Privacy Policy

Track Tutoring Privacy Policy
Effective as of: October 18, 2023

This “Privacy Policy” describes how Track Tutoring LLC, a Delaware limited liability company, (collectively, “Company”, “we”, “our”, or “us”) collects, uses, discloses, and otherwise processes personal information in connection with our website at, www.tracktutoring.com (“Site”), and through our Services. For purposes of this Privacy Policy, the terms “you”, “your”, and “User” refer to and include, without limitation, any parent, guardian or other third party who uses and/or accesses the Services to seek and/or schedule Tutoring Services via online video tutoring sessions (“Sessions”) through the Site for or on behalf of a student. Any undefined term in this Privacy Policy has the definition specified in our Terms of Service (“Terms”).

By accessing the Site or using the Service, you agree that you have read, understood and agree to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy and our Terms.

1. Personal Information We Collect.

(a) Provided Directly By You.

1. Account Related Information. When you register on the Site and create an Account, or otherwise communicate or interact with us or any Tutor through the Service, we may collect information from you, such as your name, phone number, e-mail address, physical address, birth date and other personal identifiers. We use this contact and User Information to: (A) create and personalize your Account and/or your profile; (B) communicate with you directly about the Services as well as respond to you about any questions, issues or concerns you or other Users may have, (C) connect you with a network of Tutors who desire to provide Tutoring Services, and (D) send you our marketing communications in accordance with your preferences. In addition, we may obtain certain payment transaction information from you such as (1) the name associated with your payment method, (2) time of transaction and amount paid; and (3) billing and other transaction associated information. Please note that payment related information, such as credit card number and billing address, are collected and processed through Company’s payment processing Service Partner (currently, Stripe, Inc. located at www.stripe.com).
2. Communications. We maintain all communications resulting from your interactions on our Site, including without limitation, with us by email, messages, or mail in connection with the Service. We use these communications with you to address your questions, issues and concerns and to improve our Services. We maintain your communications with others, such as Tutors, for your ease of use and in connection with providing the Service. This may include comments, reviews, documents, questions, chats, messages, assessments, Session recordings, videos or photos.

(b) Generated and/or Automatically Collected During Your Use of the Services.

1. Device Information. The Site and Services may be accessed through your personal computer, mobile handsets, tablets, wearable devices, speakers, and any other smart devices. Information about such devices and its software includes your IP address, browser type, internet service provider, device type/model/manufacturer, operating system, date and time stamp, and a unique ID that allows us to identify your browser, mobile device, and other similar information. We use this device and software information to diagnose and fix technology problems, personalize your experience, perform analytics/identify usage trends, and improve our Services.
2. Manner of Access and Use. We collect information about the way you access and use the Service, including tracking the pages you visit on the Site, the links you click, the actions you take in on the Site, whether you open emails or click the links contained in emails that we send, other actions you take on the Site and through the use of our Services, and whether you access the Service from multiple devices. We may use this information to determine Company products and services that may be of interest to you, to improve our Services, to send you marketing communications, or for other business related purposes in connection with the Service and your use thereof.

(c) Other Collection and Uses.

1. We typically collect the foregoing information through a variety of tracking technologies, such as: (A) “Cookies” which are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org; (B) “Log files” which track your actions occurring on the Services, and collect data including your IP address, browser type, internet service provider, referring/exit pages, and date/time stamps; and (C) “Web beacons,” “tags,” and “pixels” which are electronic files used to record information about how you browse the Services.
2. We may use third-party analytic partners or services to assist with this effort. Information we collect automatically about you or your devices may be combined with other personal information we collect directly. We, or the tools our third party analytic partners use, may use the data collected automatically through tracking technologies to: (A) remember information for the next time you visit the Service; (B) provide custom, personalized content and information; (C) identify and contact you across multiple devices; (D) provide and monitor the effectiveness of the Services; (E) perform analytics and detect usage patterns on our Services; (F) diagnose or fix technology problems; (G) detect or prevent fraud or other harmful activities; and (H) otherwise plan for and enhance our Services and for other internal purposes.
3. If you would like to opt-out of the tracking technologies we employ on the Service, you may do so by blocking, deleting or disabling them as your browser or device permits. Please note that blocking, deleting, or disabling these technologies will affect the functionality of our Services, and may prevent you from being able to access certain features. Please note that Company does not alter its data collection or use practices when a user enables a ‘Do Not Track’ signal from their browser.
4. Our Service may contain social media buttons and email integrations such as Facebook, LinkedIn, Twitter, Instagram, and Gmail. These features may collect your IP address, which page you are visiting on our Site and through the Service, and may set a Cookie to enable the feature to function properly. Your interactions with these platforms are governed by the privacy policy of the companies providing them.

2. How We Use Your Personal Information. In addition to the uses described above, we may collect and use personal information to:

(a) Provide, Maintain, Improve and Develop the Service. We may use the personal information to provide, maintain, improve and develop the Service. For example, we may: (i) enable you to create an Account and provide you with the ability to access, use, and otherwise obtain and request information about our Service and specific Tutoring Services, (ii) fulfill your requests (e.g., requests in connection with Sessions, and to facilitate your scheduling of Tutoring Services through our Site), (iii) perform analytics, assess user data, detect activity patterns on our Services and otherwise research usage, and (iv) test and develop new features and functionality and otherwise enhance the Services.

(b) Maintain Safety, Stability and Security of the Services. We may use the personal information to maintain the safety and security of the Service. For example, we may: (i) attempt to detect or prevent fraud, abuse or other harmful activities, (ii) diagnose or fix technology problems, (iii) conduct security investigations and risk assessments, and (iv) improve and enforce our security measures.

(c) User Communication and Support. We may use personal information to communicate important messages to you and/or to provide you with support. For example, we might send you service-related emails or messages (e.g., user verification, changes or updates to features of the Service, technical and security notices) and other communications.

(d) Provide, Personalize, Measure and Improve Advertising and Marketing. We may use personal information to provide, personalize, measure and improve our advertising and marketing. For example, we may: (i) inform you of Company products, programs, services, and promotions that we believe may be of interest to you, including, without limitation, through emails, (ii) allow you to participate in surveys, (iii) provide you with personalized updates about your Account, including the purchase of minutes and your minute balance, and (iv) determine the effectiveness of our Services and our promotional campaigns.

(e) Legal and Regulatory Requirements and Proceedings. We may use the personal information in connection with legal and regulatory proceedings and requirements, such as to comply with applicable laws and regulations.

(f) Enforce Our Rights. We may use your personal information to monitor, investigate, prevent and/or mitigate violations of our Terms as well as for other enforcement related purposes in connection with the Service and your use thereof, including, without limitation, to enforce our agreements with third parties and business partners.

(g) Other Purposes Disclosed at the Time of Collection. From time to time, we may use personal information for a specific purpose not contemplated by this Privacy Policy. In such an event, we will specifically disclose that use to you.

3. Sharing Your Personal Information. We share your personal information with third parties in the following circumstances:

(a) Third Parties Necessary to Enable Your Use of the Services. We disclose personal information to third parties as needed to fulfill your requests and to provide our Services. In providing you access to the Tutor network on our Site in order to connect you with a Tutor for obtaining Tutoring Services for a student, we may share Student Information with the Tutors. Such information is shared to provide Tutors with the opportunity to evaluate and assess the Tutoring Services being requested by the User and determine if their experience and services are appropriate and well suited for the needs of the student. In each case, we collect such information only insofar as is necessary or appropriate to fulfill the purpose of your use and access to the Services. Company shall store this information in a secure digital format.

(b) Service Partners and Contractors. We disclose personal information to our Service Partners, as necessary , that provide services for us or on our behalf, such as, payment processing, website hosting, data analysis, infrastructure provisioning, IT services, customer service, email delivery services, fraud detection, security monitoring, advertising and marketing, and other similar services.

(c) Analytics Providers. We share personal information with third-party analytics providers to better understand the demographics of our users and visitors, and to personalize, enhance and improve the Service.

(d) Business Transaction. If another company acquires our company, business, or our assets, that company may then possess the personal information collected and stored by us, however, such company will assume the rights and obligations regarding your personal information as described in this Privacy Policy.

(e) Legal Obligations. We may also share your personal information to: (i) comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights, (ii) enforce the Terms or to protect the security or integrity of the Service, (iii) detect, suppress or prevent fraud or reduce credit risk and collect debts owed to us, and (iv) exercise or protect the rights, property, or personal safety of Company, our uses, Site visitors, or other third parties.

(f) Consent. We may disclose your personal information to other third parties with your consent.

4. Service not Available Outside the United States. Our Site and the Service are operated in the United States of America (“U.S.”) and are for use by U.S. residents only, and provided to you under U.S. laws, and not the laws of other countries. If you are visiting the Site, your information will be maintained in the U.S.

5. Security. The security of your personal information is important to us, but 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 information, we cannot guarantee its absolute security. We store and process your personal information using third-party servers located in data centers in the United States. We employ appropriate administrative, physical, and technical safeguards designed to protect your information from unauthorized access. Your personal information will be kept on our servers or on those of our service providers and only those employees that require it for the purposes of their duties will have access to your personal information. If we learn of a systems security breach, we may attempt to notify you electronically or through another applicable channel so that you can take appropriate protective steps. By using the Service, you agree that we may communicate with you electronically. We may post a notice on the Site or through the Service if a security breach occurs. We may also send an email to you at the email address you have provided to us. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

6. Control of Your Personal Information and Opt-Out. We will maintain your personal information for as long as needed in order to perform the purposes for which such personal information was collected. You can request at any time to access or update your personal information, or that we delete any of your personal information stored by us, by contacting us as provided below. Following any such request, we will take all reasonable steps to provide, modify and/or delete your personal information as soon as is practicable, but some information may remain in archived/backup copies for our records or as otherwise required by law. Where you have consented to our use of your personal information, you may withdraw that consent at any time and opt-out to further use by contacting us as provided below and letting us know what use of your personal information you wish to opt-out of.

7. Student Privacy.

(a) While the Services are intended for the benefit of students, specifically individuals thirteen (13) through seventeen (17) years old, our Site does not collect or retain any personal information of students except the Student Information you provide through your Account and as needed to facilitate Tutoring Services for such student. The purpose for collecting Student Information is primarily to effectuate educational tutoring services through our Tutor network via the Site, including to allow you to quickly and easily assess the professional and educational background of Tutors, to allow Tutors to access their suitability in connection with the requested Tutoring Services, as well as allowing us to communicate effectively with you and Tutors.

(b) Students must at all times use the Services only in conjunction with and under the supervision of a parent, legal guardian or other applicable third party who is at least 18 years of age. In all such cases, such User is responsible for any and all activities on the Site through their Account. You represent that you are at least eighteen (18) years of age, all User Information and other information you submit, including Student Information, is truthful and accurate, and that you agree to oversee, monitor and supervise all use and access to the Site and Services by the student you are seeking to obtain Tutoring Services for or on behalf of.

(c) No one under the age of thirteen (13) is permitted to access the Services or provide any personal information. The Site is not directed at children under thirteen (13) years of age, and Company does not knowingly collect personal information from children under thirteen (13) years of age. Consistent with the Children’s Online Privacy Protection Act of 1998 (“COPPA”), we will never knowingly request or collect personal information from anyone under the age of thirteen (13) without prior verifiable parental consent. If we become aware that a child under thirteen (13) years of age has provided us with personal information without verifiable parental consent, we will remove such information from our files. If a parent or guardian becomes aware that his or her child who is under the age of thirteen (13) has provided us with personal information without verifiable parental consent, he or she should contact us at the email address provided below.

8. California Residents.

(a) California Civil Code. Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we share with third parties for those third parties or direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address, Track Tutoring, LLC, Attn: California Privacy Rights, 11784 Canton Place, Studio City, CA 91604.

(b) Please note that we will not share your personal information with any third parties or affiliates for their direct marketing purposes without your prior consent.

(c) Personal Information of California Residents. Consistent with the “Personal Information We Collect” section above, we collect certain categories and specific pieces of information about individuals that are considered “Personal Information” in California (“CA Personal Information”). As detailed above, we may collect this CA Personal Information from you and other third parties. We collect, share and disclose CA Personal Information for the business and commercial purposes described in the “How We Use Your Personal Information”, “Sharing Your Personal Information" sections above. Subject to certain exceptions, as a California resident, you have the right to: (i) access your CA Personal Information, (ii) obtain deletion of your CA Personal Information, (iii) receive information about the CA Personal Information about you that we have “sold” (as such term is defined under California law) to third parties within the past 12 months, and (iv) opt-out of the “sale” of your CA Personal Information. If you are under eighteen (18) years of age, reside in California, and have provided us with personal information, you have the right to request removal of unwanted data that you publicly post on the Site. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with such information and a statement that you reside in California. We will make sure the data is not publicly displayed on the Site, but please be aware that the data may not be completely or comprehensively removed from our systems.

(d) Do Not Sell My Information. In addition to the above, California residents have the right to opt-out of the “sale” of their Personal Information, as such term is defined under the California Consumer Privacy Act.

(e) Exercising Other California Consumer Rights. Should you wish to request the exercise of your other rights as detailed above with regard to your CA Personal Information, we will not discriminate against you by offering you different pricing or products, or by providing you with a different level or quality of products, based solely upon this request. Please see the “Contact Information” section below if you have questions or would like to exercise such rights.

9. Links to Third-Party Platforms. The Service may contain links to (or allow you to link to) other third-party services or websites. We do not control the information collection of third-party services or websites that can be reached through such links. This Policy only covers our privacy practices for the Site and Services. It does not apply to the practices of third-party websites, services, or applications, even those who we have partnered or integrated with. We encourage you to be aware when you are linking to a third-party service or website and to read the privacy statements of any third-party service or website that collects personal information. Third-party services handle your information in accordance with their own practices and privacy policies. We are not responsible for their policies, practices, or handling of your personal information.

10. Modifications. We may update this Privacy Policy from time to time, in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. As such, we encourage you to periodically review this page for the latest information on our privacy practices as well as the Terms for any modification thereof. However, we will not use your personal information in a way that is materially different from the uses described herein without giving you an opportunity to opt-out. If we make a material change to the way in which we collect, use, and/or share your personal information which is less restrictive than our current practices, we will send an email to users who have provided an email address and/or change the “Effective as of” date at the top of this Privacy Policy.

11. Contact Information. If you have questions or comments about this Privacy Policy, or if you would like to contact us about updating or changing your personal information you may contact us by email, by telephone (voice/phone calls only, no SMS) or by post as set forth below. You can also access and update your personal information by logging into your Account and changing that information.

Address: Track Tutoring, LLC
11784 Canton Place
Studio City, CA 91604
Email: info@tracktutoring.com