Privacy Policy

XceptionalLEARNING is the name of a solution offering from XceptionalLEARNING Inc. In this policy we refer to our mobile learning platform, content and services as “ XceptionalLEARNING” and to the XceptionalLEARNING entity as “Company”, “our” or “we.”

This policy describes the types of information we may collect from you or that you may provide when you visit www.vergeusa.com (the “Company Site”) and our practices for collecting, using, maintaining, protecting and disclosing that information. The Company Site is intended for a general audience. Although we may permit authorized users to access the XceptionalLEARNING mobile learning platform through links provided on the Company Site, access to and use of XceptionalLEARNING is governed by separate agreements with customers and authorized XceptionalLEARNING users, including our XceptionalLEARNING Platform Privacy Policy and our Platform Acceptable Use Policy. In addition, this policy does not apply to information collected by us offline or through any other means or by any third party, including through application or content (including advertising) that may link to or be accessible from or on the Company Site.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Company Site. By accessing or using the Company Site, you agree to this privacy policy. This policy may change from time to time (see Changes to our Privacy Policy). Your continued use of the Company Site after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

CHILDREN UNDER THE AGE OF 13 AND STUDENT EDUCATION RECORDS

The Company Site is not intended for children under 13 years of age or for use in connection with student education records. We do not knowingly collect personal information from children under 13, or information that may comprise student education records, through the Company Site. If you are under 13, do not use or provide any information on the Company Site or on or through any of its features. In addition, regardless of age, you should never provide student personally identifiable information on or through the Company Site. If we learn we have collected or received personal information from a child under 13 without verification of parental consent we will delete that information.

To learn more about our practices with respect to student information entered into the

XceptionalLEARNING is the name of a solution offering from XceptionalLEARNING Inc. In this policy we refer to our mobile learning platform, content and services as “ XceptionalLEARNING” and to the XceptionalLEARNING entity as “Company”, “our” or “we.”

This policy describes the types of information we may collect from you or that you may provide when you visit www.vergeusa.com (the “Company Site”) and our practices for collecting, using, maintaining, protecting and disclosing that information. The Company Site is intended for a general audience. Although we may permit authorized users to access the XceptionalLEARNING mobile learning platform through links provided on the Company Site, access to and use of XceptionalLEARNING is governed by separate agreements with customers and authorized XceptionalLEARNING users, including our XceptionalLEARNING Platform Privacy Policy and our Platform Acceptable Use Policy. In addition, this policy does not apply to information collected by us offline or through any other means or by any third party, including through application or content (including advertising) that may link to or be accessible from or on the Company Site.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Company Site. By accessing or using the Company Site, you agree to this privacy policy. This policy may change from time to time (see Changes to our Privacy Policy). Your continued use of the Company Site after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

CHILDREN UNDER THE AGE OF 13 AND STUDENT EDUCATION RECORDS

The Company Site is not intended for children under 13 years of age or for use in connection with student education records. We do not knowingly collect personal information from children under 13, or information that may comprise student education records, through the Company Site. If you are under 13, do not use or provide any information on the Company Site or on or through any of its features. In addition, regardless of age, you should never provide student personally identifiable information on or through the Company Site. If we learn we have collected or received personal information from a child under 13 without verification of parental consent we will delete that information.

To learn more about our practices with respect to student information entered into the Verge platform and how and when FERPA may apply, please refer to our Platform Privacy Policy.

INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
WE COLLECT SEVERAL TYPES OF INFORMATION FROM AND ABOUT USERS OF THE COMPANY SITE, INCLUDING INFORMATION:
  • By which you may be personally identified, such as name, employer, job title, postal address, email address and telephone number (“personal information”);
  • We collect this information directly from you when you provide it to us by filling in forms on the Company Site, such as requests for marketing or other information.
  • That is about you but individually does not identify you; We collect this information automatically as you navigate through the Company Site, such usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies.
  • About your internet connection, the equipment or browser you use to access the Company Site and usage details.
  • We collect this information from third parties, for example, display advertising providers and social networks.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (referred to as behavioral tracking). Visit www.networkadvertising.org/choices/ for information on how you can opt out of behavioral tracking on the company site and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve the Company Site and to deliver more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize the Company Site according to your individual interests.
  • Recognize you when you return to the Company Site.
The technologies we use for this automatic data collection may include:
  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Company Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Company Site.
  • Flash Cookies. Certain features of the Company Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on the Company Site. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, visit the Flash player settings page on Adobe’s website.
  • Web Beacons. Pages of the Company Site and our emails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
THIRD-PARTY USE OF TRACKING TECHNOLOGIES.

While the Company Site does not present third-party advertising, some content or applications on the Company Site are served by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies, alone or in conjunction with web beacons or other tracking technologies, to collect information about you when you use the Company Site. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

HOW WE USE YOUR INFORMATION

We use information that we collect about you or that you provide to us, including any personal information:

  • To present the Company Site and its contents to you.
  • To provide you with information, products or services that you request from us.
  • To fulfill a purpose for which you request when you provide it.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to the Company Site or any of our products or services.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, you will be given an opportunity to unsubscribe from email communications from us at anytime.

DATA RETENTION

We will retain personal data for as long as required to offer services offered by this platform, unless a longer retention period is required by applicable law. The criteria used to determine our retention periods include:

  • The length of time we have an ongoing relationship with you and provide our services to you (for example, for as long as you have an account with us or keep using our services)
  • Whether we have a legal obligation to keep the data (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them) Or
  • Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations)
DISCLOSURE OF YOUR INFORMATION

We may disclose aggregated information about our guests to the Company Site, and information that does not identify any individual, without restriction. In addition, we may disclose personal information that we collect or you provide as described in this privacy policy:

  • To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company’s assets.
  • To fulfill the purpose for which you provide it.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent. We may also disclose your personal information:
  • To comply with any court order, law or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms of Use.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others.
CHANGES TO OUR PRIVACY POLICY

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Company Site home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting the Company Site and this privacy policy to check for any changes.

CONTACT INFORMATION

If you have questions or concerns regarding this privacy policy, please contact our Support Team at:

XceptionalLEARNING Inc, 2007 W Hedding St, Suite 214 San Jose, CA 95128 United States, or via email at: support@learnwithverge.com in the US. you may also call us toll-free at 1 (800) 381-3445.

platform and how and when FERPA may apply, please refer to our Platform Privacy Policy.

INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
WE COLLECT SEVERAL TYPES OF INFORMATION FROM AND ABOUT USERS OF THE COMPANY SITE, INCLUDING INFORMATION:
  • By which you may be personally identified, such as name, employer, job title, postal address, email address and telephone number (“personal information”);
  • We collect this information directly from you when you provide it to us by filling in forms on the Company Site, such as requests for marketing or other information.
  • That is about you but individually does not identify you; We collect this information automatically as you navigate through the Company Site, such usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies.
  • About your internet connection, the equipment or browser you use to access the Company Site and usage details.
  • We collect this information from third parties, for example, display advertising providers and social networks.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (referred to as behavioral tracking). Visit www.networkadvertising.org/choices/ for information on how you can opt out of behavioral tracking on the company site and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve the Company Site and to deliver more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize the Company Site according to your individual interests.
  • Recognize you when you return to the Company Site.
The technologies we use for this automatic data collection may include:
  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Company Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Company Site.
  • Flash Cookies. Certain features of the Company Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on the Company Site. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, visit the Flash player settings page on Adobe’s website.
  • Web Beacons. Pages of the Company Site and our emails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
THIRD-PARTY USE OF TRACKING TECHNOLOGIES.

While the Company Site does not present third-party advertising, some content or applications on the Company Site are served by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies, alone or in conjunction with web beacons or other tracking technologies, to collect information about you when you use the Company Site. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

HOW WE USE YOUR INFORMATION

We use information that we collect about you or that you provide to us, including any personal information:

  • To present the Company Site and its contents to you.
  • To provide you with information, products or services that you request from us.
  • To fulfill a purpose for which you request when you provide it.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to the Company Site or any of our products or services.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, you will be given an opportunity to unsubscribe from email communications from us at anytime.

DATA RETENTION

We will retain personal data for as long as required to offer services offered by this platform, unless a longer retention period is required by applicable law. The criteria used to determine our retention periods include:

  • The length of time we have an ongoing relationship with you and provide our services to you (for example, for as long as you have an account with us or keep using our services)
  • Whether we have a legal obligation to keep the data (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them) Or
  • Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations)
DISCLOSURE OF YOUR INFORMATION

We may disclose aggregated information about our guests to the Company Site, and information that does not identify any individual, without restriction. In addition, we may disclose personal information that we collect or you provide as described in this privacy policy:

  • To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company’s assets.
  • To fulfill the purpose for which you provide it.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent. We may also disclose your personal information:
  • To comply with any court order, law or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms of Use.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others.

Privacy Policy related to VergerTab, XL-Connect mobile applications

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

  • Account means a unique account created for You to access our Service or parts of our Service.
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Application refers to Xli Connect, the software program provided by the Company.
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to XceptionalLEARNING, W Hedding St, Suite 214 San Jose, CA 95128.
  • Country refers to: California, United States
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Personal Data is any information that relates to an identified or identifiable individual.
  • Service refers to the Application.
  • Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
  • Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Information Collected while Using the Application

While using Our Application, in order to provide features of Our Application, We may collect, with Your prior permission:

  • Information regarding your location
  • Information from your Device’s phone book (contacts list)
  • Pictures and other information from your Device’s camera and photo library

We use this information to provide features of Our Service, to improve and customize Our Service. The information may be uploaded to the Company’s servers and/or a Service Provider’s server or it may be simply stored on Your device.

You can enable or disable access to this information at any time, through Your Device settings.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

  • To provide and maintain our Service, including to monitor the usage of our Service.
  • To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
  • To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
  • To manage Your requests: To attend and manage Your requests to Us.
  • For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
  • For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

We may share Your personal information in the following situations:

  • With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
  • For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
  • With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
  • With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
  • With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
  • With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Delete Your Personal Data

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.

Our Service may give You the ability to delete certain information about You from within the Service.

You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.

Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation
  • Protect and defend the rights or property of the Company
  • Prevent or investigate possible wrongdoing in connection with the Service
  • Protect the personal safety of Users of the Service or the public
  • Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Children’s Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.

CHANGES TO OUR PRIVACY POLICY

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Company Site home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting the Company Site and this privacy policy to check for any changes.

CONTACT INFORMATION

If you have questions or concerns regarding this privacy policy, please contact our Support Team at:

XceptionalLEARNING Inc, 2007 W Hedding St, Suite 214 San Jose, CA 95128 United States, or via email at: support@learnwithverge.com in the US. you may also call us toll-free at 1 (800) 381-3445.