Last Updated: May 27, 2015
IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO USE THE MENTORED™ OFFERINGS, YOU AGREE TO BE BOUND BY THIS POLICY IN CONNECTION WITH YOUR CHILD’S USE OF THE MENTORED™ OFFERINGS.
If You are a resident of the State of California and would like to learn how Your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third parties, what categories of personal information that we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please e-mail us at: email@example.com; or send mail to: Mentored, 910 Sylvan Ave, Suite 140, Englewood Cliffs, NJ 07632.
Further, if You are a resident of the State of California and would like to opt-out from the disclosure of Your personal information to any third party for marketing purposes, please e-mail us at: firstname.lastname@example.org; or send mail to: Mentored, 910 Sylvan Ave, Suite 140, Englewood Cliffs,NJ 07632. Please be advised that where California State residents opt-out from permitting their personal information to be shared, such individuals may still receive selected offers directly from us, in accordance with applicable law.
This Policy will address the following:
This Policy describes what information we gather from You (or from Your child where You are a parent and/or legal guardian (collectively, “Parent”) of someone under eighteen (18) years of age, or the applicable age of majority, if greater than eighteen (18) years of age, who You have authorized to utilize the Mentored™ Offerings), how we use that information, and what we do to protect it. If You do not want information about You or Your child to be used in the manner set forth in this Policy, please do not access or use the Mentored™ Offerings. This Policy is incorporated into and is subject to the Terms and Conditions.
Information that We Collect:
Personally Identifiable Information
We may provide an online Form in connection with Your request for the Mentored™ Offerings. Understand that the personally identifiable information (“Personal Information”) that You submit is voluntary, but is required if You request access to the Mentored™ Offerings, whether or not You purchase the Tutoring Services or receive Tutoring Services for free. For purposes of this Policy, “Personal Information” shall include information: (a) submitted in connection with Your registration on any Form; (b) associated with You or a Child User (as defined below) (where You are her/his Parent); © that Mentored™ may collect in connection with credit card processing performed by us and/or our affiliates; (d) that is transferred to Mentored™ from a third party marketing partner (“Third Party”) where You complete the initial registration process for the Mentored™ Offerings via a website or mobile application owned or operated by a Third Party; and (e) that we collect in connection with surveys, assessments or otherwise, both online and offline. Upon registration, Users may be required to provide all or some of the following Personal Information:
Our Commitment to Children’s Privacy:
Mentored™ does not knowingly solicit or collect Personal Information from Users under thirteen (13) years of age (“Child Users”). Further, Mentored™ will never knowingly share Personal Information about Child Users with business partners or other third parties for any purpose other than providing the Mentored™ Offerings to that Child User. Mentored™ will only process Forms and associated Personal Information for Child Users with verified Parental consent and where the Forms are submitted by the applicable Parent(s).
Where a Child User requests to register for any Mentored™ Offerings, Mentored™ will require verifiable consent from that Child User’s Parent. During the registration process, we may initially collect the following information about a Child User: (a) her/his nickname; (b) her/his e-mail address; © her/his Parent’s e-mail address; and (d) the year of her/his birth. Where the year of birth submitted indicates that a Child User has attempted registration, we will immediately suspend the registration, and seek Parental consent by sending the Parent a confirmation e-mail. The Parent must then activate the link in the confirmation e-mail, submit credit card information for age verification purposes and set up a Parent account, with a sub-account for the applicable Child User with a password and username that the Child User can use to access the Mentored™ Offerings. If the applicable Parent does not respond to the confirmation e-mail and open an account with a sub-account for the Child User within a reasonable period of time, Mentored™ shall permanently delete that Child User’s Personal Information from its systems.
You may terminate Your Child User’s permission to access the Mentored™ Offerings at any time by contacting Mentored™ at: email@example.com or by changing the password for the applicable Child User’s sub-account using the features provided in connection with the Parent account. If You register Your child as a Child User, You agree to permit the Child User to access and use any and all of the products and services made available by and through the Mentored™ Offerings, and acknowledge and consent that any Personal Information of Your Child User that You provide in connection with registration or otherwise may be used by Mentored™ according to this Policy. Except where the context indicates otherwise, or where expressly set forth to the contrary, the remainder of this Policy (including any discussion of the Personal Information that Mentored™ may collect, use and/or disclose) shall apply equally to a Child User account and Parent account; provided, however, that we will not use Personal Information provided by Parents, or any Child User Personal Information, for marketing purposes unless the Parent has provided specific, additional consent to do so in each instance.
If You are a parent or guardian of a Child User and discover that Your Child User has obtained a Mentored™ account without Your permission, or You otherwise want Mentored™ to delete the Personal Information of Your child, then You may contact Mentored™ via e-mail at: firstname.lastname@example.org; or by regular mail at: Mentored, 910 Sylvan Ave, Suite 140, Englewood Cliffs, NJ 07632, and request that Mentored™ delete Your child’s Personal Information from its systems.
If You submit Personal Information in connection with any Ratings submitted by You, You should be aware that the Personal Information that You submit can be read, collected or used by other Users, and could be used to send You unsolicited messages or otherwise contact You without Your consent or desire. We are not responsible for the Personal Information that You choose to submit in connection with any Ratings.
Further, by submitting Ratings, You: (a) represent and warrant that Mentored’s™ use of Your submission does not and will not breach any agreement, violate any law or infringe upon any third party’s rights; (b) agree that Mentored™ is free to use in any manner all or part of the Ratings on an unrestricted basis without the obligation to notify, identify or compensate You or anyone else; and © grant Mentored™ all necessary rights, including a waiver of all copyright, trademark, privacy and moral rights, to use all Ratings, in whole or in part, or as a derivative work, without any duty of Mentored™ to anyone whatsoever.
The Ways Mentored™ Uses and Discloses Personal Information:
• You agree that by submitting Your e-mail address at the Site and/or through the App (other than e-mail addresses of Child Users and/or Parents that are not using the Tutoring Services separately from their child), You may receive e-mail marketing from Mentored™ (including other Mentored™ properties), affiliated third-party service providers and our third-party advertisers.
• By submitting Your Personal Information (other than the Personal Information of Child Users and/or Parents that are not using the Tutoring Services separately from their child) by and through the Mentored™ Offerings, You agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that Your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact You (but not Child Users and/or Parents that are not using the Tutoring Services separately from their child) via telemarketing in accordance with the Rule and applicable state do-not-call regulations.
• Where You provide “prior express written consent” within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (“TCPA”), You consent to receive telephone calls, including artificial voice calls, pre-recorded messages and/or calls (including SMS text messages) delivered via automated technology, to the telephone number(s) that You provided. Please note that You are not required to provide this consent in order to obtain access to the Mentored™ Offerings, and Your consent simply allows Mentored™ to contact You via these means. Further, You agree that we reserve the right to share, sell, rent, lease and/or otherwise distribute Your mobile telephone number and other mobile data (other than the mobile telephone number and other mobile data of Child Users and/or Parents that are not using the Tutoring Services separately from their child) with/to any third-party for any and all non-marketing uses permitted by this Policy and applicable law. Without limiting the foregoing, by registering for the Tutoring Services by and through the Site and/or App, You grant Mentored™ permission to remind You of appointments and send You other Mentored™ Offerings-related updates via SMS text messages; provided, however, that Mentored™ shall obtain separate Parental consent to contact any Child User in such a fashion.
• Mentored™ may process Your Personal Information for the purposes of billing, shipping, auditing, research and/or analysis in order to maintain, protect and improve our Mentored™ Offerings, ensuring the technical functioning of our network and sending You information related to the Mentored™ Offerings, Your Mentored™ account or other Mentored™ products and/or services. This Personal Information helps us keep You posted as to the latest product announcements, software updates and other important Mentored™ information that You might like to hear about.
• Mentored™ uses all of the information that we collect from Users to understand and analyze the usage trends and preferences of our Users, to improve the way the Mentored™ Offerings work, and to create new features and functionality.
• Should You send e-mail or other communications to Mentored™, we may retain those communications in order to process Your inquiries, respond to Your requests and improve our Mentored™ Offerings.
• To the extent that Mentored™ collects Your credit card information, if ever, we will use that information to process and complete any Mentored™ Offerings-related transactions that You request and/or for age verification purposes. Such payment processing may be conducted by and through a third party service provider utilized by Mentored™. By submitting Your credit card information to us, You authorize Mentored™ to periodically verify that Your credit card account continues to be a valid and active one by charging, and thereafter immediately crediting, a small sum to the card. Such verification may be conducted through a third-party and, in that case, Mentored™ will share Your specific credit card information with this third-party for verification purposes. Apart from said uses, we will not share Your credit card information with any third-parties (other than as set forth above and with consumer credit agencies) without Your prior informed consent. Notwithstanding the foregoing, Mentored™ reserves the right to share with third-parties the fact that we have credit card information on file for specific users, but we will not share Your specific credit card information with third-parties without Your prior informed consent.
• We may share Your Personal Information with companies that provide services to us, including outside contractors or agents who help us manage our information activities, but they may only use Your Personal Information to provide us with a specific service and not for any other purpose.
• We reserve the right to release current or past Personal Information: (a) in the event that we believe that the Mentored™ Offerings are being or have been used in violation of the Terms and Conditions, Tutor Agreement, Sponsored Session Program Rules or to commit unlawful acts; (b) if the information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide You with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any Personal Information pursuant to a subpoena; or © if we are sold, merge with a third party, are acquired or are the subject of bankruptcy proceedings; provided, however, that if Mentored™ is involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, You will be notified via email and/or a prominent notice on the Site and App of any change in ownership or uses of Your personal information, as well as any choices that You may have regarding Your personal information.
The Use and Disclosure of Anonymous Aggregated Data:
Anonymous data is information (originally personally identifiable or non-personally identifiable) that subsequently is used in aggregate form. We may collect anonymous data whether or not You are a registered member of Mentored™. We may use anonymous data for purposes of research and analysis. We may conduct research on our customer demographics, Internet usage, mobile device information and interests and behavior based on personal data we gather. Although anonymous data may be based in part on Personal Information, it does not identify You personally. In the event that we collect and use (or allow others to collect and use) such anonymous, aggregate information from Child Users in a manner other than as specified in this paragraph, we will notify Parents and obtain consent prior to such collection.
Mentored™ may share this type of anonymous data (other than anonymous data gathered from Child Users) with a variety of third parties, including our affiliates, advertisers and other current and prospective business partners. Mentored™ may use anonymous data collected for Site/App administration, advertising and promotional purposes, and we may share such information (other than anonymous data gathered from Child Users) with various affiliated and unaffiliated entities for such purposes.
How We Protect Your Personal Information:
We endeavor to safeguard and protect our Users’ Personal Information. When Users make Personal Information available to us, their Personal Information is protected both online and offline (to the extent that we maintain any personal information offline). Where our registration/application process prompts Users to enter sensitive information (such as credit card information), and when we store and transmit such sensitive information, that information is encrypted and is protected with encryption software that complies with the encryption requirements established by the PCI Data Security Standard (PCI DSS), such as advanced TLS (Transport Layer Security).
Access to Your Personal Information is strictly limited, and we take reasonable measures to ensure that Your Personal Information is not accessible to the public. All of our Users’ Personal Information is restricted in our offices. Only employees or third party agents who need Personal Information to perform a specific job are granted access to Personal Information. Our employees are dedicated to ensuring the security and privacy of all User Personal Information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store Personal Information on are kept in a secure physical environment. We also have security measures in place to protect against the loss, misuse and alteration of Personal Information under our control.
Please be advised, however, that while we take every reasonable precaution available to protect Your Personal Information, no storage facility, technology, software, security protocols or data transmission over the Internet can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of Your Personal Information, and technological bugs, errors and glitches may cause inadvertent disclosures of Your Personal Information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that Your Personal Information will be absolutely secure. Any transmission of data at or through the Site, App or otherwise via the Internet or wireless network is at Your own risk.
In compliance with applicable federal and state laws, we shall notify You and any applicable regulatory agencies in the event that we learn of an information security breach with respect to Your Personal Information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
Mentored’s™ servers are located in the United States of America. For Users outside the United States, note that any Personal Information that You submit through the Site and/or App will be transferred out of Your country and into the United States. You consent to such transfer through Your use of the Site, App and/or other Mentored™ Offerings. You also warrant that You have the right to transfer such Personal Information outside Your country and into the United States.
Accessing, Updating and Deleting Personal Information:
At Your request, we will: (a) inform You of what Personal Information we have on file for You; (b) amend/correct the Personal Information that we have on file for You; and/or © remove Personal Information that You have provided to us, or that we have otherwise collected, from our databases other than where we are required by law, or permitted by law, to retain such Personal Information. We ask individual Users to identify themselves and the Personal Information requested to be accessed, corrected or removed before processing such requests, and we provide information access and correction free of charge, except if doing so would require a disproportionate effort.
We may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required.
Please be advised that instructing us to delete Your Personal Information will only result in the deletion of the Personal Information contained in our databases. This deletion will not change or delete Personal Information which may have already been shared with third parties, all as provided above in this Policy. You will need to contact the third parties that contact You directly to change Your preferences regarding their use of Your Personal Information. Please be further advised that, after You delete Your Personal Information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.
You are responsible for maintaining the secrecy of Your unique password and account information at all times.
Links to Third Party Websites:
This Policy onlyapplies to the Site, App and other Mentored™ Offerings. We do not exercise control over the websites/mobile venues to which the Site, App and/or other Mentored™ Offerings link, or those websites and/or mobile venues that link to the Site and/or App. These other websites/mobile venues may place their own cookies or other files on Your computer and/or mobile device, as applicable, and/or collect data or solicit personally identifiable information from You. We encourage our Users to read the privacy policies of any third party website/mobile venue that they visit. It is the sole responsibility of such third parties to adhere to any applicable restrictions on the disclosure of Your personally identifying information, and Mentored™ and its affiliates are not liable for wrongful use or disclosure of Your personally identifying information by these third parties.
This Policy may be revised periodically without further notice to You and this will be reflected by a “Last Updated” date above. Mentored™ will also archive on the Site/App old versions of this Policy should we make any changes. Please revisit this page to check in frequently to see any recent changes to this Policy. If the manner in which we use Personal Information changes, however, Mentored™ will notify its Users by: (a) posting the updated Policy on the Site and App; (b) sending the modified Policy to its Users via email; and/or © any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether or not we use Your Personal Information in this different manner. At any time that You do not agree with the changes, You must opt out from receiving future communications from us (see the “Opt-Out/Unsubscribe” section below). Failure to opt out after notice of any such changes constitutes an affirmative acknowledgement and acceptance by You of the modified Policy.
To stop receiving future communications from Mentored™, please click here. During registration, application, purchase and/or when You otherwise submit Personal Information to Mentored™, You have opted-in and authorized us to share Your Personal Information (other than credit card information, and other than Personal Information associated with Child Users and/or Parents that are not using the Tutoring Services separately from their child) with third-parties for marketing purposes as set forth above. When contacted by any of these third parties, You should notify them directly of Your choices regarding their use of Your Personal Information.
To opt-out of having Your Personal Information shared with third-parties, please click here. When contacted by any of these third parties, You should notify them directly of Your choices regarding their use of Your information.
Notwithstanding the foregoing, we may continue to contact You for the purpose of communicating information relating to Your request for Mentored™ Offerings, as well as to respond to any inquiry or request made by You. To opt-out of receiving Mentored™ Offerings-related and inquiry response-related messages from Mentored™, You must cease requesting and/or utilizing the Mentored™ Offerings and cease submitting inquiries to Mentored™, as applicable.
If You have any questions about this Policy, please click here, or write to us at: Mentored, 910 Sylvan Ave, Suite 140, Englewood Cliffs, NJ 07632.
Filing a Complaint with the Federal Trade Commission:
To file a complaint regarding our privacy practices, please click here.