K To The 8th Power Privacy Policy

Last Updated: November 23rd, 2009

K to the 8th Power, Inc., ("K to the 8th") respects your privacy and has established this privacy policy ("Privacy Policy") to let you know how we collect, use, share, and protect information that we retain on an individual. This Privacy Policy applies to information collected on the public web site, www.kto8.com, ("Web Site"), information gathered as a result of your use of the K to the 8th Learning Management System ("LMS"), and information stored in the LMS.

K to the 8th reserves the right to change this Privacy Policy at any time. The most current version is always available by clicking on the "Privacy Policy" link located at the bottom of the home page of the Web Site. Any changes to our Privacy Policy will become effective upon posting of the revised Privacy Policy. You can tell when this policy was last revised by referring to the "Last updated" legend at the top of this page.

By using the Web Site and/or LMS, you agree to the terms of this Privacy Policy in effect at the time of use. If you do not agree to the terms and conditions of this Privacy Policy, please do not use the Web Site and/or LMS.

Information We Collect

The information gathered through the Web Site and LMS falls into two categories: (1) non-personally identifiable information that is routinely gathered as users navigate through the Web Site, and (2) personally identifiable information voluntarily supplied by users of the Web Site and/or LMS.

Non-Personally Identifiable Information

Each time you visit the Web Site, it automatically keeps track of information, including your IP address, domain name, the name of the page from which you entered the Web Site, which pages you view, and for how long you view them. This information is collected in order to improve the Web Site and for trend analysis. As with most Web sites, we may use "cookies" to track usage and to improve your experience. The cookies do not collect any personally identifiable information, and you can decline cookies. Further information about cookies is available using the help function of your Internet browser.

Use of Non-Personally Identifiable Information

Because non-personally identifiable information does not identify you, we reserve the right to use it for any purpose and to share it with third parties for any purpose. Please note that to the extent any non-personally identifiable information is combined with personally identifiable information, the combined information will be treated as personally identifiable information for as long as it is so combined.

Personally Identifiable Information

The Web Site may collect personal information you provide voluntarily in connection with requests for information, price quotes, or other materials or to satisfy other requests.

The LMS includes personal information provided during the enrollment process for a student enrolling in the K to the 8th curriculum; data submitted by users in connection with the educational activities of enrolled students; data used to provide educational services to students and their families, such as data to track student performance (test results, lessons completed, etc.).

From time to time, K to the 8th may collect and analyze student performance data and various measures of effectiveness. Such research shall always be undertaken in a way that ensures that student privacy is protected and in compliance with the Protection of Pupil Rights Amendment ("PPRA"), as revised by the No Child Left Behind Act.

Use of Personally Identifiable Information

K to the 8th uses personally identifiable information voluntarily supplied through the Web Site to fulfill requests for information, deliver services, or carry out the transactions you have requested.

K to the 8th may use personally identifiable information provided by schools and users of the LMS to enroll students, provide educational services to students and to otherwise support students, parents, and staff. K to the 8th will only use a student's personally identifiable information for these purposes (which may include disclosure to or access by affiliates acting on behalf of K to the 8th).

Student educational records are protected by the Family Educational Rights and Privacy Act ("FERPA"). K to the 8th complies with FERPA, and applies the FERPA policies of the educational agencies or institutions with which it contracts with regard to their respective students.

Any information that is included in a student's educational records may be provided to school districts or other bodies as required by state public school regulations or operating procedures either in hard copy or by granting access to the LMS.

We may disclose your personally identifiable information to third parties if we believe we are required to do so in order to comply with applicable law (including court orders and subpoenas); to comply with lawful requests from law enforcement agencies or other governmental organizations; to enforce our Terms of Use and/or to protect the rights, privacy, safety, or property of K to the 8th, our employees, or other users of the LMS; and to permit us to pursue available remedies or limit the damages that we may sustain.

In the event that all or substantially all of the assets of K to the 8th are sold or transferred to another party, your personally identifiable information may also be transferred to the acquiring entity without your consent.

Children Under 13

K to the 8th is concerned about the safety and privacy of children online. Because of this concern, we make all efforts to comply with the Children's Online Privacy Protection Act of 1998 ("COPPA"). COPPA and its accompanying FTC regulations establish United States federal law that protects the privacy of children using the Internet.

Our Web Site and LMS are not intended to solicit information of any kind from children under the age of 13, and we do not and will not knowingly contact or collect personal information from children under 13. A parent/legal guardian must provide consent in order for any child under the age of 13 to provide personal information through the Web Site and LMS and for K to the 8th to use that information.

However, as described above, the LMS includes information pertaining to children under 13 including data provided in connection with the student's enrollment in the K to the 8th curriculum, data used to provide educational services to students, data submitted by enrolled students in connection with their educational activities, and data used to track student performance (test results, lessons completed, etc.).

It is possible that by fraud or deception by others, we may receive information given to us or pertaining to children under 13. If we are notified of this, as soon as we verify the information, we will immediately obtain parental consent or delete the information from our servers. If you want to notify us of any potential wrongful receipt of information pertaining to a child under 13, please do so by e-mailing us at legal@kto8.com.

Security

K to the 8th seeks to safeguard the personally identifiable information you provide. As effective as our safeguards are, no security system is completely impenetrable, so we cannot guarantee the absolute security of our database, nor can we guarantee that personally identifiable information you supply will not be intercepted while being transmitted to us over the Internet.

Links

The LMS and/or Web Site may contain links to other web sites or other resources that are provided for your convenience. Third party web sites are not under K to the 8th's control, and any information you provide on other web sites is governed by the privacy policies of the operators of those web sites, which may differ from ours.

Contact Us

If you have any questions regarding this Privacy Policy, please contact us by e-mail at legal@kto8.com. Please note that e-mail communications may not be secure. Accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.