Privacy Policy | Otter Learning

Otter Learning aims to protect your privacy online the way we protect your family in person, with care and caution. We understand the need to protect and safeguard your sensitive information, and we maintain strict standards and procedures designed to prevent misuse of that information. This privacy notice (“Privacy Notice”) constitutes an agreement between you, Otter Learning LLC and its affiliates, corporate parent(s), and subsidiaries, or any other entity over which Otter Learning LLC has control (collectively, “Otter Learning,” “us,” “our,” or “we”) and is part of Otter Learning’s Terms of Use.

This Privacy Notice explains the categories of information that we collect, how we use that information, and how it applies when you access or use our websites, mobile applications, and services, both online and offline (collectively, the “Site”). Your privacy is important, and we encourage you to read this Privacy Notice carefully to understand how we collect and use your information.

Consent. By accessing this Site, registering with Otter Learning, creating a user profile on our Site, or submitting information to Otter Learning, you consent to this Privacy Notice and the collection and use of information as described herein. We will take reasonable steps to notify you and confirm that you agree at different stages of collecting your information. If you do not agree with our policies and practices, you may not be able to access or benefit from certain portions of this Site.

Personal Information. As used in this Privacy Notice, “Personal Information” means information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device, such as:

identifiers (e.g., name, address, telephone number, email address)
sensitive Personal Information (e.g., state identification number, insurance information, financial information)
protected classification information (e.g., race, citizenship, marital status, medical condition, sex, veteran or military status)
biometric information (e.g., biological characteristics, behavioral, fingerprints)
internet or other similar activity (e.g., browsing history)
employment-related information
Nonpublic educational information, including information protected under the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)
commercial information (e.g., products or services purchased, commercial tendencies)

Personal Information does not include (a) publicly available information; (b) aggregate information, meaning data we collect about your use of the Website or about a group or category of services or users from which individual identities or other Personal Information has been removed; or (c) deidentified information that cannot be easily linked back to the individual.

Lawful Basis. We will only collect your Personal Information (a) when applicable, with your consent; or (b) if we have a legitimate interest in doing so. We only collect Personal Information about children with consent from a parent or guardian, as discussed in more detail below.

How We Collect Your Personal Information. We collect Personal Information directly from you, from third parties, and automatically from your use of the Site. The types of Personal Information we collect about you and the manner of collection depends on how you interact with Otter Learning, including the services, offers, and portions of our Site that you use. More specifically, we collect Personal Information:

When you communicate with us, with consent. We collect Personal Information directly from you with your consent when you contact Otter Learning online, in person, or via telephone or mail, participate in one of our surveys, take a tour, or submit an inquiry at one of our locations, including:

Identifiers. We collect contact information, including your name, phone number, email address and marital status in order to communicate with you about our services, share schedules, menus, and other news, and to personalize those communications to you and your child.
User Generated Material. Some features of our Site permit you to post comments, photos, or other content, subject to our Terms of Use . It is your decision whether to use these features, and any Personal Information or other content you post is provided by you voluntarily.

When you register with Otter Learning, with consent. When you fill out a Otter Learning form, submit an enrollment agreement, or register to use the Procare Parent Application (“Parent Application”), we will collect Personal Information about you and your child directly from you with your consent, including:

Identifiers; Employment-Related Information. We collect contact information and other identifiers, including emergency contact and release information for your child, your driver’s license and other state identification numbers, as well as your current employment information.
Subsidy Status. We may collect Personal Information about you or your child via state subsidy forms to determine eligibility for a state subsidy or discount program. We do not collect financial information in this manner.
Payment Information. Otter Learning provides the option of paying for certain Otter Learning services via the payment feature on our Parent Application through a PCI-compliant payment processing Service Provider. However, To make online payments, you or someone you authorize to make payments on your account may use our Parent Application to provide bank, credit card, or other payment-related information ("Payment Information”) to our payment processing Service Provider. Your Payment Information is only used for billing purposes and to provide services.

About your child directly from you, with consent. Otter Learning must collect certain Personal Information about your child in order to provide you with the childcare services you request, including:

Identifiers. We collect your child’s name, age and date of birth, gender.
Biometrics. We collect certain limited biometric information about your child, including their height, weight, eye color, ethnicity, and distinguishing marks.
Health Information. We collect health information related to your child’s care needs including allergies, medications, medical care provider, and immunization history, to the extent this information is volunteered by a parent/guardian. We collect this information to ensure that your child receives safe and appropriate care.

Otter Learning only collects Personal Information about children with consent from the child’s parent or guardian. Please note that some of the Personal Information we collect about children is essential to providing a safe and healthy environment for the children in our care. As such, if you refuse to provide us with certain Personal Information about your child, or later withdraw your consent for Otter Learning to use certain Personal Information about your child, Otter Learning may not be able to provide you with childcare services.

From your use of the Parent Application, with consent. Otter Learning offers its families a mobile application powered by Procare Solutions (“Procare”). If you choose to download and use the Mobile App, we may collect the following Personal Information:

Identifiers. We collect your name, email address and other identifiers to save your profile.
Photos and Videos. Childcare center staff may upload and share photos and videos of enrolled children, with limitations.
User Generated Material. You have the option to upload photos and videos and to post comments via the Mobile App.
Internet or Similar Network Activity. We collect information about your activity on Mobile App via the cookies that enable the Mobile App’s features.

For more information about the mobile application, please see Otter Learning’s Privacy Notice for Mobile App Users below. Please note that the mobile application is not owned by Otter Learning and, as such, is governed by Procare’s Privacy Policy and Terms of Service.

From third parties, with a legitimate interest. Depending on your circumstances, Otter Learning may receive Personal Information about you from certain third parties. We collect this information to achieve our legitimate interest of making our services available to a broad array of customers. For example, we may receive Personal Information from:

Your Employer. If you are offered Otter Learning services through your employer, we may receive employment-related information on your eligibility to use the services as well as identifiers like your contact information.
Government Agencies. If you are eligible for a childcare subsidy, we may receive Personal Information from government agencies related to your eligibility or reporting information.
Marketing Companies. From time to time we may work with marketing companies that provide us with contact information for individuals who have consented to receive marketing materials. You have the right to opt out of these communications at any time.

Automatically from your use of the Site, with a legitimate interest. We use website analytics and other technologies to collect internet or other similar network activity, including Personal Information and anonymous data, from your use of the Site. We collect this information to achieve our legitimate interest of maintaining and improving the Site and our services. The information we collect in this manner may include:

Log Files. We use log files to automatically collect certain Personal Information including your Internet Protocol address, as well as anonymous technical information including data about your computer or other device, the type of browser or operating system your device uses, the programs, services, and version of software you use, and the address of any linking websites when you request a web page while visiting the Site.
Cookies. Like most commercial websites, we use cookies to track use of our Site. Please read our Cookie Notice for more information about how we use cookies.

We may combine this information with the Personal Information you provide to us or merge it into aggregate information about Site visitors and traffic to analyze preferences, trends, and statistics.

How We Use Your Personal Information. We use your Personal Information for the purposes described at the time of collection and for other purposes with your consent and as permitted by law. Depending on your interactions with Otter Learning, we may use your Personal Information:

To provide you with Otter Learning services. We use your Personal Information to provide you with the Otter Learning services you have requested. As part of providing such services, we may use this Personal Information to:

confirm your registration or enable you to use our Parent Application and other Site features.
effectively communicate with you.
ensure that your child is receiving safe and appropriate care.
administer first aid and other medical care as necessary.
comply with licensing regulations and other legal requirements.
fulfill any other purpose for which you provide your information or provide your consent.

Text messages. By providing us with your wireless phone number, you consent to Otter Learning sending you informational text messages related to your childcare services. You can unsubscribe from text messages by replying STOP or UNSUBSCRIBE to any of these text messages. Messaging and data charges may apply to any text message you receive or send. Please contact your wireless carrier if you have questions about messaging or data charges. Otter Learning does not send marketing communications by text message or engage in telemarketing activities.

For our direct marketing efforts. We may also use your Personal Information to communicate with you about our services that may be of interest to you in order to achieve our legitimate interest of direct marketing. As part of our direct marketing efforts, we may:

respond to inquiries we receive from you.
send you promotional messages, advertising, surveys, and other information that may be of interest to you.
provide you with other information from and about Otter Learning or a business or organization with which we are associated.

Our direct marketing activities are based on your stated preferences or our profiling of your characteristics and preferences based on your interactions with the Site and information obtained from third parties. Otter Learning will only contact you in ways compatible with your communication choices .

To create and maintain a trusted and safe childcare environment. Otter Learning has a legitimate interest in creating and maintaining a trusted and safe childcare environment for its customers, their children, and Otter Learning employees. To that end, Otter Learning may use your Personal Information to:

detect and prevent fraud, spam, abuse, security incidents, and other harmful activity.
conduct security investigations and risk assessments.
comply with Otter Learning’s legal obligations and licensing requirements.
protect your privacy, enforce this Privacy Notice, and Otter Learning’s other policies.
if we believe it is necessary, identify, contact or bring legal action against persons or entities who may be causing injury to you, to Otter Learning, or to others.

To maintain and improve the security and functionality of the Site. We may process the Personal Information we collect automatically from your use of the Site to achieve our legitimate interest of maintaining and improving the security and functionality of the Site. We use this Personal Information to:

personalize your user experience on the Site.
ensure that our web pages appear and function properly.
determine which website referred you to our Site.
improve the Site, programs, products, services, and content.
improve the performance of our advertising on other websites.
send you service or support messages, updates, security alerts, and account notifications.

For other purposes as permitted by law. In addition to the specific uses and purposes described above, we might use information that we collect about you, including Personal Information, to:

notify you about changes to the Site.
protect our rights and property.
comply with a law, regulation, legal process or court order.
fulfill any other purpose with your consent.

This Site Is Not For Children. This Site is designed for use by adults, not children. Otter Learning does not knowingly collect Personal Information from children under the age of 16 who may visit our Site, and we do not want to include any Personal Information about children in our databases without first obtaining parental consent. If you are under 16, do not use or provide any information on this Site or on or through any of its features, register on the Site, or provide any Personal Information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received Personal Information from a child under 16 without verified parent or guardian consent, we will delete that information. If you believe we might have any information from or about a child under 16, or if you become aware of any unauthorized submission of information to Otter Learning, including children’s information, please contact Otter Learning at privacy@otterlearning.com or at (865) 315-7458.

Security. Otter Learning employs commercially appropriate and reasonable safeguards both online and offline to maintain the security, confidentiality, and integrity of Personal Information that we collect about you. Otter Learning maintains internal policies to govern the collection, processing and handling of data, and restricts access to data to those employees who require such access to perform their job functions. We educate our employees about the importance of confidentiality and customer privacy through standard operating procedures.

Data Security. We use encryption to protect information online, and the servers that store your Personal Information are housed in a secure environment. We update and test our technology to improve the protection of our information about you and to assure the integrity of that information. Even so, no security measure is 100% perfect. We cannot guarantee the security of your information and do not assume any responsibility for the unauthorized use or access to your information under our control.

When you to register with us, you will have an account name and password, and we will issue a unique account number to you. You will also register a sign-in/out code in connection with the enrollment of your child at our affiliated childcare centers. We will never ask you for your password. The safety and security of your Personal Information also depends on you, and you are responsible for keeping your password confidential. Also, remember to log off your account and close your browser window when you have finished your visit.

Disclosure. Vendors that provide us with various services (collectively, “Service Providers”) may have access to your Personal Information while they are performing their contractual obligations. We prohibit our Service Providers from selling or disclosing the Personal Information we provide, and we require all Service Providers to maintain confidentiality standards that are commercially reasonable to ensure the security of your Personal Information.

Otter Learning does not sell Personal Information to third parties. However, from time to time, we may disclose Personal Information to third parties, in particular childcare center regulators or medical providers, for our bona fide business purposes. In addition, we may disclose Personal Information to third parties:

if we have your consent to share the information.
in an anonymized, deidentified or aggregated state.
to detect, prevent, or address fraud, security, or technical issues.
if we are required by federal, state, or local law to disclose the information or if we have a good faith belief that disclosure is necessary to comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities.
to exercise or defend our legal claims.
in the event that we go through a business transition, such as a merger, acquisition by another company, or sale of a portion of our assets—any Personal Information you provide us may be a part of the assets transferred.

Otter Learning reserves the right to disclose aggregated information about our Site visitors and information that does not identify any individual, without restriction.

Behavioral Advertising. We allow some Service Providers to assist us with behavioral advertising by collecting and analyzing certain information when you visit our Site (e.g., click stream information, browser type, time and date, subject clicked or scrolled over). These Service Providers typically use a cookie or third-party web beacon to collect this information.

Controlling Your Personal Information. Otter Learning provides you the ability to exercise certain controls and choices regarding our collection, use and sharing of your information. In accordance with applicable law, your options to control your Personal Information may include:

correcting, updating, and deleting the Personal Information in your account.
changing the services in which you have enrolled.
changing your preferences for how and what about we communicate with you.
choosing whether to receive marketing communications from us, including promotions, surveys, and information about products and services that may be of interest to you.
how the cookies we use interact with your browser.
resetting your device’s advertising identifier and/or opting out of interest-based ads.
requesting access to the Personal Information we hold about you and requesting that we amend or delete it.

At any time, you may exercise any of these controls and choices, express concerns, lodge a complaint, or obtain additional information about the use of your Personal Information by contacting Otter Learning at privacy@otterlearning.com or at (865) 315-7458.

You may also click the designated link at the bottom of any email you receive from Otter Learning to be removed from future email updates. We may take up to five days to fulfill any requests to remove or update your contact information. Please note that, even if you have opted out of receiving marketing communications from us, we may need to contact you to address questions or issues specific to the services you have requested.

Notice to California Residents. Please read our California Privacy Notice to learn more about the privacy rights available to California residents.

Do Not Track Signals. Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this time Otter Learning’s Site and applications do not respond to a Do Not Track signal in the HTTP header from your browser. For information about Do Not Track, visit www.allaboutdnt.org.

Social Networking. If you access our Site from social networking websites (e.g., Facebook or Twitter), or if you otherwise agree to associate your account with us with a social networking website, we may also receive Personal Information about you from such social networking website. Our receipt of your Personal Information via a social networking website is governed by the terms of use and privacy policy of that website. We may retain this information with the information we collect from you directly. Our Site may include buttons that link to social network websites. Your use of these social networks is entirely optional and subject to the privacy policy and terms of use of the social networking website you choose to use.

Third Party Websites. This Privacy Notice applies only to information collected by Otter Learning. We may provide from our Site links to third-party websites as a service to our Site visitors, but we have no ability to control, and we are not responsible for, the privacy and data collection, use, and disclosure practices of third-party websites. When you click on links that take you to external websites, you will be subject to their privacy notices and practices and not ours. We encourage you to review and understand the privacy notices of such websites before providing them with any information.

Terms of Use. Otter Learning’s Terms of Use govern all matters not set forth in this Privacy Notice. We encourage you to familiarize yourself with our Terms of Use.

Changes to this Notice. Otter Learning reserves the right to modify this Privacy Notice at any time by updating this posting without notice. All changes are effective immediately when posted and apply to all access to and use of the Site. Your continued use of our Site following the posting of changes constitutes your acceptance of such changes.

For More Information. Please let us know if you have any questions or comments regarding this Privacy Notice or if you wish to exercise any of your rights over your Personal Information. You can contact us at privacy@otterlearning.com or at (865) 315-7458.

Mobile Privacy Notice

Otter Learning offers its families a mobile application, powered by Procare Solutions (“Procare”) (the “Mobile App”). This Privacy Notice for Mobile App Users (“Notice for Mobile App Users”) is part of and incorporates Otter Learning’s Privacy Notice and Terms of Use and applies to information collected when you use the Mobile App, create an account or register with the Mobile App, or submit your information through the Mobile App.

Please note that the Mobile App is not owned by Otter Learning and, as such, is governed by Procare’s Privacy Policy and Terms of Service.

Consent. By downloading the Mobile App, registering or creating a user profile on the Mobile App, or submitting information via the Mobile App, you acknowledge this Privacy Notice for Mobile App Users and Procare’s Privacy Policy and you consent to the collection and use of information as described therein. If you do not agree with these policies and practices, you should not download the Mobile App. The Mobile App functions are only accessible to you if you register or create a user profile.

Data Collected. The Mobile App collects data from you and about you and your child as described in Procare’s Privacy Policy and Terms of Service.

Childcare Information. The Mobile App collects and maintains information about your child’s educational experience from childcare center staff including daily reports, attendance, photos, and other information.
Information Collected from You. The Mobile App collects and maintains certain personal information (such as your name and email address) in order to save your profile, associated accounts, photos, and comments associated with it. The Mobile App uses cookies to enable these and any other login based features. You can block or delete the cookies, but this may affect your Mobile App user experience. The Mobile App also collects and maintains personal information from you depending on your use of the Mobile App, such as pictures or comments you upload in order to take advantage of certain Mobile App features, but your decision to utilize these features and provide such data is voluntary.
Anonymous Data. The Mobile App collects anonymous data from every Mobile App user to monitor traffic and fix bugs. This information may include web requests, the data sent in response to such requests, the Internet Protocol address, the browser type, the browser language, and a time stamp for the request.

You may view, change and remove your data associated with your profile. Should you choose to modify or delete your account, please contact Otter Learning via email at contact@otterlearning.com or at (865) 315-7458. You can also modify your notification preferences by clicking the appropriate link included in the footer of email notifications generated through the Mobile App.

Use of the Data. The Mobile App will use your data as described in Procare’s Privacy Policy and Terms of Service. In general, the Mobile App uses your personal information to provide you with the Mobile App’s services, to communicate with you by email, phone, or other means about the Mobile App and Otter Learning’s services, and to send you marketing communications.

Emails. As a Mobile App user, you may receive promotional emails relating to Otter Learning, Procare, or third parties that may interest you.
Text Messages. When you register or create a user profile on the Mobile App, Procare will ask for your wireless number to allow Otter Learning to send you informational text messages related to your childcare services. You can unsubscribe from text messages by replying STOP or UNSUBSCRIBE to any of these text messages. Messaging and data charges may apply to any text message you receive or send. Please contact your wireless carrier if you have questions about messaging or data charges.
Photos, Videos and Comments. One of the Mobile App’s features is the ability for childcare center staff to upload and share photos and videos of enrolled children, and the ability for parents and guardians to upload photos and videos and to post comments via the Mobile App. When childcare center staff use the photo or video feature, the Mobile App uses a tagging functionality to prompt the staff member to identify each child in the photo or video, whether alone or in a group setting, and allows the staff member to share the photo or video with the parents and guardians of identified children, as well as others the parent or guardian authorizes to receive updates via the Mobile App. If you register or create a user profile on the Mobile App, childcare center staff may take photos or videos of your child and share those photos or videos via the Mobile App, email or text message. If you prefer that photos or videos of your child not be shared with other Mobile App users, then you can request that childcare center staff only take photos or videos of your child, and do so singly and not in groups, and also only share those images with you. In this case, if childcare center staff identify your child (via tagging functionality) as appearing in a group photo or video, the Mobile App will alert the staff member to not share the photo or video with other Mobile App users. If this is your preference, please contact your school Director or Otter Learning Support via email at contact@otterlearning.com or at (865) 315-7458. If you do not consent to your child appearing in any photos or videos and/or withdraw photo and video consent altogether, you should delete your Mobile App user account and inform your Center Director that you do not want your child to appear in individual or group photos or videos.

Sharing Your Data. Data collected by the Mobile App, including your personal information, will only be shared as described in this Mobile App Privacy Notice and the Procare Privacy Policy. In general, this means your personal information may be shared as appropriate to carry out your request, to enforce the Procare’s Privacy Policy or Terms of Service or a provision of Otter Learning’s Privacy Notice or Terms of Use, to address fraud or security issues, or as otherwise legally permissible. Like many commercial apps, the Mobile App may use third-party analytics services to collect anonymous usage information for the purpose of product improvement.

Using the Mobile App. To use the Mobile App, you must have a compatible mobile telephone or handheld device, Internet access (if required by the Mobile App), and the necessary minimum specifications (“Software Requirements”) to use the Mobile App. The Software Requirements for Apple iOS devices and Android OS devices can be found on the relevant App Store page. The Mobile App software may be upgraded from time to time to add support for new functions and services. The Mobile App may request certain privacy permissions from time to time including, but not limited to, access to your device camera or choosing images from your device or access to your device microphone and associated features.

You acknowledge that the terms of agreement with your respective mobile network provider will continue to apply when using the Mobile App. Data and messaging charges may apply to your use of the Mobile App or any text messaging or photo sharing features you use via the Mobile App. You may also incur third-party charges. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone or handheld device being used to access the Mobile App, you will be assumed to have received permission from the bill payer for using the Mobile App.

The Mobile App is currently made available to you for your personal (noncommercial) use and may be amended or withdrawn, or the Mobile App or services may incur a charge, at any time and for any reason.

Children Under 16. The Mobile App is not intended for use by children under 16 years of age. Otter Learning does not knowingly collect personal information from children under the age of 16 who may download or use the Mobile App, and does not want to include any such information in our customer databases without first obtaining parental consent. If you are under 16, do not use the Mobile App or provide any information, make purchases, or use interactive features via the Mobile App. Any personal information entered by a child under 16 without verification of parental consent will be deleted if discovered.

Your Rights. You have the right to submit a complaint or object to the Mobile App’s collection and use of your information at any time, or to require the review, transmission, change, or deletion of your personal information. You may also have the right to request certain information regarding disclosure of personal information collected via the Mobile App to third parties for their direct marketing purposes. You can exercise these rights, express concerns, or obtain additional information about the use of your personal information by visiting https://www.procaresoftware.com/user-support/.

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