FLEX College Prep® Privacy Policy
Effective Date: April 19, 2023
FLEX College Prep operates the https://FLEXcollegeprep.com/ website, which helps students use their pre-college years in intentional, enriching, and personally satisfying ways. Partnering with families, we help students find happiness, meaning, and success in college and beyond. We respect the privacy of every person and student who visits the website or uses our services. We are committed to ensuring a safe online experience.
This FLEX College Prep Privacy Policy (“Policy” accessed at https://FLEXcollegeprep.com/privacy-policy) describes how FLEX College Prep (“FLEX College Prep”, “we,” “us,” “our”) collect, use and otherwise process the personal information we collect about our customers, students, purchasers, and/or users (“User”, “you”, or “your”) of our websites, software, apps and other services (collectively, our “Services”).
Please note that this Policy contains disclaimers of warranties and limitations on liability that may be applicable to you.
1. Personal Information. In this Policy, our use of the term “personal information” includes other similar terms under applicable privacy law such as “personal data” and “personally identifiable information.” In general, personal information includes any information that identifies, relates to, describes, or is reasonably capable of being associated, or reasonably linked or linkable with a particular individual.
2. Collection and Use of Information. FLEX College Prep collects information that you provide us directly or automatically when you use our Services. This information may include data collected about student and parent names, email addresses, school, grade in school and phone number, and Services usage. We may use the information for purposes such as to improve the quality of our Services, personalize your experience, display relevant advertising, evaluate the success of our advertising, provide customer support, message you (in ways described by this privacy policy and managed by you in your account settings), enhance the security of our Services, fulfill transactions authorized by you, and comply with legal obligations.
a. Performance of our contract with you.
b. To comply with a legal obligation to which FLEX College Prep is subject.
c. For our legitimate business interests.
d. With your consent.
- Providing our Services and related support.
- Protecting the integrity of the Services.
- Analyzing and improving the Services and our business.
- Personalizing the Services.
- Advertising, marketing, and promotional purposes.
- Securing and protecting our business.
- Defending our legal rights.
- Auditing, reporting, corporate governance.
- Complying with legal obligations.
5. Investigations. FLEX College Prep may investigate and disclose information from or about you, as permitted by applicable law, if we have a good faith belief that such investigation or disclosure is (a) reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) helpful to prevent, investigate, or identify possible wrongdoing in connection with the Services; or (c) helpful to protect our rights, reputation, property, or that of our users, subsidiaries, or the public.
6. Vendors and Service Providers. We may engage vendors, agents, service providers, and affiliated entities to provide services to us or to Users on our behalf, such as support for the internal operations of our Services, online stores (including payment processors), products and services (e.g., forum operations, and technical support processing), as well as related offline product support services, data storage and other services. In providing their services, they may access, receive, maintain, or otherwise process personal information on our behalf. Our contracts with these service providers do not permit use of your personal information for their own marketing and other purposes. These disclosures are generally made under terms comparable to this Policy, and the recipients are limited to using the information the purpose for which it was provided. We may disclose automatically collected and other aggregate non-personally identifiable information with interested third parties, to assist such parties in understanding the usage, viewing, and demographic patterns for certain programs, content, services, advertisements, promotions, and/or functionality on our Service.
7. Business Transfers. If FLEX College Prep is acquired by or merged with another entity, if substantially all our assets are transferred to another company, or as part of a bankruptcy proceeding, FLEX College Prep may transfer the information we have collected about you to the other company.
8. Log Data. Whenever you use our Service, FLEX College Prep collects information that your browser sends to us that is called Log Data. This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser version, pages of our Services that you visit, the time and date of your visit, the time spent on those pages, and other statistics. FLEX College Prep uses Google Analytics to collect data. We need this data to understand how you use our website so we can improve its functionality and provide a better customer interaction for you.
9. Cookies and Other Tracking Technologies. FLEX College Prep, and third parties we interact with use cookies, web beacons, local shared objects (sometimes called flash cookies), and similar technology in connection with your use of our Services and third-party websites (collectively referred to in this policy as “Cookies”). Cookies are small data files that may have unique identifiers, and reside, among other places, on your computer or mobile device, in emails we send to you, and on our Service. We may use Cookies to transmit information about you and your use of our Service, such as your operating system, language preferences, referring URLs, device name, country, and location. When we use Cookies, we do so to further Services features and processes, facilitate relevant advertising, and help learn more about how users engage with our Service. Cookies may be persistent or stored only during an individual session. By continuing to navigate our website without changing your cookie settings, you hereby acknowledge and agree to FLEX College Prep’s use of cookies.
10. Information Security and Accuracy. FLEX College Prep intend to protect your personal information and to maintain its accuracy. We implement reasonable physical, administrative, and technical safeguards to help us protect your personal information from unauthorized access, use and disclosure. We also require that our suppliers protect such information from unauthorized access, use and disclosure.
11. Retention Period. FLEX College Prep will not retain personal information longer than necessary to fulfill the purposes for which it is processed, including the security of our processing complying with legal and regulatory obligations (e.g. audit, accounting and statutory retention terms), handling disputes, and for the establishment, exercise or defense of legal claims in the countries where we do business. If you wish to cancel your account or request that we no longer use your personal information to provide the Services to you, please contact us as set forth below, in Section 16, Contact Details. However, if you withdraw consent or otherwise object to our collection, use and disclosure of your personal information, you may not be able to use the Services. Further, to the extent permitted by applicable law, we will retain and use your personal information as necessary to comply with our legal obligations, resolve disputes, maintain appropriate business records, and enforce our agreements.
12. Links to Other Sites. Our Services contain links to other sites that are not controlled by FLEX College Prep. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our Services and read the privacy policies of each site you visit. This privacy policy applies only to information collected by our Services.
13. Notice. By use of our Service, you consent to receive electronic communications from FLEX College Prep. You also agree that any such communications satisfy any legal requirement to make such communications in writing under this Policy or under any applicable laws or regulations. Specifically, we may provide notice to you by sending an email to the address that you provided as part of your registration for our Services. Any notice to FLEX College Prep can be provided by sending an email to [email protected].
14. Governing Law & Venue. This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of California. Orange County in the state of California shall be the exclusive forum for any mediation, arbitration, litigation, or dispute resolution.
15. Contact Details. If you have any questions, complaints or comments regarding our Policy or practices, please submit a request by emailing [email protected] or by postal mail at FLEX College Prep, 800 Roosevelt, Suite 100, Irvine, CA 92620.
16. Right to Change Terms. We reserve the right at any time, with or without cause, to (a) change the terms and conditions of this Policy; (b) change our Services, including eliminating or discontinuing any feature of our Service; or (c) deny or terminate your use of and/or access to our Service. Any changes we make will be effective immediately upon our making such changes available on our Service, with or without additional notice to you. You agree that your continued use of our Services after such changes constitutes your acceptance of such changes. You hereby acknowledge that you have carefully read all the terms and conditions of our Privacy Policy (which can be accessed at https://FLEXcollegeprep.com/privacy-policy and agree to all such terms and conditions. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. If we make a material change to our Privacy Statement, we will post a notice at the top of this page for 30 days. BY CONTINUING TO USE OUR SERVICES AFTER SUCH REVISION TAKES EFFECT, WE CONSIDER THAT YOU HAVE READ, UNDERSTOOD THE CHANGES AND AGREE TO BE BOUND BY THE MODIFIED PRIVACY POLICY.
17. U.S. Family Educational Rights and Privacy Act (“FERPA”) and Children’s Online Privacy Protection Act of 1998 and its rules (collectively, “COPPA”). Children under the age of 13 shall only use the Services under an account created by and under their parent/guardian and are specifically prohibited from the use of the Services otherwise. To the extent that FLEX College Prep has access to “education records,” as defined by FERPA, it is deemed and shall function as a “school official” with “legitimate educational interests” when fulfilling its responsibilities under this Agreement, and both parties agree that Customer has “direct control” over the use of “education records” as these terms are defined under FERPA. FLEX College Prep agrees to comply with its obligations under FERPA, including but not limited to the limitations on re-disclosure of personally identifiable information from education records set forth in FERPA.
FERPA and COPPA require us to inform parents and legal guardians (as used in this policy, “parents”) about our practices for collecting, using, and disclosing personal information from children. It also requires us to obtain verifiable consent from a child’s parent for certain collection, use, and disclosure of the child’s personal information. This section notifies parents of the types of information we may collect from children, how we use the information we collect, our practices for disclosing that information, our practices for notifying and obtaining parents’ consent when we collect personal information from children, including how a parent may revoke consent, and all operators that collect or maintain information from children through this Service.
- The types of information we may collect from children. A child must provide us with the following information to register with this website: the child’s first name, last name, and an email address. We also require creation of a password. We may request additional information; however, this information is optional. We specify whether information is required or optional when we request it. We use Cookies, web beacons, and other technologies to receive and store certain types of information when you interact with us through your computer or mobile device. We also collect Log Data which may include information such as your computer’s Internet Protocol (“IP”) address, browser version, pages of our Services that you visit, the time and date of your visit, the time spent on those pages, and other statistics.
- How we use the information we collect. We will use your information to provide our Website and Services to you including admission consulting; tutoring and test preparation; managing your account; responding to your inquiries; and for other customer service and support purposes. We also use the information collected to protect our rights and interests as well as the rights and interests of our Users and any other person; to comply with applicable legal or regulatory obligations, including complying with requests from law enforcement or other governmental authorities, or in legal proceedings involving FLEX College Prep, .
- Our Practices for Disclosing Children’s Information. We do not share, sell, rent, or transfer children’s personal information other than as described in this section. However, we may disclose aggregated information about many of our users, and information that does not identify any individual or device. In addition, we may disclose children’s personal information to third parties we use to support the internal operations of our Service and who are bound by contractual or other obligations to use the information only for such purpose and to keep the information confidential; if we are required to do so by law or legal process, such as to comply with any court order or subpoena or to respond to any government or regulatory request; if we reasonable believe disclosure is necessary or appropriate to protect the rights, property, or safety of FLEX College Prep, our customers or others, including to protect the safety of a child, protect the safety and security of the Website/App/Service, enable us to take precautions against liability, and To law enforcement agencies or for an investigation related to public safety.
- Our practices for notifying and obtaining parents’ consent when we collect personal information from children, including how a parent may revoke consent. At any time, you may review the child’s personal information maintained by us, require us to correct or delete the personal information, and/or refuse to permit us from further collecting or using the child’s information. You can review, change, or delete your child’s personal information by logging into your child’s account and visiting his or her account profile page or sending us an email at [email protected]. To protect your privacy and security, we may require you to take certain steps or provide additional information to verify your identity before we provide any information or make corrections.
- All operators that collect or maintain information from children through this Service. ActivityHero, Amazon Web Services (AWS), and Video Ask are the only operators that may collect or maintain personal information from children through the Website or our Services. Please direct your inquiries about any operator’s privacy practices and use of children’s information to [email protected] or by postal mail at FLEX College Prep, 800 Roosevelt, Suite 100, Irvine, CA 92620.
- Personal Information: Your personal information includes all the data you provide us when you sign up for an account or enroll in our services, including your name, email address, telephone number. If you make a payment for services, your card information is not held by us, it is collected by our third-party payment processors, who specialize in the secure online capture and processing of card transactions.
- Geolocation data, such as IP address. We collect this information from your device.
- Inferences.
- Other personal information, in instances when you interact with us online, by phone or mail in the context of receiving help through our help desks or other support channels; participation in customer surveys or contests; or in providing the Service.
- The right of access means that you have the right to request that we disclose what Personal Information we have collected, used and disclosed about you in the past 12 months.
- The right of deletion means that you have the right to request that we delete Personal Information collected or maintained by us, subject to certain exceptions.
- The right to non-discrimination means that you will not receive any discriminatory treatment when you exercise one of your privacy rights.
- Access this policy in an alternative format,
- Exercise your rights,
- Learn more about your rights or our privacy practices, or
- Designate an authorized agent to make a request on your behalf.
19. Enforceability. If any provision of this Policy is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Policy and shall not affect the validity and enforceability of any remaining provisions.
20. Entire Agreement. This Policy, along with the Terms of Use, constitute the entire terms with respect to the relationship between FLEX College Prep and you and supersedes all prior agreements, whether written or oral, concerning such relationship. This Policy may not be changed, waived, or modified except by FLEX College Prep as provided herein or otherwise by written instrument signed by FLEX College Prep.
