Professional Center Privacy Statement
Effective Date: June 27, 2024
XAP LLC ("XAP") (the company that operates this Professional
Center website) has adopted the following Privacy Statement for the
information collected at the Professional Center website (referred
to hereafter as the "Professional Center"). This Professional
Center is operated for educators, counselors, and administrators.
When you use this Professional Center, XAP has access to
your information and may use your information to operate and
maintain this Professional Center and in accordance with the terms
of this Privacy Statement.
As the Professional Center evolves, we may update this Privacy
Statement to reflect changes in the manner in which we deal with
personal information, whether to comply with then-applicable
regulations and self-regulatory standards or otherwise. The Privacy
Statement posted here will always be current. We encourage you to
review this Statement regularly. Please see additional information
regarding amending this Statement in the Section entitled "Amending
this Privacy Statement" below.
IMPORTANT NOTICE: Please see the information in
the Section entitled "With whom personally identifying information
and automatically-collected information may be shared" for an
understanding regarding the parties who may access your
information.
WHAT THIS PRIVACY STATEMENT COVERS:
- Your agreement to this Privacy Statement
- Types of information collected
- Reasons we collect personally identifying information
- Ways in which personally identifying information and
automatically-collected information may be used
- With whom personally identifying information and
automatically-collected information may be shared
- Security measures to protect information; Disclaimer
- Cookies
- Links
- Modifying your information
- Retention and Storage
- Amending this Privacy Statement
- Unenforceability
- Questions
YOUR AGREEMENT TO THIS PRIVACY STATEMENT
When you use this Professional Center, you signify and affirm
that you have read, understand, and agree to the terms of this
Statement; that you are at least eighteen (18) years old; that you
are competent and capable of understanding, agreeing to, and
complying with this Statement; and that this Statement forms a
legally-binding agreement between you and XAP. You agree that this
Statement is supported by reasonable and valuable consideration
(which includes your use of the Professional Center), and you
acknowledge your receipt of and the sufficiency of such
consideration. If you do not agree with all of the provisions of
this Statement, you may not use the Professional Center.
TYPES OF INFORMATION COLLECTED
This Statement covers information you expressly enter into the
Professional Center and information that we automatically collect
as you use the Professional Center.
THE PERSONALLY IDENTIFYING INFORMATION WE COLLECT
To use certain features of the Professional Center, we will
require you to provide us with information that
personally-identifies you ("Personally Identifying Information" or
"PII"). If you choose not to provide us your Personally Identifying
Information, you will not be able to use certain features of the
Professional Center. When you do provide us your PII, you
are authorizing us to use that PII in accordance with this
Statement and to store your PII on our servers in the United
States. The categories of PII that the Professional Center
may collect from you include your name, address, email address,
phone number, username and password, school affiliation, user
preferences, and such additional information as you choose to
actively enter into the Professional Center.
AUTOMATICALLY-COLLECTED INFORMATION
When you use the Professional Center, we may automatically
track, collect, and store the following types of information
(referred to as "Automatically-Collected Information"): 1) Date and
time you access the Professional Center; 2) pages visited and
features used, and the order of use; 3) type of computer or other
operating device accessing the Professional Center and type of
browser used to access the Professional Center; and 4) other
similar information about the interaction between your browser and
the Professional Center and activities in which you engage while
using the Professional Center. Unless otherwise stated in this
Statement, Automatically-Collected Information may be combined with
your PII.
When you visit the Professional Center, we collect your Internet
Protocol ("IP") address to track and aggregate
Automatically-Collected Information. We also collect IP addresses
of users when they log onto their accounts on the Professional
Center in order to confirm the applicable user's identity.
REASONS WE COLLECT YOUR PERSONALLY IDENTIFYING INFORMATION
The Professional Center collects PII from you to set up your
user account; to perform a task on the Professional Center, as
requested by you; to enable XAP to respond to your questions or
contact you when necessary in connection with the functioning of
the Professional Center or to provide required notices; and for any
other reason indicated when PII is collected on the Professional
Center.
WAYS IN WHICH PERSONALLY IDENTIFYING INFORMATION AND
AUTOMATICALLY-COLLECTED INFORMATION MAY BE USED
We may use your PII and Automatically-Collected Information to
help diagnose problems with the Professional Center and to
administer the Professional Center. We may use your PII and
Automatically-Collected Information to customize and tailor your
experience using the Professional Center, displaying content that
we think you might be interested in and according to your
preferences.
We may use your PII and Automatically-Collected Information as
described elsewhere in this Privacy Statement.
WITH WHOM PERSONALLY IDENTIFYING INFORMATION AND
AUTOMATICALLY-COLLECTED INFORMATION MAY BE SHARED
Except as set forth below, PII you enter on the Professional
Center is not made available or distributed to third parties,
except with your express consent or at your express direction. In
particular, XAP will not give, sell, rent, trade, transfer,
otherwise provide or provide access to your PII entered through the
Professional Center to any company, individual, or organization for
its use in marketing or commercial solicitation or for any other
purpose, except with your express consent or at your direction,
unless it is pursuant to one of the exceptions listed below or
necessary for operation of the Professional Center.
We may share your PII and Automatically-Collected Information as
follows:
-
School/Organization Administration. Staff at your
school/organization who have administrative accounts on the
Professional Center will be able to review your PII associated with
your account and the activities in which you've engaged while using
the Professional Center.
-
As Directed by You. Any time you request that
we perform a task that involves a transfer of PII, the PII related
to the performance of that task will be made available to the
recipient(s) you designate. For example, if you send an email to a
student through the Professional Center, any PII associated with
and included in your message will be provided to the student.
-
Required by Law. When required by law to comply
with any valid legal process such as a statute, regulation, search
warrant, subpoena, or court order, XAP may supply PII contained in
your Professional Center account as XAP reasonably determines,
based on the advice of counsel, it is legally required to supply.
XAP may also disclose PII in emergency situations, to protect your
safety or the safety of others, to defend against legal claims, to
enforce XAP's contractual or other rights, or to take actions
regarding illegal activities or suspected fraud.
-
Merger, Acquisition, or Sale of XAP. XAP may
transfer your PII and Automatically-Collected Information to
another entity if XAP is involved in a merger, acquisition,
reorganization, restructuring, or other sale or transfer of all or
any portion of its assets or business. In this event, we will, if
allowed, use reasonable efforts to notify you when your information
is transferred to a third party (this notification may be made via
email to you, through your account, or by posting a prominent
notice on the Professional Center). Unless you consent otherwise,
XAP will contractually require any successor to treat your
previously-submitted PII in accordance with the promises made in
this Statement, even after the transfer. But any information you
provide after the transfer will likely be subject to a new privacy
statement, and you should review that statement.
-
Third-Party Service Providers. We may share
Automatically-Collected Information with our third-party service
providers (or allow these service providers to collect
Automatically-Collected Information on our behalf). These
third-party service providers assist us by performing services
related to our operation of the Professional Center (such as
hosting, data storage, security, and analytics services).
SECURITY MEASURES TO PROTECT INFORMATION; DISCLAIMER
XAP uses industry-standard physical, electronic, and procedural
security measures to protect against the loss, misuse, and
unauthorized access, disclosure, alteration, and destruction of PII
and Automatically-Collected Information we collect and store. For
example, the Professional Center encrypts the PII you enter when it
is in route from your browser to the Professional Center web
servers, and again when your PII is in route from the web servers
to the back-end database servers using TLS 1.2. This practice helps
prevent unauthorized third parties from intercepting and gaining
access to your PII during transmission over the Internet. The
Professional Center is WC3 compliant and performs properly on all
major operating system platforms as well as all major modern
internet browsers specifically including, but not limited to,
Windows, Macintosh, Linux, iOS, Chrome, Safari, Firefox, Edge,
Internet Explorer, and the build-in Internet browsers for iOS and
Android.
PII residing on the Professional Center server is password
protected, and account access is provided only to the account
holder who created the password, anyone to whom that account holder
entrusted the password, designated school administrators, and those
employees of XAP who require such access to administer and maintain
the Professional Center or to provide requested customer support to
users of the Professional Center. Each XAP employee who has access
to the PII residing on the Professional Center server has agreed in
writing to respect the privacy of all such PII. XAP trains
employees to protect user information and only authorizes access to
employees who XAP believes have a business need for that
information. XAP holds employees accountable to a Code of Conduct
and Ethics to protect user information.
The safety and security of your PII also depends on you. You
should not send us sensitive PII via email, as this is not secure.
You are also responsible for keeping your account username and
password confidential. Please notify us if you become aware that
your PII is lost, stolen, or used without permission; we may
disable access to your account in order to prevent an unauthorized
third party from accessing your account.
While we take industry-standard security measures to protect the
privacy of your PII, we cannot guarantee that your PII will never
be compromised. No Internet or wireless network transmission is
ever 100% secure, and no security system can prevent all security
breaches. We do not and cannot guarantee that there will be no
unintended disclosures of your PII or that unauthorized third
parties will not defeat our security measures or use nonpublic
information for improper purposes.
COOKIES
We collect and store Automatically-Collected Information through
a standard feature found in browser software called a "cookie." A
cookie is a small file that a website transfers to a user's
computer or other operating device, which may then be stored on the
computer's or other operating device's hard drive. The Professional
Center uses cookies to remember you and personalize your
web-viewing experience by keeping track of your session when using
the Professional Center. Cookies enable you to maintain continuity
as you move from page to page on the Professional Center and to
avoid the nuisance of being asked to provide the same information
repeatedly. Cookies also allow us to make sure that only your
browser can exchange information regarding your account with our
servers. Cookies also provide us Automatically-Collected
Information about Professional Center features used and activities
conducted while using the Professional Center. We may use cookies
to aggregate data about user traffic on and user interaction with
the Professional Center so we can offer better experiences and
tools in the future. The cookies we use are called session cookies,
meaning they are set when you use the Professional Center and are
erased when you end your session on the Professional Center or
completely close your browser. The cookies we use do not remain on
your hard drive after you end your session on the Professional
Center or completely close your browser.
Third-Party Cookies
We use third-party services provided by Google Analytics to
track and analyze your Professional Center activity. In order to
gather this Automatically-Collected Information, we use a Google
Analytics cookie on Professional Center. If you don't want your
Automatically-Collected Information used by Google Analytics,
Google recommends installing the Google Analytics Opt-out Browser
Ad-on, located here: https://tools.google.com/dlpage/gaoptout/
Don't want cookies?
Most browsers are initially set to accept cookies. If you don't
want cookies, you can set your browser to disable or refuse cookies
or to alert you when cookies are being used. Please refer to your
browser for information on how to disable and control cookies. You
should note, however, that various Professional Center services and
features will not function properly when cookies are not
utilized.
LINKS
The Professional Center hosts links to other sites or resources,
and you may link to one of those sites or resources for a variety
of purposes. These sites and resources have privacy statements that
may differ from that of the Professional Center, and for your
protection, we recommend that you read and understand the privacy
statement at any website prior to providing personal information on
that website or otherwise continuing to use that website. XAP is
not responsible for the privacy practices or the content of any
websites to which the Professional Center links or for the conduct
of persons operating those websites. XAP does not have control over
such external sites and resources. XAP shall not be liable for any
content, advertising, products, or other materials on or available
from such sites or resources. In addition, XAP shall not be
responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of
or reliance on any such content, advertising, products, or
materials on or available through any such site or resource.
MODIFYING YOUR INFORMATION
You may update on the Professional Center the PII you previously
provided. To modify PII: (i) Sign in to the Professional Center,
(ii) access your account, (iii) modify that information using
standard word-processing techniques, and (iv) save the change. If
you want to remove PII that is in a required field (and not replace
it with other data), you will need to contact XAP at 1-800-468-6927
and request that your account be inactivated. Please note that if
you modify or delete any PII, we may retain the earlier-submitted
PII, as descried in the Section below entitled "Retention and
Storage."
Finally, note that the school with which you are affiliated may,
at any time, request that XAP suspend or inactivate your account
permanently. XAP will comply with any such request made by the
school with which you are affiliated. If you dispute the suspension
or account inactivation, you must address that with the school with
which you are affiliated, as applicable.
RETENTION AND STORAGE
We retain all PII and Automatically-Collected Information in our
databases to fulfill the purpose for which the information was
collected. Because the Professional Center is intended to help you
assist students to set goals and plan for their future educations
and career paths, the PII you put into the Professional Center will
be retained until you ask us to remove your information or until
the school with which you are affiliated asks us to remove your PII
or inactivate your account (such as if your employment is
terminated for any reason). Note that even after you ask that we
remove your information from our databases or even after the school
with which you are affiliated asks us to remove your PII or
inactivate your account, it may be impossible to remove some
information, such as information tracked in our web server log
files and information that may reside in backup files. We may also
retain Automatically-Collected Information for use in the aggregate
and to analyze and improve the Professional Center. Further, we may
retain PII and Automatically-Collected Information to comply with
applicable laws, rules, regulations, or guidelines; to prevent
fraudulent activity; to protect ourselves against liability; to
resolve disputes; and to enforce our contractual or other rights.
Notwithstanding the foregoing, XAP will not retain PII for longer
than is allowed under applicable law.
AMENDING THIS PRIVACY STATEMENT
XAP may amend this Privacy Statement periodically. We will post
any new Privacy Statement here, and you should review this
Statement regularly to make sure you are aware of its terms. You
can determine if this Statement has been revised since your last
visit to the Professional Center by referring to the "last updated"
date at the top of this Statement. If XAP makes any substantial
changes to this Privacy Statement, XAP may also notify you (i) by
posting a message on the Professional Center homepage for at least
thirty (30) days; or (ii) by providing direct notice to you via
your contact information or by requiring that you agree to the
revised Statement the next time you log into your account on the
Professional Center. Once posted to the Professional
Center, the new Privacy Statement will apply to all data previously
submitted and subsequently submitted to the Professional Center,
unless such use is prohibited by law.
UNENFORCEABILITY
If any part of this Statement is determined to be invalid,
illegal, or unenforceable under applicable law, then the invalid,
illegal, or unenforceable provision will be deemed to be superseded
by a valid, legal, and enforceable provision that most closely
matches the intent of the original provision, and the remainder of
this Statement will continue in full force and effect.
QUESTIONS
If you have any questions about this Privacy Statement and the
privacy practices on this site, you may contact us at support@xap.com.