify them that you opt out, may use your information to market and sell third party products or in other ways not consistent with this Privacy Policy. Consult with your Representatives to understand their privacy practices and to notify them if you do not want them to use your personal information for purposes other than the promotion and sale of Okapi products and services in accordance with this Privacy Policy).

 

Sale of Business.

We reserve the right to transfer information to a third party in the event of a sale, merger or other transfer of all or substantially all of the assets of Okapi, or that portion of Okapi to which the Service relates, or in the event that we discontinue our business or file a petition or have filed against us a petition in bankruptcy, reorganization or similar proceeding, provided that the third party agrees to adhere to the terms of this Privacy Policy.

 

Affiliates.

We may disclose information (including personally identifiable information) about you to our corporate Affiliates. For purposes of this Privacy Policy, “Affiliate” means any person or entity which directly or indirectly controls, is controlled by or is under common control with Okapi, whether by ownership or otherwise. Any information relating to you that we provide to our Affiliates will be treated by those Affiliates in accordance with the terms of this Privacy Policy.

 

Public Areas.

If at any time the Service features community areas or other public forums (the “Public Areas”) where members with similar interests can share information and support one another or where members can post questions for others to answer, such Public Areas should not be considered private and we would be unable to prevent your information posted to these areas from being used in a manner that might violate this Privacy Policy, the law, or your personal privacy. We therefore advise visitors not to disclose within these public areas phone numbers, email addresses, street addresses or instant messenger addresses that they do not wish to make publicly available. Okapi is not responsible for the results of such postings or for the accuracy of any information contained in those postings.

If you mistakenly post personal information in a Public Area you can send us an email to request that we remove it by contacting us at privacy@myokapi.com. You should understand that in some cases, we may not be able to remove your personal information.

DOES THIS PRIVACY POLICY APPLY WHEN I LINK TO OTHER WEBSITES OR SERVICES?

By its very nature, our Service provides you with access to other websites and services. This may include providing you with the ability to automatically post updates on Facebook and Twitter. Please be aware that we are not responsible for the privacy practices of any websites or services other than the Service. We encourage you to read the privacy policies or statements of each and every such website and service. This Privacy Policy applies solely to information collected through the Service.

IS THE INFORMATION COLLECTED THROUGH THE SERVICE SECURE?

We want your information (including personally identifiable information) to remain secure. We strive to provide transmission of your information from your computer or mobile device to our servers through techniques that are consistent with industry standards and to employ administrative, physical, and electronic measures designed to protect your information from unauthorized access, maintain data security and correctly use your information.

Notwithstanding the above, you should be aware that there is always some risk involved in transmitting information over the Internet. Neither people nor security systems, including encryption systems, are foolproof. In addition, people can commit intentional crimes, make mistakes or fail to follow policies.  There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security or privacy of any information you transmit to us, and you do so at your own risk. If applicable law imposes any non-disclaimable duty to protect your PII, you agree that intentional misconduct will be the standards used to measure our compliance with that duty.

COULD MY INFORMATION BE TRANSFERRED TO OTHER COUNTRIES?

Since Okapi is part of an international corporation headquartered in Australia, personally-identifiable information collected on the Service may be transferred from time to time to our offices or personnel, or to third parties such as our Outside Contractors and Representatives, located throughout the world, and the Service may be viewed and hosted anywhere in the world, including countries that may not have laws of general applicability regulating the use and transfer of such data. By using the Service and submitting such information on it, you voluntarily consent to the trans-border transfer and hosting of such information. If you are a user accessing the Service from a jurisdiction with laws or regulations governing personal data collection, use, and disclosure that differ from those of the United States, please be advised that all aspects of the Service are governed by the internal laws of the United States and the State of California, USA, regardless of your location.

WHAT CHOICES DO I HAVE REGARDING THE COLLECTION, DISCLOSURE AND DISTRIBUTION OF PERSONALLY IDENTIFIABLE INFORMATION?

Except as otherwise described in this Privacy Policy, we will only use personally identifiable information for the purposes described above or as otherwise disclosed at the time we request such information from you. You must “opt-in” and give us permission to use your personally identifiable information for any other purpose. You may also change your preference and “opt-out” of receiving certain marketing communications by changing that option in the My Profile feature of the Service, following the directions provided in association with the communication, or by contacting info@myokapi.com (Attn: Jeff Olson), with a copy to info@ecpublishing.com.au (Attn: Jeff Olson.

DO NOT TRACK

The term “Do Not Track” refers to a HTTP header offered by certain web browsers to request that websites refrain from tracking the user. We take no action in response to Do Not Track requests.

CAN I UPDATE OR CORRECT MY PERSONALLY IDENTIFIABLE INFORMATION?

You have the right to request the restriction of certain uses and disclosures of personally identifiable information as follows. You can contact us in order to (1) update or correct your personally identifiable information, (2) change your preferences with respect to communications and other information you receive from us, or (3) delete the personally identifiable information maintained about you on our systems (subject to the following paragraph), by accessing My Profile or contacting info@myokapi.com (Attn: Jeff Olson), with a copy to info@ecpublishing.com.au (Attn: Jeff Olson. Such updates, corrections, changes and deletions will not have no effect on other information that we maintain, or information that we have provided to third-parties in accordance with this Privacy Policy prior to such update, correction, change or deletion. To protect your privacy and security, we may take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.

You should be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our system. The need to back up our systems to protect information from inadvertent loss means that a copy of your personally identifiable information may exist in a non-erasable form that will be difficult or impossible for us to locate. We promise that promptly after receiving your request, all personally identifiable information stored in databases we actively use and other readily searchable media will be updated, corrected, changed or deleted, as appropriate, as soon as and to the extent reasonably practicable.

 

HOW WILL I KNOW IF THERE ARE ANY CHANGES TO THIS PRIVACY POLICY?

You should be aware that we may revise this Privacy Policy at any time. However, we will not make changes that result in significant additional uses or disclosures of your personally identifiable information without allowing you to “Opt In” to such changes. We may also make non-significant changes to this Privacy Policy that generally will not significantly affect our use of your personally identifiable information. We encourage you to check this page periodically for any changes. Your continued use of the Service following the posting of non-significant changes to this Privacy Policy will mean you accept those changes.

 

WHO DO I CONTACT IF I HAVE ANY PRIVACY QUESTIONS?

If you have any questions or comments about this Privacy Policy or feel that we are not abiding by the terms of this Privacy Policy, please contact our Privacy Agent in any of the following ways:

By email: info@myokapi.com (Attn: Jeff Olson), with a copy to info@ecpublishing.com.au (Attn: Jeff Olson).

By postal mail or courier:

Attn: Jeff Olson (Privacy Agent)

Okapi Educational Publishing, Inc.

42381 Rio Nedo, Temecula, CA 92590.

WHAT OPTIONS ARE AVAILABLE TO ME IF I HAVE A COMPLAINT OR DISPUTE REGARDING OKAPI’S USE OR DISCLOSURE OF MY PERSONALLY IDENTIFIABLE INFORMATION?

If you believe we have used or disclosed your personally identifiable information in violation of this Privacy Policy, you may contact our Privacy Agent as described above. If you feel that your complaint has not been satisfactorily addressed, you may contact Mark Tarallo at mtarallo@mbbp.com If after 30 days you still believe your complaint has not been satisfactorily resolved, then, notwithstanding anything to the contrary in the Okapi Website Terms of Use, you may require that the matter be settled by binding arbitration by giving written notice of arbitration to Okapi at the address above. Arbitration will take place in Riverside County, California, USA (or other location agreed to by Okapi), under the applicable rules and auspices of the American Arbitration Association. The parties will share the costs of the arbitration, though each will bear its own costs. The arbitrator will have no authority to award punitive damages. Notwithstanding the foregoing, you will be entitled to obtain injunctive or provisional relief to compel arbitration, enforce an arbitration award, and prevent disclosure of your personally identifiable information. In addition the Federal Trade Commission (FTC) of the United States has jurisdiction to hear any claims against Okapi regarding possible unfair or deceptive trade practices and violations of laws or regulations governing privacy.

BY USING THE SERVICE OR SUBMITTING PERSONAL INFORMATION TO US, OUR AFFILIATES OR OUR REPRESENTATIVES, YOU SIGNIFY YOUR ACCEPTANCE OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU SHOULD NOT USE THE SERVICE OR SUBMIT SUCH INFORMATION.

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