Privacy policy

If you have any questions about this Privacy Policy, please contact us at info@blackbirdcode.com.


Introduction

This Privacy Policy governs your use of and access to our website, software, and services (together, the “Application”) and covers how we collect, use, disclose, retain, and protect your information. If you are under the age of 13, there are special privacy requirements that apply to you; see section 3A below.

 

This Policy is a legally binding agreement between you and Blackbird Code, Inc., an Oregon corporation (“we” or “us” or “our” or “Blackbird Code”). By using our Application, you agree to be bound by the terms of this Privacy Policy and our other Rules and Policies (see below).


Please note that this Privacy Policy does not apply to any information that we collect or receive through any means other than our Application.
If you do not understand or agree to be bound by this Privacy Policy, do not use our Application until we have answered your concerns to your satisfaction.

 

We may change this Privacy Policy at any time. We will provide you with notice of any material change and tell you when such changes will be effective. We may provide this notice to you by email or by posting a notice on our website. It is your responsibility to review any changes to this Privacy Policy. By continuing to access or use our Application following notice of any change to this Privacy Policy, you acknowledge that you have read, understand, and agree to this Privacy Policy as changed.


Our Rules and Policies

This Privacy Policy is incorporated into and is part of our Terms of Use. Any capitalized terms that are used but not otherwise defined in this Privacy Policy are defined in the Terms of Use.

 

Information Collection and Use

(A) Privacy of Children Under 13.

Some of the information and services available through our Application are directed towards children under 13. Accordingly, this Privacy Policy is designed to comply with the Children’s Online Privacy Protection Act (COPPA), which requires that we clearly and comprehensively describe our practices (and the practices of any third party who collects personal information on our Application) related to the collection of personal information from children under 13.

 

Children under 13 can only use the Application under two circumstances:

  1. If we receive confirmation from a parent or guardian. This would be the case for any student under 13 who signs up individually, not in a class.

  2. If the account is created by a school or other organization. In this case, the account will not include identifiable personal information. An email address may be included, but not an email which can be contacted using regular email. (Many schools issue email addresses which can only be contacted by the schools themselves). In this case, the school should not include the full last name, just a last initial.

 

No other personal information will be collected for children under the age of 13. We normally do not know the age or birth date of students, so any students in middle school are treated as potentially under 13.

 

Schools and organizations (and their administrators, instructors, etc.) agree not to provide us any personally identifying information about any student under 13, other than their first name, last initial, and an email which cannot be used except by the school or organization itself.

 

Also see below for information collected by services we use.

 

(B) Who is Collecting Personal Information?

If you use or access our Application, your personal information may be collected (directly or indirectly) by:

(B.1) Blackbird Code (in accordance with this Privacy Policy);

(B.2) Google Analytics (for website tracking and analytics);

(B.3) Clever (for account registration and login credentials);

(B.4) Stripe (for payment processing);

(B.5) Sengrid (for email marketing and related purposes).

 

If you have questions or would like information about who is collecting your personal information and their privacy policies and practices, please contact us at:

Blackbird Code, Inc.
3746 NE Holman
Portland, Oregon 97211
(503) 470-3227
info@blackbirdcode.com

 

(C) What Information is Collected?

(C.1) Personal Information. Personal information is information or data that can be used to identify or contact you.

Generally, the personal information that we collect depends on how you create your account with us, as discussed below.

(C.1.a) Children under 13.

First name and last initial only. We may collect an email address, but not one which can be used to contact you.

(C.1.b) Adults and children 13 and over.
We will ask for first name, last initial (or more) and a working email address. A phone number may be requested, but not required.
(C.1.c) Persistent or Anonymous Identifiers.

 

We may collect and use your persistent or anonymous identifiers (such as your IP address, browser cookies, or unique device identifier, which can be used to recognize a specific user over time and across different websites).

 

We will only collect and use this information to the extent reasonably necessary to operate our Application, including to (1) maintain or analyze functionality; (2) perform network communications; (3) authenticate users or personalize content; and (4) protect the security or integrity of users and our Application.

 

We never use your persistent or anonymous identifiers to track you across third-party apps or websites. (Which is not to say that other people can’t track you.)

 

Please see Section Tracking Technologies We May Use for more information.

 

(C.2) Non-Personal Information.

Non-personal information is information or data that (on its own) cannot be directly associated with you.

 

We collect certain non-personal information that is automatically sent to us by your computer, mobile device, or other device or equipment that you use to access our Application.

 

Non-personal information that we may collect includes:


(C.2.a) Google Analytics statistics;
(C.2.b) clickstream information and referral URLs;
(C.2.c) usage statistics and data about the websites and webpages you visit and access, including date and time stamps;
(C.2.d) your browser type and IP address;
(C.2.e) your device type and device ID (or other unique identifier); and
(C.2.f) other web log data and information.

 

(C.3) Your Content.

Content you create in our Application may be shared with your instructors or administrators, and with your parents. You will also have the option to share this content with others; such sharing is voluntary but cannot be revoked (since they can make copies). You can remove this content from active use, but our system keeps records you can’t remove except by contacting us to request it.

 

We reserve the right to make changes to your content stored in our Application, especially to remove inappropriate or personally identifying information.

 

You agree not to include your personal information, or that of anyone else, in our Application.

 

(C.4) Your Transaction History.
We may collect and retain information related to your transactions related to the Application, but we do not collect or retain any of your financial account information or your billing address. This information is collected and stored by Stripe (our third-party payment processor).

 

(C.5) Other Information You Provide to Us.

We may also collect certain information that you provide to us, including:

 

(C.5.a) your date of birth
(to verify your age; we do not save or store this information – only whether or not you are under 13).
(C.5.b) information that you provide in your communications with us.
If any of the information that you provide to us is personal information, we will handle the information in accordance with Section 3.

 

(C.6) Tracking Technologies We May Use.

(C.6.a) Log Data. We may collect certain information that your web browser sends whenever you use or access our Application.

(C.6.b) Cookies. Cookies are small strings of text or other information sent by web servers to a web browser. Cookie files are stored in your web browser (or on your computer) and provide a unique identifier that sends information back to the web server each time the web browser requests a page from the web server. This enables the web server to recognize and track your web browser.

 

Cookies can be “persistent” or “session” cookies. Persistent cookies remain stored on your computer until deleted. Session cookies are deleted from your computer when you close your web browser. Examples of the type of cookies that we may use include:

analytics cookies (which monitor how you reached our website, and how you interact with and move around our website);
our cookies (or “first-party cookies”, which are necessary for the functionality of our Application);
personalization cookies (which are used to recognize you when you return to our website);
security cookies (which help identify and prevent security risks by authenticating users and protecting user information from unauthorized access);
site management cookies (which are used to maintain your identify or session on our Application so you are not logged off unexpectedly); and
third-party cookies (which may be placed on your browser or computer when you access our Application from third parties listed above under Who is Collecting Personal Information?).

 

We may use these types of cookies to relate your use of and activity on our Application to your personal information. We may also use encrypted cookies to authenticate your identity on the Application after you log into your account.

 

Most browsers are set to accept cookies by default. You can refuse cookies by turning them off in your browser and you may opt out third-party cookies. Our Application should work fine if you turn off third-party cookies.

 

For additional information about cookies, please visit www.aboutcookies.org.
(C.6.c) Web Beacons.

Our Application and emails from us may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs). We use these to count the number of users who use or access or Application and open emails, and for other uses (such as verifying system and server integrity).
(C.6.d) Google Analytics.

We may use Google Analytics to analyze your use of our Application. Google Analytics generates statistical and other information about Application use by means of cookies. This information is used to create reports about the use of our Application. Google will store and use this information, as well. Google’s privacy policy is available at http://www.google.com/privacypolicy.html.

 

(C.7) Combined Information.

If we (intentionally or unintentionally) combine any of your non-personal information with any of your personal information for any reason, we will treat the combined information as personal information (for as long as it is combined).

 

(C.8) Do Not Track.
“Do Not Track” is a privacy preference that you may enable in your web browser. If you turn on the “Do Not Track” signal, your browser sends a message requesting that our website does not to track your activity across different websites and online services. Currently, our website does not respond to “Do Not Track” browser settings or signals since we don't track you anyway. For information about Do Not Track, please visit: www.allaboutdnt.org.

 

(D) How Do We Use Your Personal Information?

To the extent permitted by applicable law, we may use your personal information in the following ways:

 

(D.1) Our Application.
We may use your personal information to (a) provide you with access to and use of our Application, (b) allow you to use certain features of our Application, (c) operate, improve, and personalize our Application, (d) monitor and analyze usage data and trends, and (e) communicate with you regarding your use of our Application.

(D.2) Customer Support.
We may use your personal information to provide you with customer support.


(D.3) Security.

We may use your personal information to detect, prevent, and mitigate fraudulent or illegal activities.

(D.4) Legal Obligations.
We may use your personal information to respond to requests from law enforcement or government authorities and to comply with court orders or other legal process.

 

We will anonymize or de-identify your personal information before using it for any other purposes.


(E) How Do We Share Your Personal Information?

We do not sell your personal information and will not share more information than is reasonably necessary for you to access or use the Application.

 

To the extent permitted by applicable law, we may share your information in the following ways:

 

(E.1) Your Permission.

We may share your personal information when we have your express written permission to share it with a particular party, or pursuant to your written request.

 

(E.2) Service Providers.
We may share your personal information with third-party service providers that provide business, professional, or technology support functions for us.

 

(E.3) Legal Obligations.
We may disclose your personal information as required by law (for example, in response to a court order or subpoena).

 

(E.4) To Protect Us and Others.
We may share your personal information if we believe that doing so is reasonably necessary to protect you or others (including us) from criminal, civil, or other liability.

 

(E.5) With Your Parents.

We may share your personal information with your parent (upon verifying their identify as your parent). See Section What Rights do Your Parents Have? (What Rights do Parents Have?) for more information.

 

(E.6) Business Transfers.
We may share your personal information if we are acquired by or merge with another company. If this occurs, we will notify you (by email or a prominent notice on our website) of any choices you may have regarding your personal information before your personal information is transferred and becomes subject to a different privacy policy.

 

We will anonymize or de-identify your personal information before sharing it for any purposes not listed here.

 

(F) What Rights do Your Parents Have?

If you are under 13, your parents have certain rights related to your personal information, including:

 

(F.1) Your parents can review your personal information, direct us to delete it, and refuse to allow us to continue to collect or use your information.

 

However, please note that all accounts need to have a first name, last initial, and an email -- which need not be working. Accounts created through schools do not require an email.

 

Please note that copies of your information may remain in cached or archived form in our systems or backups after we delete it.

 

(F.2) Your parents can agree to the collection and use of your information, but still not allow disclosure to third parties.

 

Your parents can exercise these rights by contacting us via email at info@blackbirdcode.com. We will require your parent to authenticate themselves as your parent to receive information about you and to exercise any parental rights.

 

If you are a California resident under 16 years of age, you may have additional rights regarding the collection and sale of your personal information. Please see Section California Privacy Rights (California Privacy Rights) for more information.

 

(G) Exceptions to Parental Consent.

We may collect some of your personal information without first getting your parent’s verifiable consent as follows:

(G.1) we may collect your and your parent’s name and online contact information to notify them of our information practices and request their verifiable consent for us to collect, use, and share your information;

(G.2) we may collect your online contact information to respond directly to your specific, one-time request;

(G.3) we may collect your and your parent’s online contact information to respond directly more than once to your specific request (for example, if you want to receive updates or our newsletter);
(G.4) we may collect your and your parent’s name and online contact information to protect your safety;
(G.5) we may collect your name and online contact information to protect the security or integrity of our Application; or
(G.6) we may collect your persistent or unique identifier to provide support for our internal operations.

 

4. Use of Your Content for Marketing Purposes

We are proud of the projects and other content that you create using our Application, and occasionally we may want to use your content to promote and market our Application. If we use your content in this way, we will remove all personal information (if any) from your content and otherwise will not disclose that you created the content (or any other information about you). We will simply use it as an (anonymous) example of the type of content that students can create using our Application.

 

You hereby consent to our use of your content for this limited purpose. You (or, if you are under 13, your parent) can revoke your consent at any time by contacting us at:

 

Blackbird Code, Inc.
3746 NE Holman
Portland, Oregon 97211
(503) 470-3227
info@blackbirdcode.com

 

5. Your Choices

We adhere to all anti-SPAM laws and provide you with the ability to exercise certain control and make certain decisions regarding our collection, use, and disclosure of your information.

 

You can contact us at info@blackbirdcode.com or use online links to take any of the following actions:

(a) select or modify your communication preferences; or
(b) update your personal information.
Please note that even if you unsubscribe from promotional emails, you will still receive communications from us regarding your account.

 

6. Data Storage and Retention

We will retain your personal information as long as reasonably necessary to provide you with our Application. Additionally, we may retain information from any closed account for a certain period of time to comply with legal and regulatory obligations, resolve disputes and claims, prevent fraud, collect any fees owed, assist with any investigation, enforce this Privacy Policy and our Terms of Use and take any other actions permitted by law, and otherwise use and disclose in a manner consistent with this Privacy Policy.

 

Since students are likely to want their progress, programs, and other information to be retained over time (so they can return to learning if they stop for a while), we will hang on to the information until requested by you or your parent, or until required by law to delete it.

 

7. Security

We use Amazon Web Services and otherwise have implemented certain technical, physical, and administrative policies and procedures to prevent unauthorized access, maintain data security, and avoid improper use and disclosure of your personal information. The level of security used is based on the type and sensitivity of the information being protected.
We do not store payment information.

 

Although we have taken these measures and safety precautions, we cannot guarantee that your personal information will never be accessed, disclosed, altered, or destroyed in a manner that is inconsistent with this Privacy Policy.

 

If we discover any unauthorized access to or use of your personal information, we may attempt to notify you electronically so that you can take appropriate protective steps.

 

By using our Application or otherwise providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your personal information and your use of our Application. We may post a notice on our website if a security breach occurs. We may also send an email to you.

 

Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should contact us at info@blackbirdcode.com.

 

8. California Privacy Rights

If you are a California resident, you may have the following additional rights:

 

California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by us to third parties for the third parties’ direct marketing purposes.

 

California Business and Professions Code Section 22581 permits registered users who are minors to request and obtain deletion of certain posted content.

 

To make a request under this section, please write to us at:

 

Blackbird Code, Inc.
3746 NE Holman
Portland, Oregon 97211
info@blackbirdcode.com

 

9. Communications

If you no longer wish to receive our promotional communications, you may opt out by following the instructions included in each communication, or by contacting us at info@blackbirdcode.com.

 

We reserve the right to send you certain communications relating to our Application, including notifications, service announcements, and administrative messages. Generally, you may not opt-out of these communications without closing your account.

 

10. Contacting Us

If you have questions or concerns regarding this Privacy Policy, please contact us using the contact information below:

Blackbird Code, Inc.
3746 NE Holman
Portland, Oregon 97211
(503) 470-3227
info@blackbirdcode.com

 

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