Privacy Policy

Effective Date: January 1, 2022

Welcome to KickUp, a professional growth and learning platform for educators consisting of websites, services, software applications and networks that allows for the authorized download and distribution of written digital content, teaching supplements, and other educational content over the internet (the “KickUp Platform”). The KickUp Platform is owned and operated by KickUp, Inc., a Delaware corporation (“KickUp”, “we” or “us”).

KickUp values the privacy of all individuals, including its users and others who visit and use the KickUp Platform (collectively or individually, “you”, “‘your” or “Users”).

By using the KickUp Platform, you expressly consent to the information handling practices described in this Privacy Policy. This Privacy Policy is incorporated into and is subject to the KickUp Platform Terms of Use. Your use of the KickUp Platform and any personal information you provide through the KickUp Platform are subject at all times to this Privacy Policy and the Terms of Use.

1. The Fair Information Practice Principles

KickUp complies with the Fair Information Practice Principles (the “Principles”) as developed over the years and implemented around the world. The Principles consist of the following elements:

• Notice: We notify you of our practices in writing.
• Choice: You have the choice to provide or not provide your personally-identifiable information (“Personal Information”).
• Accountability for Onward Transfer: We explain with whom we share your Personal Information and are responsible for any use of your Personal Information by those who receive your Personal Information from us.
• Security: We explain how we keep your Personal Information secure.
• Data Integrity and Purpose Limitation: We agree to keep your Personal Information intact and limit our processing of it.
• Access: You have access to your Personal Information that we have, including to review and correct it.
• Recourse, Enforcement, and Liability: You have the right to complain and to enforce your rights with respect to your Personal Data.

2. The Personal Information KickUp Collects

Personal Information you provide to us:

You may provide Personal Information (such as your name, email address, postal mailing address, telephone number, demographic information) to KickUp if you log in to the KickUp Platform or otherwise use the features and functionality of the KickUp Platform, including transmitting teaching materials and communicating with other participants.

Personal Information we collect automatically:

We may automatically collect certain information when you visit, use or navigate the KickUp Platform. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, location, information about how and when you use the KickUp Platform and other technical information. We may collect such automatically generated or collected information through a variety of tracking technologies, including cookies, Flash objects, web beacons, embedded scripts, mobile SDKs, location-identifying technologies and similar technologies (“tracking technologies”), and we may use third-party partners or services to assist with this effort. Information we collect automatically about you or your device may be combined with other Personal Information we collect directly.

3. The Way KickUp Uses Personal Information

KickUp uses the Personal Information that you provide or that we automatically collect to operate, maintain, enhance, create and provide all of the features and services found on the KickUp Platform, as well as to track user-generated content and usage trends.

We may use Personal Information that you provide, such as your email address, for administrative communications such as notifying you of major KickUp Platform updates, for customer service purposes, to screen for potential risk or fraud, to personalize your experience on the KickUp Platform, to address copyright infringement or defamation issues, to contact you with opportunities to participate in market and product research, to contact you regarding any content that you have used within the KickUp Platform, or, when in line with the preferences you have shared with us, provide you with information or advertising relating to our products and services.

While automatically generated or collected Personal Information is primarily needed to maintain the security and operation of the KickUp Platform, and for our internal analytics and reporting purposes, we, or the third-party partners we use, may also use such information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the KickUp Platform; (b) provide custom, personalized content and information to you; (c) identify and contact you across multiple devices; (d) provide and monitor the effectiveness of the KickUp Platform; (e) perform analytics and detect usage patterns on the KickUp Platform; (f) diagnose or fix technology problems; (g) detect or prevent fraud or other harmful activities, and (h) otherwise plan for and enhance the KickUp Platform and for other internal purposes.

4. KickUp Information Disclosure

KickUp does not share your Personal Information with other organizations for their marketing or promotional uses without your prior express consent, provided however that, KickUp may (a) share your Personal Information with third parties for data analysis and KickUp may share, or authorize such third party entities or organizations to share, the results of such analysis with valued partners under obligations of confidentiality, and (b) share your Personal Information with 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 KickUp’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by KickUp about our Users is among the assets transferred. Please be aware, that any Personal Information that you voluntarily choose to display to others on the KickUp Platform, such as when you publish attribution credits for documents or public profile information, becomes publicly available and may be collected and used by others without restriction.

We may disclose Personal Information to affiliated companies or other businesses or persons to: provide website hosting, maintenance, and security services; fulfill orders; conduct data analysis and create reports; offer certain functionality; and assist KickUp in improving the KickUp Platform and creating new services features. We require that these parties process such information in compliance with this Privacy Policy, we authorize only a limited use of such information, and we require these parties to use reasonable confidentiality measures.

KickUp may disclose Personal Information if required to do so by law or when such action is necessary to comply with applicable laws or respond to a court order, judicial or other government subpoena, or warrant in the manner required by the requesting entity.

KickUp also reserves the right to disclose Personal Information that we believe is appropriate or necessary: to take precautions against liability; to protect KickUp from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the KickUp Platform; or to protect the rights, property, or personal safety of KickUp, our Users, or others.

5. International Transfers

Our servers are located in the United States of America. If you are accessing the KickUp Platform from outside of the United States of America, please be aware that your Personal Information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your Personal Information as described in this Privacy Policy, in the United States of America and other countries.

If you are a resident of a country other than the United States of America, including countries within the European Economic Area, then we may not necessarily have data protection laws or other similar laws as comprehensive as those in your country. We will however take all necessary measures to protect your Personal Information in accordance with this Privacy Policy and applicable law.

6. Our Commitment to Data Security

We have implemented appropriate technical and organizational security measures designed to protect the security of any Personal Information we process. However, despite our safeguards and efforts to secure your Personal Information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your Personal Information. Although we will do our best to protect your Personal Information, transmission of Personal Information to and from the KickUp Platform is at your own risk. You should only access the KickUp Platform within a secure environment.

If KickUp learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. KickUp may post a notice on the KickUp Platform if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

7. Our Commitment to Children’s Privacy

We do not knowingly solicit Personal Information from or market to individuals under 18 years of age. If you are under 18 years of age, then do not use or access the KickUp Platform at any time or in any manner. By using the KickUp Platform, you represent that you are at least 18 years of age. If we learn that Personal Information from users less than 18 years of age has been collected, we will deactivate the corresponding account and take reasonable measures to promptly delete such data from our records. If you become aware of any Personal Information we may have collected from users under age 18, then please contact us at info@kickup.co to have that child’s account terminated and information deleted.

8. In the Event of Merger or Sale

In the event that all or a portion of KickUp is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the Personal Information that we have collected from Users as part of that merger, acquisition, sale, or other change of control.

9. Changes and Updates to this Privacy Policy

We may update this Privacy Policy from time to time. The updated version will be indicated by an updated “Effective Date” and the updated version will be effective as of that date. If we modify the Privacy Policy, we will notify each current user by email (sent to the e-mail address specified in the user’s account) and/or by means of a notice on the KickUp Platform. Your continued use of the KickUp Platform constitutes your consent to any modifications to this Privacy Policy. If you do not consent to any modifications to this Privacy Policy, then you may terminate your account, and you will be subject to the Privacy Policy and Terms of Use most recently in effect prior to termination of your account.

10. Your Choices

You may decline to share certain Personal Information with KickUp, in which case KickUp may not be able to provide to you some or all of the features and functionality found on the KickUp Platform. KickUp may retain all information you have submitted for a variety of purposes, including backups and archiving, prevention of fraud and abuse, analytics and the use and disclosure purposes described herein. If, at any time, you prefer not to receive any other form of communication from KickUp, please contact us via email at info@kickup.co or via U.S. mail at: 2093 Philadelphia Pike #2920, Claymont, DE 19703.

Based on the applicable laws of your jurisdiction, you may have the right to request access to the Personal Information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your Personal Information, please submit a request by contacting us as indicated in the section headed “KickUp Contact Information” below. We will respond to your request within 30 days.

11. Privacy Notice for California Residents

This Privacy Notice for California Residents applies solely to the Personal Information of individuals who reside in the State of California. We have provided this Privacy Notice for California Residents to comply with the California Consumer Privacy Act of 2018 (the “CCPA“), and any terms defined in the CCPA have the same meaning when used in this notice.

Your Rights and Choices: The CCPA provides California residents with specific rights regarding their Personal Information. This section describes your CCPA rights and how you may exercise those rights.

• Access to Specific Information; Data Portability Rights. You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you: (a) the categories of Personal Information we collected about you; (b) the categories of sources for the pers Personal Information we collected about you; (c) our business or commercial purpose for collecting or selling that Personal Information; (d) the categories of third parties with whom we share that Personal Information, if any; (e) the specific pieces of Personal Information we collected about you (also called a data portability request); and (f) if we disclosed your Personal Information for a business purpose, the categories of Personal Information that any recipient obtained.

• Deletion Request Rights. You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers, if any, to delete) your Personal Information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to: (a) complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you; (b) detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, or prosecute those responsible for such activities; (c) debug products to identify and repair errors that impair existing intended functionality; (d) exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law; (e) comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.); (f) engage in public or peer-reviewed research in accordance with Section 1798.105 (d)(6) of the CCPA; (g) enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us; (h) comply with a legal obligation; or (i) make other internal and lawful uses of that information that are compatible with the context in which you provided it.

• Exercising Your Rights. To exercise the access, data portability and deletion rights described above, please submit a verifiable consumer request to us by email at info@kickup.co.

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information.

You may only make a verifiable consumer request for access or data portability twice within any 12-month period. The verifiable consumer request must: (a) provide sufficient information that allows us to reasonably verify that you are the individual about whom we collected Personal Information or that you are an authorized representative of that individual; and (b) describe your request with sufficient detail to allows us to properly understand, evaluate and respond to it. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm that the Personal Information relates to you. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

• Response Timing and Format. We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the 12-month period preceding our receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

• Non-Discrimination. We will not discriminate against you for exercising your CCPA rights (i.e., unless permitted by the CCPA, we will not: (a) deny you goods or services; (b) charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; (c) provide you a different level or quality of goods or services; or (d) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services). However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

Contact Information: If you have any questions or comments about this Privacy Notice for California Residents, the ways in which we collect and use your Personal Information described in this Privacy Notice for California Residents, your choices and rights regarding such use or wish to exercise your rights under California law, please do not hesitate to contact us at:

Email: info@kickup.co
Postal Address: KickUp, Inc., 2093 Philadelphia Pike #2920, Claymont, DE 19703

12. Third Party Websites and Applications

The KickUp Platform may contain links to third party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the KickUp Platform, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot protect the safety and privacy of information that you provide to a third party outside of the KickUp Platform. Before visiting and providing any information to any third party websites or applications, you should inform yourself of the privacy policies and practices of the third party responsible for that website or application, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the KickUp Platform.

13. KickUp Contact Information

Please contact KickUp with any questions or comments about this Privacy Policy, your Personal Information, and our third-party disclosure practices or your consent choices at info@kickup.co or KickUp, Inc., 2093 Philadelphia Pike #2920, Claymont, DE 19703.