Scoutlier by Aecern, LLC
Privacy Policy

Aecern, LLC (“Aecern,” “we,” “our,” or “us”) operates the Scoutlier platform to provide a secure place for educators and students to share educational materials. This Privacy Policy describes how we use and share personal information collected by our website at Aecern.com, Scoutlier.com, the Scoutlier platform, the Scoutlier mobile app, and any associated services (collectively “Scoutlier”). Our Policy also describes the choices you and parents can make about how we collect and use your information.

We value and prioritize the privacy of the students and educators who use the Scoutlier service. As is described more fully below, we commit to the following:

• We will be transparent about data collection privacy security practices;
• We do not own content posted to the Scoutlier service by students and educators;
• We do not advertise on the Scoutlier platform and will not use personal information that we collect to create advertising profiles;
• We will not sell or release personally identifiable information (“PPI”) of Students for commercial purposes; and
• We will comply with applicable laws and regulations such as the Children’s Online Privacy Act.

Please read the Privacy Policy below carefully. By using Scoutlier, you are agreeing with this Privacy Policy. If you do not agree with the Privacy Policy, please do not use Scoutlier.

Individuals, such as teachers, coaches, parents, or school representatives, who create Scoutlier accounts are referred to as Educators (or as “You”). If a school, school district, or other educational (“School”) agency establishes one or more Scoutlier accounts, the School shall designate one or more Educators authorized to create and access the School’s Scoutlier account. Educators and Students who use the Scoutlier service are collectively referred to as “Users.”

You can choose to create a Scoutlier account using a third-party sign-in service, such as Google or Microsoft. Their Privacy Policies can be found here: Google; Microsoft.

You can choose to integrate the Scoutlier service with Google Classroom and Google For Education. The Privacy Policy can be found here: Google for Education.

1. How Does Scoutlier Collect Information?

• Account / Educator Information: When You create an account on Scoutlier, we collect information that You provide or information provided by a third-party sign-in service, such as Google, Google Classroom, or Microsoft.
• Student Information: You do not have to provide Student information to use Scoutlier. In this case, Students will enter their name, nickname, or other identifiers that You establish with them when they submit work. If You choose to create one or more Student Classrooms within Scoutlier, we collect the Student information that You provide or information provided by the third-party provider, such as Google Classroom.
• Assignments: Educators may use Scoutlier to create Assignments to use with their Students. Assignments may include text instructions and hyperlinks to external resources for how to complete the Assignment.
• Assignment Content: When an Educator shares an assignment with their Students, Scoutlier collects content that these Users submit to Scoutlier (“User Content”). User content may include photos, audio recordings, video recordings, quantitative and qualitative form data, files, notes, hyperlinks, and other ways of documenting Student learning.
• Assignment Author Profiles: Educators who choose to share assignments with their colleagues or the Community Library that provides free access to User-created Assignments within Scoutlier also share their sign-in email addresses.

Educator Information

When You register for an account as an Educator, we ask You to provide your name and an email address that can be verified unless you register through a third-party service provider, such as Google, Google Classroom, or Microsoft. In this case, we use the name, profile picture (if available), and email address (if available) that You have provided to this service. The Scoutlier Platform is available on a free and paid basis. If you create a paid account, we will also collect a credit card number and other financial information.

Student Information

We require Educators or Schools to obtain parental consent for the collection of Student personal protected information (PPI) as discussed in Section 6 of this Privacy Policy below.

You do not need to add Student Information to use Scoutlier. If you choose to create Student Classrooms, we ask You to provide student name, student ID, and your state, unless you use a third-party service provider, such as Google Classroom. In this case, Student information, name, avatar (if available), and email address (if available) are populated from the student’s account you have created with this service. Student Information is associated with User Content the student creates.

When a Student creates User Content through a Scoutlier Assignment, we collect and store the content contained in the Assignment for the purpose of providing the Scoutlier service in accordance with the consent provided by the Educator.

Automatically Collected Information

When a visitor accesses Scoutlier, some information may be automatically collected to help us understand how Scoutlier is being used and to improve Scoutlier, such as date/time stamps for each visit, browser type, operating system, Internet Protocol (IP) address, Internet service provider (ISP).

Cookies and Similar Technologies

Aecern uses cookies and similar technologies to help us provide Scoutlier. For example, these technologies can allow you to log in to secure areas of Scoutlier and help the content of the pages load quickly. We also use web beacons to help deliver cookies and gather usage and performance data.

In addition to the cookies we set, third parties can also set cookies when you visit our sites. For example:

• Companies we use or hire to provide services on our behalf, such as site analytics, may place cookies when you visit our sites.
• Companies that deliver content, such as videos and Educator or Student, include content posted to Scoutlier and place cookies on their own. These companies use the data they process in accordance with their privacy policies, which are outside the control of Aecern and for which Aecern is not responsible.

Each User has a variety of tools to control cookies, web beacons, and similar technologies, including browser controls to block and delete cookies and controls from some third-party analytics service providers to opt-out of data collection through web beacons and similar technologies. User browser settings and other choices may impact the functionality of Scoutlier.

2. Use of Personal Information

We use personal information that we collect follows:

• To provide the Scoutlier service;
• To improve and develop the Scoutlier service;
• To respond to comments and questions and provide customer service;
• To communicate with Educators but not Students about new Scoutlier features and other news;
• To comply with applicable laws, including website accessibility laws that may require transcription of audio or other methods to make User content available on Scoutlier;
• For other purposes with your permission.

3. Information We Share

We share personal information we collect to create accounts, request support, record videos, share their experiences with us, or otherwise use Scoutlier. We may also share User personal information with vendors, consultants, and other third-party service providers who need access to such information to carry out work on our behalf and at our direction. For a list of third parties with whom we share information, please contact us at info@scoutlier.com.

Aecern contracts with Microsoft Azure to provide data center and server hosting services for Scoutlier. Microsoft has robust security practices and is contractually prohibited from using any personal information stored on servers they operate for any purpose other than to operate the Scoutlier service.

We may also share User personal information for legal, protection, and safety purposes.

For example:

• We may share information to comply with applicable laws.
• We may share information to respond to lawful requests and legal processes.
• We may share information in an emergency, such as protecting the safety of our employees and agents, our Users, or any person.
• We may share information to protect the rights and property of Aecern, our agents, employees, customers, and others, including by enforcing our agreements, policies, and terms of use.
• We may disclose or transfer your personal information in connection with the sale, merger, bankruptcy, sale of assets, or reorganization of our company in whole or in part.

4. Information Users Share 

Information from Educators

Educators and Schools choose if and which external sites their Students are permitted to access through Scoutlier. External sites are governed by their respective privacy policies.

We may publish comments or feedback from an Educator about Scoutlier only if we obtain that User’s consent.

Information from Students

User Content from Students can only be seen by You, unless you choose to allow Collaboration for an Assignment. In this case, User Content can be seen by Students belonging to the same Classroom, but only for the selected Assignment. Educators can download User Content, but Students are not. We do not control and are not responsible for any such collection, use, or disclosure of User Content downloaded by Educators

5. Information Choices and Changes

Users may opt-out of providing personal information to Scoutlier at any time by uninstalling the application. Users, including parents or legal guardians of students, may also opt-out of providing personal information by emailing info@scoutlier.com to have their account removed or by asking their Educator to remove their content. Aecern will stop collecting the User’s personal information upon request but may still retain the User’s personal information as outlined in the “Data Retention” (Section 8) of this Policy (below).

Users may send requests about their personal information to our contact information in Section 14 below, including to change contact choices, opt-out of our sharing with others, and review, update, correct, or delete personal information or content. Once the User has been authenticated, we will use commercially reasonable efforts to honor these requests. We may retain an archived copy of User records as required by law. Such opt-outs may result in disruption or cancellation of Scoutlier or impairment of certain Service functionality.

6. COPPA 

6.1 Notice to Parents and Schools

Under the United States Children’s Online Privacy Protection Act and implementing regulations (“COPPA”), verifiable parental consent is required to collect, use, or disclose personal information from each Student under 13 years old. Under COPPA, personal information includes, but is not limited to, first and last name, online contact information (including a screen or user name), a photograph, video, or audio file containing the Student’s image or voice, and geolocation information. COPPA permits an Educator to act as the agent of the parent or legal guardian (“Parent”) of a Student and provide consent on behalf of the parent or legal guardian for Aecern’s collection, use, and disclosure of the Student’s personal information. By enrolling a Student under 13 to use Scoutlier, an Educator provides such consent to us and agrees that the Student’s activities while on Scoutlier are subject to our Terms. An Educator may not enroll a Student unless the Educator has notified the Student’s Parent and obtained the Parent’s consent for the Student’s participation in Scoutlier. We have provided a form for obtaining consent from Parents at: Parent Consent Form.

This Privacy Policy does not govern any collection, use, or disclosure of a Student’s personal information by a school or Educator through Scoutlier, and we are not responsible for any such collection, use, or disclosure. Parents should contact the school or Educator directly to understand the Educator’s privacy practices or request access, change, or delete information collected by a school or Educator in connection with Scoutlier that cannot otherwise be accessed, changed, or deleted described in this Privacy Policy.

6.2 Parent’s Choices Regarding Information on Students Under 13

Pursuant to COPPA, Parents of Students under 13 have certain rights with respect to our collection, use, retention, and disclosure of their Student’s information. This includes the right to review, update, or delete Student information and prohibit our sharing of Student information with third parties. Parents can exercise these rights by contacting the Student’s Educator, and the Educator should submit these requests, on the parent’s behalf, to Aecern by emailing info@scoutlier.com. When Aecern receives a request to delete Student information, we will delete the information from our live database. Deleted personal information may remain in our archives for up to 30 days. We will not have any liability whatsoever for any termination of the account or related deletion of the Student information. Notwithstanding any such requests, we may continue to share the Student information for non-Scoutlier purposes as described in Section 3, “Information We Share.”

7. Education Records and Privacy Rights

The Family Education and Privacy Act (“FERPA”), which applies to schools and academic institutions that receive federal funds, and comparable state regulations establish data security and privacy requirements for Student personally identifiable information and education records. Assignment Content uploaded by a Student or Educator may be considered a Student education record as defined by FERPA. FERPA and its implementing regulations give parents certain rights with respect to their children’s education records. These rights transfer to the Student when they reach the age of 18 or attend a school beyond the high school level. Students to whom the rights have transferred are “eligible Students.”

• Parents or eligible Students have the right to inspect and review the Student’s education records maintained by the school.
• Parents or eligible Students have the right to request that a school correct records which they believe to be inaccurate or misleading.
• With certain exceptions, schools must have written permission from the Parent or Eligible Student in order to release any information from a Student’s education record.

Educators are responsible for obtaining FERPA-compliant disclosure statements from Parents and eligible Students prior to sharing any Student information and are responsible for ensuring that any sharing of Student information is in compliance with FERPA and other applicable requirements.

Parents and eligible Students who wish to exercise their rights to inspect and correct educational records can exercise these rights by contacting the Student’s Educator, and the Educator should submit these requests, on their behalf, to Aecern by emailing info@scoutlier.com. Aecern will respond as required to such requests. 

8. Information Security

We meet and exceed industry-accepted standards to protect User data. We use security technologies and procedures to help protect your personal information from loss, misuse, and unauthorized access, use, disclosure, alteration, and destruction.

Our security measures include the following:

• We use SSL security at the network level to ensure that all account information and journal content are securely transmitted.
• Assignment Content (e.g., the photos, video, audio, data, text, and other content you add to your Scoutlier assignment) is encrypted at rest.
• Account information is stored in highly secure, access-controlled data centers operated by industry-leading partners with years of experience in large-scale data centers.
• No customer information is stored on individual Aecern employee computers.
• Aecern has taken the Student Privacy Pledge.

In the event of an unauthorized release, disclosure, or acquisition of User information, Aecern will take appropriate action and notify affected individuals (either directly or through Educators), per our Written Information Security Program and as required by applicable law. While we use reasonable efforts to protect your personal information, we cannot guarantee its absolute security.

9. Data Retention

We only store data to support educational services. We store the information we collect as long as necessary to provide the Scoutlier service and for up to 30 days in our archives when we receive a request to delete data (as described in Section 6, above). Additionally, we retain User information to resolve disputes, enforce our policies, and comply with the law.

10. How to View, Correct, or Update Personal Information

Educators can update their information by logging into their accounts and visiting the Account Settings tab on the User profile. Educators and Students may also update their information through my.Aecern.com. Parents and Students can correct, edit, or update Student information by submitting a request to the Educator. If that is not effective, the Student can contact us directly at info@scoutlier.com.

11. Deleting Account or Content

An Educator may delete their account or content, as well as any content submitted through Scoutlier (including audio, images, and videos submitted by Students), through controls provided within the Educator account, and/or by emailing your requests to info@scoutlier.com. Parents and legal guardians may also request their student’s content be deleted by emailing a request to info@scoutlier.com. We may retain deleted accounts or account content for up to 30 days to provide customer support and prevent accidental deletion.

12. Rights of A California Resident

Aecern complies with California’s “Shine the Light” law, as applicable. Aecern does not share Students’ personal information with third-party marketers.  If you are a California resident, you can request a list of personal information about you we have disclosed to third parties in the preceding calendar year, as well as the names and addresses of those third parties. You may make such a request only once per year, and you don’t have to pay for it. To make a request, send an email to info@scoutlier.com or send a written request ATTENTION DMCA AGENT, c/o Eugene R. Curry, Law Office of Eugene R. Curry, 3010 Main Street, Barnstable, Massachusetts 02630.

13. Changes to this Policy

We may make changes to this Privacy Policy from time to time. If we make changes to this Privacy Policy that we believe will materially affect your rights, we will notify you by email about these changes, post a notice to Scoutlier and change the “Last Updated” date above. If you continue to use our service after providing such notice, you agree to accept these changes. Otherwise, for non-material changes, the Privacy Policy will be updated on Scoutlier. You should consult this Policy regularly for any changes.

14. Contact Information

If you have any questions about this Privacy Policy, our Written Information Security Program, or wish to contact us, please use info@scoutlier.com, or you can reach us by mail at:

Aecern, LLC
97 Water Street
Woods Hole, Massachusetts 02543