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Kimono Privacy Policy

Last Updated: Sep 08, 2016 03:28PM MDT
Privacy Policy

 
Privacy Policy Introduction
 
This Privacy Policy tells what Kimono will and will not do with three kinds of information that may be on Kimono's systems:
  • Student Personal Information: personally identifiable information and other data about students associated with a school or other entity (the Organization) that stores data on Kimono systems.
  • Other Personal Information: personally identifiable information and other data about faculty, staff, parents and other people associated with a school or other entity (the Organization) that stores data on Kimono systems.
  • User Information: information about the users of our system - those people at a school or other entity (the Organization) who interact with Kimono LLC and its personnel for operational, business, billing, communications or other purposes, including but not limited to those that have login user names, passwords, and access rights to all or part of the Kimono system.
For example, if a User works for a school and uses Kimono to send student records from one educational application to another, then that record information may include student names and other privacy-sensitive information; such records would constitute "Student Personal Information" while the User's own name, email address, and password would constitute "User Information." Records with personally identifiable information about parents or staff would be "Other Personal Information."

Student Personal Information - General

Kimono Users apply Kimono services to manage data in various ways. That data may include Student Personal Information. 

At all times, each Organization owns and maintains the data it has sent to or placed with Kimono, including all Student Personal Information.
 
Student Personal Information - How Is It Used?
 
Kimono does not use Student Personal Information in any way. We do not review it, we do not look at it, we do not copy all or any part of it to any third party, we do not attempt to review it or analyze it for direct or indirect advertising or marketing.

Occasionally, in the course of assisting a User, a Kimono employee may see or use specific Student Personal Information to help diagnose a problem. Kimono will not record or keep that Student Personal Information apart from the Organization's designated space in Kimono's systems. Kimono employees are trained to never copy, transmit, share, or otherwise use that Student Personal Information except in the course of the specific assistance being provided to the User. Once the problem is resolved, Kimono deletes any data that was temporarily stored by the support person.
 
Student Personal Information is always kept private and always belongs to the Organization, never to Kimono, regardless of whether it is used to deliver service, provide support, or manage the account.
 
The Organization uses Kimono's systems to transmit information between software applications used by the Organization. This information will include Student Personal Information. Kimono will only transmit data to and receive data from systems that have been authorized by the Organization. Kimono has no ability to control the security of Student Personal Information in another entity's system.
 
Kimono supports access to and correction of Student Personal Information by the Organization using Kimono's standard update mechanisms. The affected student or their authorized parent or legal guardian must provide such changes to the Organization, and the Organization will have access to the Kimono update mechanisms. Kimono personnel will not manually edit any Student Personal Information.
 
Other Personal Information

Kimono Users apply Kimono services to manage data in various ways. That data may include Other Personal Information. 

At all times, each Organization owns and maintains the data it has sent to or placed with Kimono, including all Other Personal Information.
 
Other Personal Information - How Is It Used?
 
Kimono does not use Other Personal Information in any way. We do not review it, we do not look at it, we do not copy all or any part of it to any third party, we do not attempt to review it or analyze it for direct or indirect advertising or marketing.
 
Occasionally, in the course of assisting a User, a Kimono employee may see or use specific Other Personal Information to help diagnose a problem. Kimono will not record or keep that Other Personal Information apart from the Organization's designated space in Kimono's systems. Kimono employees are trained to never copy, transmit, share, or otherwise use that Other Personal Information except in the course of the specific assistance being provided to the User. Once the problem is resolved, Kimono deletes any data that was temporarily stored by the support person.

Other Personal Information is always kept private and always belongs to the Organization, never to Kimono, regardless of whether it is used to deliver service, provide support, or manage the account.
 
The Organization uses Kimono's systems to transmit information between software applications used by the Organization. This information will include Other Personal Information. Kimono will only transmit data to and receive data from systems that have been authorized by the Organization. Kimono has no ability to control the security of Other Personal Information in another entity's system.
 
Kimono supports access to and correction of Other Personal Information by the Organization using Kimono's standard update mechanisms. The affected person or their authorized parent or legal guardian must provide such changes to the Organization, and the Organization will have access to the Kimono update mechanisms. Kimono personnel will not manually edit any Other Personal Information.
 
Data Security
 
Kimono promises to all its customers that we take strong, industry standard, commercially reasonable measures to protect the privacy of all persons associated with your efforts, especially personally identifiable information such as Student Personal Information, Other Personal Information and User Information. Industry-standard encryption over SSL / TLS is used for all transmissions; Kimono does not permit unencrypted transmission of data to or from its systems. Firewalls, encryption, and/or other industry standard techniques are applied to protect Kimono's systems from harm or data corruption. User names and passwords are used to ensure that only Users and Kimono employees with a need and proper authorization have access to the systems.
 
FERPA
 
If the United States Family Educational Rights and Privacy Act (FERPA) as amended applies to any of an Organization's data, Kimono is to be considered that Organization's agent. Under FERPA, Kimono LLC ("Kimono") is an agent of the Organization (a school district or other education agency) for purposes of transmitting student records that include personally identifiable information. Kimono is a contractor as described in Title 34, Chapter 99 of the Code of Federal Regulations; the specific reference is 34 CFR 99.31(a)(1)(i)(B). FERPA allows the Organization to transmit such records via Kimono under certain conditions; the rest of this statement sets forth how Kimono meets those conditions.
 
  • As a contractor, Kimono has the right to transmit such records to fulfill the purposes for which the Organization has engaged Kimono's services
  • The Kimono platform operates to transmit electronic information between other data systems, which are under the control or direction of the Organization
  • The Organization is responsible for setting internal policies to ensure FERPA compliance; Kimono is responsible for helping the Organization follow its policies when using Kimono services
  • Except for incidental viewing during extended system administration and troubleshooting tasks, a user of the Kimono platform's web console does not typically see individual student records, Student Personal Information, or Other Personal Information.
  • The Kimono platform isolates customers such that users from one Organization have no access to data from other Organizations except as authorized.
  • Kimono commits that it will train its personnel to not disclose any data to any other party without the prior consent of the parent or eligible student, in accordance with 34 CFR 99:33(a).
  • The Organization is responsible for securing the systems that exchange data with Kimono
There are two points at which disclosure of electronic student data may be possible:
  • Transmission over the Internet between the Kimono Platform and another system used by the Organization. SOLUTIONS: All transmissions are encrypted using industry standard TLS / SSL methods. Transmissions are only made to or received from systems that have been specifically authorized by Organization personnel.
  • Use of the Kimono platform's web console as indicated above for system administration and troubleshooting. SOLUTION: The web console is secured by user account, and the Organization designates which of its technical personnel may have user accounts and will only grant such access in accordance with Organization policy. By virtue of contracting with Kimono, the Organization policy covers Kimono personnel.
Non-FERPA Privacy Commitment
 
If FERPA does not apply to your data for any reason, we promise to apply at least the same care to the privacy and security of your data as we do with FERPA-covered data.
 
User Information - General
 
Kimono collects and receives information about its Users in order to provide services to those Organizations and Users. This information includes but isn’t limited to contact information, organizational role, system information, application information, user name, password, and billing arrangements. All Users are assumed to be 18 or over, since they are employees of school districts, other education entities, or companies.
 
Kimono will on occasion share user information with third parties to help provide services to its users. All such third parties are under contract to adhere to this Privacy Policy or to similarly protective policies.
 
Kimono and its service providers and partners under the above conditions are the only organizations that collect or maintain personal information from users of the Kimono website and associated services.
 
User Information - What Is Collected?

Kimono collects the following information about each user, either from the organization in the course of account creation or from the user personally when the user registers:
  • Complete name
  • Email Address (also used as user name)
  • Password
Kimono collects the following information about the organization with which a user is affiliated:
  • Organization Name
  • Organization Address
  • Organization Telephone number(s)
  • Organization Website address
  • NCES ID (if applicable)
  • Approximate student enrollment count (if applicable)
  • Application information
  • Billing information
User Information - How Is It Used?

We use the user's name, email address, and password, as well as the organization information and Kimono-internal information in the following ways:
  • To fulfill actions requested by the user or their organization
  • To maintain registration and account information for the organization
  • To provide information about products and services. Users may opt out of this offering at any time.
User information is always kept private, regardless of whether it is used to deliver service, provide support, or manage the account.
 
Except as set forth elsewhere in this policy, we do not copy all or any part of User Information to any third party, and we do not attempt to review it or analyze it for direct or indirect advertising or marketing.
 
Using our Service; Third Parties
 
Kimono does not share information with anyone not associated with Kimono LLC or a partner organization that has agreed to protect data privacy as set forth in this Privacy Policy, except when directed to by the User or Organization that owns the data or when required to by proper legal process. When a legal process is applied, Kimono will attempt to notify the User or Organization if at all possible and ascertain that party's wishes before turning over any data.
 
For each activity or function on our service, we do not require a User to give us any more User Information than the minimum necessary for us to provide that function. As new features are brought online, participation in them may require the collection and use of User Information beyond the types specifically listed in this privacy policy as written now, but Kimono will continue to meet the standard of only requiring the minimum. Similarly, some new features or services provided now or in the future by Kimono may require disclosure of User Information to third parties engaged in providing those features and services.
 
Kimono utilizes third party companies to deliver its services. These third parties provide cloud computing, data storage, data management and related services to Kimono and are not authorized to use User Information, and do not have access to Student Personal Information or Other Personal Information for their own purposes.
 
Use of a feature that involves a third party may result in the transmission of Student Personal Information and/or Other Personal Information to that third party. (A very common example is when an Organization uses Kimono to automatically provision such Information into an instructional software system hosted by a third party company.) Users and Organizations should carefully consider the privacy policy and practices of such third parties before using such a feature. It is the responsibility of the Organization to ensure that the third party protects data appropriately.
 
Kimono has no plans to sell the company or divest itself of its services. However, in the case of a merger with or acquisition by another entity, by using Kimono services you authorize the successor entity to maintain the Student Personal Information, Other Personal Information, and User Information and the successor entity is bound to all terms of this Privacy Policy for all data transmitted, received or stored up to the date of the merger or acquisition.
 
Updates to this Policy
 
The Kimono Privacy Policy and other Kimono policies may change from time to time. If a policy change affects how we use Student Personal Information, Other Personal Information, or User Information, we will first notify Organizations and Users according to the email or similar electronic contact information we have on file before any changes take effect. It is the responsibility of individual Organizations and Users to ensure Kimono is aware of changes in contact information. Kimono will not reduce your rights under this Privacy Policy or lower the protection of any type of information - Student Personal Information, Other Personal Information, or User Information - unless compelled to by law. Privacy Policy changes will also be posted on this page.
 
Contacting Us About Privacy
 
If you have a specific privacy question, please contact us at:
Kimono LLC
Chief Privacy Officer
35 West Broadway Suite 103
Salt Lake City, UT
Telephone: 877-262-9143
 
support@kimonocloud.com
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