Product Privacy Policy
Mobile Guardian is a software development company that provides software products to schools, districts and multi-academy trusts (collectively referred to as “Schools” for the purposes of this document), small to medium enterprises (“SMEs”) and parent(s)/legal guardian(s) (“Parents/Legal Guardians”).The purpose of this Product Privacy Policy (“Product Privacy Policy”) is to explain how we collect, use, share, disclose and protect information collected from and about Schools that are deploying our Mobile Device Management (MDM) and Classroom Management solutions (“Products”) on devices used by Authorised School Personnel.
Our School Products include:
- Mobile Guardian Light
- Mobile Guardian Pro
- Mobile Guardian Elite
- Classroom Management
- Web Filtering
- Genius
- Campus
- Safer
- Learn
- Manage
Please note that this Product Privacy Policy does not apply to:
- Visitors and users of our general audience website and their information
- Organisations or third parties that Mobile Guardian does not own or manage
- Individuals that Mobile Guardian does not employ or manage
We encourage you to review the applicable third-party privacy policies and terms of use before submitting any information through those sites or services.
By using our Products, you (as Authorised School Personnel) are declaring that you have read and understood this Product Privacy Policy. Additionally, you are acknowledging that you represent the School and have the authority, the right and the capacity to legally bind the School, and warrant that you are at least eighteen (18) years old.
Our School Products include:
The contents of this Product Privacy Policy:
- 1.Information that Mobile Guardian gathers through our Products
- 1.a. School Information
- School profile
- Authorised School Personnel
- Requests to our support centre
- Additional information about Authorised School Personnel
- How this information is used by Mobile Guardian
- 1.b. Personal Student Information
- Student school-managed accounts
- Device and activity history
- Student performance
- Device location
- How this information is used by Mobile Guardian
- 1.c. Parent/Legal Guardian Information
- Notice for Parents/Legal Guardians
- How this information is used by Mobile Guardian
- 1.d. Log and Cookie Information
- Analytics and events
- Log information
- Device specifics
- Cookies
- How this information is used
- How Mobile Guardian shares this information
- 2.a. Access within a school
- 2.b. Third-party access
- 2.c. With School permission or instruction
- 2.d. For the protection of Mobile Guardian and others
- 2.e. When legally required to do so
- 2.f. Should all or part of the business transfer to new ownership
- 2.g. De-identified information
- 3. How long information is stored by Mobile Guardian
- 3.a Personal Student Information
- School’s request for deletion or transfer of Personal Student Information
- Deactivated accounts
- 4.Your rights and choices about this information
- 4.a School Profile Information
- Promotional communications
- Cookies and analytics
- Californian regulations
- Legal rights under local laws
- 4.b School Information (except School Profile Information), Personal Student Information and Parent/Legal Guardian Information
- School requests for information
- Requests from Parents/Legal Guardians, eligible students and authorised School Personnel
- Review, correction and deletion
- Downloading of information
- Transfer of student-generated content
- 5.How Mobile Guardian protects this information
- 6.Notice to EEA and other non-US residents
- 6.a. Mobile Guardian as a data processor
- 6.a. Mobile Guardian as a data controller
-
- 7.Cookies notice
- 7.a. What are cookies?
- 7.b. What type of cookies does Mobile Guardian collect?
-
- 8.Youtube API Services
-
- 9.Changes to this Product Privacy Policy
-
- 10.How to contact Mobile Guardian
-
- 11.Application
-
- 12.Personal information
- 12.a. Scope
- 12.b. Your obligations
-
- 13.Acceptance and changes
- 13.a. Acceptance
- 13.b. Changes
-
- 14.Collection
- 14.a. Automatically
- 14.b. On registration or submission
- 14.c. Through an order
- 14.d. Voluntarily
- 14.e. Consent to collection
- 14.f. Purpose for collection
-
- 15.Use
- 15.a. Processing
- 15.b. Website Cookies
- 15.c. Messages15.d. Marketing
- 15.d.1. Email Marketing
- 15.d.2. Targeted content
- 16.Disclosure
- 16.a. Sharing
- 16.b. Honour this policy
- 16.c. Mandatory disclosure
- 16.d. Marketing purposes
- 16.e. Personnel
- 16.f. Change of ownership
- 17.Storage
- 17.a. Accuracy
- 17.b. Participation
- 17.c. Retention
- 17.d. Transfer
- 18.Your rights and control of personal information
- 18.a. Your rights
- 18.b. Control of your personal information
- 19.General
- 19.1. Updating or removing
- 19.2. Limitation
- 19.3. Enquiries
1. Information that Mobile Guardian gathers through our Products
- The information that we collect is broken down into four categories:
- a. School Information
b. Personal Student Information
c. Parent/Legal Guardian Information
d. Log and Cookie Information - The specific information collected in each category can depend on which Product a School uses and which features are activated with the Product. The information collected may change if a School chooses to change their Product or the features used.
1.a. School Information
- The information collectively labelled as “School Information” is a combination of details required when inquiring about and signing up to use a Mobile Guardian Product, and details required for the School to use the Product. This information is made up of the following:
- School profile: From first contact, Mobile Guardian begins collecting information on the School. When a School Official enquires about Products on behalf of his/her School, we collect their relevant information, as well as information about his/her School relevant to purchasing and setting up the School’s account. This information includes the School Official’s name, email address and phone number, as well as the School’s name, physical address, billing address, number of devices, number of students and network configuration. If the School Official creates an account, the School Official must also create a password.
- Authorised School Personnel: Once the School has an account with Mobile Guardian, the School Official can add new member profiles, such as other School Officials, teachers, IT administrators, etc. These are collectively known as “Authorised School Personnel“. The names of each member are stored on the Mobile Guardian platform.
- Requests to our support centre: Whenever Authorised School Personnel make a request to the Mobile Guardian support centre (via their Product dashboard or the Mobile Guardian website), the individual’s contact details are collected. These are stored, along with the message thread about the support query.
- Additional information about Authorised School Personnel: The Mobile Guardian Products allow for various other pieces of information to be collected. Additional information that can be collected includes:
- Chat messages between students and teachers (via the Classroom Management tool)
- Unique account identifiers generated by the Mobile Guardian Product
- Relevant unique account identifiers generated by third-party applications (e.g. Google Classroom identifiers that can be integrated from the Google Classroom platform with Mobile Guardian Classroom Management)
- How this information is used by Mobile Guardian
- School profile: From first contact, Mobile Guardian begins collecting information on the School. When a School Official enquires about Products on behalf of his/her School, we collect their relevant information, as well as information about his/her School relevant to purchasing and setting up the School’s account. This information includes the School Official’s name, email address and phone number, as well as the School’s name, physical address, billing address, number of devices, number of students and network configuration. If the School Official creates an account, the School Official must also create a password.
- Authorised School Personnel: Once the School has an account with Mobile Guardian, the School Official can add new member profiles, such as other School Officials, teachers, IT administrators, etc. These are collectively known as “Authorised School Personnel“. The names of each member are stored on the Mobile Guardian platform.
- Requests to our support centre: Whenever Authorised School Personnel make a request to the Mobile Guardian support centre (via their Product dashboard or the Mobile Guardian website), the individual’s contact details are collected. These are stored, along with the message thread about the support query.
- Additional information about Authorised School Personnel: The Mobile Guardian Products allow for various other pieces of information to be collected. Additional information that can be collected includes:
- Chat messages between students and teachers (via the Classroom Management tool)
- Unique account identifiers generated by the Mobile Guardian Product
- Relevant unique account identifiers generated by third-party applications (e.g. Google Classroom identifiers that can be integrated from the Google Classroom platform with Mobile Guardian Classroom Management)
1.b. Personal Student Information
- Mobile Guardian collects information directly from students using devices enrolled in the Product that is being deployed by their School. This information (referred to as “Personal Student Information”) is used to identify a current or former student enrolled in a K-12 School on behalf of the School and in order to assist with correct and full use of the Mobile Guardian Product deployed. Particular settings for Personal Student Information can be enabled or disabled by the School.
- Mobile Guardian only collects Personal Student Information on School-managed devices and/or accounts where a School has already registered with Mobile Guardian and chosen to use Mobile Guardian Products. Schools in the United States must also provide appropriate consent and/or obtain consent to the extent required by applicable law, including the Children’s Online Privacy Protection Act (“COPPA”) and state laws on student privacy, unless a relevant legal exception applies.
- Information collected includes:
- Student school-managed accounts: Each student using a School-managed device requires a personal account when a School deploys a Mobile Guardian Product. The account includes the student’s name, email address, their organisational unit and device identifiers. An optional extra for a School is to associate a student with a specific teacher or classroom. Unique identifiers from third-party platforms can also be included in a student’s account, such as their Google Profile ID, Google Image URL, and a Google Classroom identifier.
- Managed accounts: If a student logs into a personal device with a school-managed account, we will track location and browser history. Contact List information on the Student’s device is neither collected nor uploaded nor managed by Mobile Guardian.
- Device and activity history: Depending on a School’s selected Mobile Guardian Product and settings, Mobile Guardian may collect additional information about online accounts or activity, including chats (within Mobile Guardian Classroom Management), and browsing history (including IP address).
- Student performance: Depending on a School’s selected Mobile Guardian Product, features, integrations and settings, Mobile Guardian may receive grade and attendance information for each student.
- Social Account Information: Mobile Guardian collects Social Account information such as account name, user name, and user email address to enable application functionality. Mobile Guardian does not use the social account information for advertising nor share the information with third parties.
- Device location: All Products are able to track the geographic location of all enrolled devices. Mobile Guardian can also collect IP addresses while devices are active.
- How this information is used by Mobile Guardian
- In accordance with our contractual obligations, we use Personal Student Information to:
- Provide, improve and analyse our Products and for legitimate educational purposes of a School
- Enforce the legal terms that govern our Products
- Comply with applicable laws and protect our and others’ rights, safety and property
- Follow further instructions from a School
- At all times, Mobile Guardian considers Personal Student Information to be the property of and under the control of the School, or as required by applicable law, the property of and under the control of the applicable eligible student or Parent/Legal Guardian.
- We do not sell Personal Student Information. We do not use Personal Student Information to target advertisements or market to students or anyone else, or to amass a profile about a K-12 educational student for a non-educational purpose. We do not collect Contact List information from the Student’s Device or Account. Only information related to the Students School Managed Account is collected. We do not use Personal Student Information for any purposes prohibited by the Family Educational and Privacy Rights Act (20 U.S.C. § 1232g; 34 CFR Part 99.3) (“FERPA”), California Business & Professions Code section 22584 (“SOPIPA”), and California Education Code section 49073.1. We will not use Personal Student Information for any purpose other than those required or specifically set forth in this Product Privacy Policy, our EULA, DPA, or any other agreement between a School and Mobile Guardian.
- We will use Personal Student Information in accordance with applicable student privacy laws, including, as applicable, Connecticut’s “Act Concerning Student Privacy”.
- If you are a Product user in the EEA, please see section 6 (Notice to EEA and other non-US residents) below for more information on how we use collected information and the legal bases for collecting information.
1.c. Parent/Legal Guardian Information
- The linked Parent Dashboard is a feature that Schools can opt to enable as part of their Mobile Guardian Product. If they do so, Mobile Guardian may receive information about a student’s Parents/Legal Guardians, including:
- Name
- Email address
- Phone number (optional)
- Notice for Parents/Legal Guardians:
- Schools use the Parent Dashboard feature to send important notifications to you directly about your child and activities at the School. To learn whether your child’s School is using this guardian feature or how to update a child’s Parent/Legal Guardian contact information, please contact your child’s School and follow the instructions below in section 4.b. (Requests from Parents/Legal Guardians, eligible students and Authorised School Personnel).
- How this information is used by Mobile Guardian
- In accordance with our contractual obligations, we use Personal Student Information to:
- Provide, improve and analyse our Products and for legitimate educational purposes of a School
- Enforce the legal terms that govern our Products
- Comply with applicable laws and protect our and others’ rights, safety and property
- Follow further instructions from a School
- At all times, Mobile Guardian considers Parent/Legal Guardian Information to be the property of and under the control of the School, or as required by applicable law, the property of and under the control of the applicable Parent/Legal Guardian.
- We do not sell Parent/Legal Guardian Information. We do not use Parent/Legal Guardian Information to target advertisements or market to students, Parents/Legal Guardians or anyone else, or to amass a profile about a Parent/Legal Guardian for purposes not related to the School. We will not use Parent/Legal Guardian Information for any purpose other than those required or specifically set forth in this Product Privacy Policy, our EULA, DPA, or any other agreement between a School and Mobile Guardian.
- If you are a Product user in the EEA, please see section 6 (Notice to EEA and other non-US residents) below for more information on how we use collected information and the legal bases for collecting information.
1.d. Log and Cookie Information
- Our Products automatically collect certain information (collectively referred to as “Log and Cookie Information”). This information includes:
- Analytics and events: Our Products automatically collect information through analytics services providers, including IP address, Internet Service Provider (ISP), date and time stamp, browser language, browser type, and/or other general usage data. Similar to other software, we also collect event information regarding how users interact with our Products – how much time is spent on particular features for different users.
- Log information: We also collect service diagnostics and technical logging information. This may include IP address, login times, usage times of our Products, browser type, and browser configuration.
- Device specifics: We collect information about the devices that are enrolled by a School. This includes type of device, device settings, and operating system.
- Cookies: We use Cookies in our Products as described in our Cookies notice below (section 7).
- How this information is used by Mobile Guardian
- Mobile Guardian uses information gathered on analytics, events and logs to better understand how our Products are being used. This allows Mobile Guardian to update Products to ensure a better user experience. It also allows Mobile Guardian to provide full support to Schools using the Products.
- Cookies are used to ensure ease of use by Authorised School Personnel and students.
2. How Mobile Guardian shares this information
2.a. Access within a School
- Each School determines which Authorised School Personnel have access to the School’s account with Mobile Guardian’s Products and their permission levels.
2.b. Third-party access
- We share necessary information with various third-party service providers that assist us in performing business-related functions. For example, we use hosting services and customer service tools to help support our Products. When we employ another company to perform a function of this nature, we provide them with only the information that they need to perform their specific function.
2.c. With School permission or instruction
- We may share or disclose information, including Personal Student Information, to third parties pursuant to a School’s instruction or with a School’s permission. For example, if a School chooses to integrate Mobile Guardian’s Products with another third party’s products or services, then we will share information as instructed. Additionally, we may ask for a School’s permission to share or disclose the School’s name and other content through a testimonial.
2.d. For the protection of Mobile Guardian and others
- We may share or disclose certain information if we believe in good faith that doing so is necessary or appropriate in the following instances:
- To protect or defend the rights, safety, or property of Mobile Guardian or third parties, including to defend or enforce our Product Privacy Policy, EULA, or any other contractual arrangement
- To respond to claims that content violates the rights of third parties
2.e. When legally required to do so
- We may share or disclose certain information if we believe in good faith that doing so is necessary or appropriate to comply with any law enforcement, legal or regulatory process, such as to respond to a warrant, subpoena, court order or other applicable laws and regulations.
2.f. Should all or part of the business transfer to new ownership
- We may share or disclose certain information in connection with or during negotiations for a merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company. If such transfer is subject to additional mandatory restrictions under applicable laws, Mobile Guardian will comply with such restrictions. The successor entity will be subject to all applicable federal and state laws, including student privacy laws. In connection with such a transaction, we will also work to ensure that the successor entity has a commitment to student privacy.
2.g. De-identified information
- We may use, share, or disclose De-Identified Information for various purposes. This is information that has had names and contact details removed, as well as any other details that could be used to identify the person or the School. The reason for sharing such information include product development, research and marketing, and complying with relevant laws. For example, we may use aggregate, anonymous data to publish an e-Book on how Schools use our Products.
- If you are a School or other Authorised School Personnel in the EEA, please see section 6 (Notice to EEA and other non-US residents) below.
3. How long information is stored by Mobile Guardian
- We generally retain information for as long as it may be relevant to the purposes of maintaining our relationship with a School or as required or permitted by law. To dispose of any personal information, we may anonymise it, delete it or take other appropriate de-identifying steps. Please note that information may persist in copies made by Mobile Guardian for backup and business continuity purposes for an additional period of time.
3.a. Personal Student Information
- When it comes to Personal Student Information, we retain it only as directed by the School.
- School’s request for deletion or transfer of Personal Student Information: Mobile Guardian will act upon a School’s documented instructions to delete or transfer Personal Student Information while a School holds a licence with Mobile Guardian and after all School licences to Mobile Guardian have expired. This is unless we are required to retain such information to comply with our legal obligations with law enforcement, resolve disputes or enforce our agreements. Upon instruction to delete Personal Student Information, Mobile Guardian will take reasonable efforts to delete and/or de-identify such information in a commercially reasonable amount of time under applicable laws. At the termination of all of a School’s licences with Mobile Guardian, Mobile Guardian and the School may agree to transfer the School’s Personal Student Information back to the School. In that case, similar to deletion requests, Mobile Guardian will act upon a School’s documented instruction to transfer the School’s Personal Student Information to the School and take reasonable efforts to transfer such information in a commercially reasonable amount of time under applicable laws. This is unless we are required to retain such information to comply with our legal obligations or with law enforcement, to resolve disputes or enforce our agreements. For Schools in the EEA, Personal Student Information will be deleted and transferred/ported according to the terms of the DPA or other agreement between the School and Mobile Guardian.
- Deactivated accounts: We may consider a School’s account to be terminated 365 days (one full year) after all of a School’s Mobile Guardian licences expire without use, reactivation or renewal by the School. At that time, if the School has not requested deletion of Personal Student Information, we will automatically de-identify and/or delete the School’s Personal Student Information within a commercially reasonable period of time as long as that information is not necessary to comply with our legal obligations, resolve disputes or enforce our agreements. All Personal Student Information retained will remain subject to our Product Privacy Policy that was in effect at the time the information was obtained (even after the deactivation of an account or termination of a contract).
4. Your rights and choices about this information
4.a. School Profile Information:
- Promotional communications: You can decline promotional communications at the point information is requested or by following the unsubscribe instructions on communications sent to you. You can also contact us as described in section 9 below.
- Cookies and analytics: You can opt out of certain cookie-related and analytics processing. For more information on how we use cookies, please see section 7 below.
- Californian regulations: Under California law, residents may annually request a list of the third parties to which a company discloses personal information for marketing purposes, as well as the types of information disclosed. Please note that we do not disclose personal information to third parties for any direct marketing purposes.
- Legal rights under local laws: Local laws may permit an individual to request that we: (1) provide access to and/or a copy of certain information that we hold about that individual; (2) prevent the processing of that individual’s information for direct-marketing purposes (including any direct marketing processing based on profiling); (3) update an individual’s information that is out of date or incorrect; (4) delete certain information that we are holding about an individual; (5) restrict the way that we process and disclose certain aspects of the individual’s information; (6) transfer an individual’s information to a third party provider of services; and/or (7) revoke an individual’s consent for the processing of his/her information. If your local laws provide additional rights, we will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests due to specific circumstances, which may include the need to continue processing an individual’s information for our legitimate interests or to comply with a legal obligation. We may request that an individual and/or School provide us with information necessary to confirm the individual’s identity before responding to your request. To exercise any of these rights, please contact us as described section 9 below.
- In addition to the above rights, an individual has the right to lodge a complaint with the relevant supervisory authority. However, we encourage the individual to contact us first, and we will do our best to resolve the concern.
4.b. School Information (except School Profile Information), Personal Student Information and Parent/Legal Guardian Information:
- School requests for information: We will assist any School using our Products (past and present) in facilitating requests relating to Authorised School Personnel Information and Personal Student Information pursuant to the School’s instruction. Please also see section 3 and section 4.a. above.
- Requests from Parents/Legal Guardians, eligible students and Authorised School Personnel:
- Review, correction and deletion: If a Parent/Legal Guardian, eligible student or Authorised School Personnel wishes to request a review, correction or deletion of Personal Student Information or School Information, he/she should contact the appropriate School Official. Mobile Guardian will cooperate with the School to fulfil requests pursuant to the School’s verification and instruction within a commercially reasonable amount of time and in compliance with relevant law. Please note that we may be required to maintain certain School Information if directed to do so by your School Official on behalf of the School or as needed by Mobile Guardian to enforce our legal rights.
- Downloading of information: Mobile Guardian Products allow Authorised School Personnel to download information on behalf of a Parent/Legal Guardian, eligible student or Authorised School Personnel. If Mobile Guardian Products do not cover the scope of the transfer request, Mobile Guardian will, following documented instructions from the School, honour the request from the Parent/Legal Guardian, eligible student or Authorised School Personnel for the transfer of Personal Student Information or the personal data of Authorised School Personnel. Transfer will be done using the same guidelines as described above in compliance with and as required by relevant law.
- Transfer of student-generated content: There are several US states that have laws that require website operators to transfer student-generated content to the student’s personal account when requested by an eligible student or Parent/Legal Guardian. Mobile Guardian Products are not used as the primary platform for students to submit their own content. However, eligible students or their Parent/Legal Guardian may request any student-generated content that is submitted via Mobile Guardian be transferred to him/her. See section 9 below for contact details. Following verification of the requestor’s authorisation to receive the information (which may require verification by the requestor’s School), we will provide the student-generated content that we have in a commercially reasonable amount of time in either a CSV file or other mutually-agreeable format. Please note that we cannot guarantee retention of student-generated content.
5. How Mobile Guardian protects this information
- Mobile Guardian takes the security and privacy of your School’s data very seriously. For this reason, Mobile Guardian has implemented various technical, administrative and physical safeguards to protect your information, including specific training of our personnel authorised to access Personal Student Information and other information. These safeguards vary depending on the sensitivity of the information at issue.
- Mobile Guardian is committed to preventing unauthorised access to our systems and data, and will investigate any possible occurrence. In the event of a breach of Personal Student Information, Mobile Guardian will comply with all relevant breach laws to assist the School or provide notification as required to the Schools, affected Parents/Legal Guardians, eligible students and regulators.
6. Notice to EEA and other non-US residents
- In the European Union (“EU”) data protection laws, there is a distinction between organisations that process personal data for their own purposes (known as “data controllers“) and organisations that process personal data on behalf of other organisations (known as “data processors“). The laws in some jurisdictions also require data controllers to share the legal ground that they rely upon to use or disclose personal information.
-
- As there are several types of information collected and stored by Mobile Guardian, we act as both a data processor and a data controller in different circumstances.
6.a. Mobile Guardian as a data processor
- Mobile Guardian is considered the processor of School Information (except for School Profile Information), Personal Student Information and Parent/Legal Guardian Information. Mobile Guardian collects, uses, shares and discloses this information as a processor on behalf of and at the instruction of the School (who acts as the controller in these instances), pursuant to our EULA and, if applicable, DPA.
-
- If you have a question or complaint about how your personal data is handled, please contact your School directly.
6.b. Mobile Guardian as a data controller
- Mobile Guardian is considered the controller of School Profile Information and School Log and Cookie Information. Mobile Guardian as the data controller collects, uses, shares and discloses this information as described in sections 1.a., 1.d and 2 above. We retain the personal data contained in the above-mentioned information categories for as long as necessary to provide you with Mobile Guardian Products, or for other important purposes such as complying with legal obligations, resolving disputes and enforcing our agreements.
-
- Our legal grounds for using School Profile Information and School Log and Cookie Information are as follows:
- Contractual commitments: We use, share and disclose information to honour our contractual commitments to a School.
- Legal compliance: We need to use, share and disclose information in certain ways to comply with our legal obligations.
- With your consent: Where required by law, and in some other cases, we use, share or disclose information on the basis of consent.
- Legitimate interests: In many cases, we use, share or disclose information on the grounds that it furthers our legitimate business interests in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals. These grounds include customer service, analysing and improving our business, promotional activities, providing security for our Mobile Guardian Products, preventing fraud and managing legal issues.
