Access LearningTM

Privacy Policy




NXTPUB, INC.

PRIVACY POLICY

This Privacy Policy (this “Privacy Policy”) represents a binding legal agreement between you and NxtPub, Inc., an Oregon corporation (“NxtPub” or “we,” “our,” or us”) for the access and use of the software application, associated media, printed materials, data, and any online or electronic documentation (“Application”) NxtPub makes available. This Privacy Policy details important information regarding the use and disclosure of user information collected by the Application.

1.FERPA

1.1 We are committed to working with our Users to comply with laws, rules, and regulations governing the use and protection of Student Records, including the Family Educational Rights and Privacy Act (FERPA) and its implementing regulations, applicable state laws, and statues governing Student Records we receive from Users. As such, NxtPub is committed to protecting the security, confidentiality, and integrity of Student Records that we receive from Users, as well as to protect against unauthorized access or anticipated threats.

2.Personal Information.

2.1User Provided Information. This Application may request some personally identifiable information (i.e., information that can reasonably be used to identify you personally, or information associated with the foregoing) when you create your personal account, including, but not limited to, (i) your name or initials, email address, password, and other registration information; (ii) transaction-related information, such as when you make purchases, respond to any offers, or download or use our Application; (iii) information you provide us when you contact us for help; and (iv) credit card information (collectively, “Personal Information”). If you correspond with us by email, we may retain the content of your email messages, your email address and our responses.

2.2 Cookies Information. When you use this Application, we may send one or more cookies to your device that uniquely identifies your browser and facilitate your use of this Application. A cookie does not collect Personal Information about you. You may refuse the installation of cookies by selecting the appropriate settings on your browser; however, please note that if you do so you may not be able to use all functions of this Application.

2.3 Device Information. NxtPub may collect certain information automatically from your device, including, but not limited to the type of device you use, your device’s unique device ID, the IP address of your device, your operating system, the type of Internet browser you use, your mobile network information, and information about the way you use this Application. You can stop all collection of information by uninstalling this Application. You may use the standard uninstall processes as may be available as part of your device or via the application marketplace or network. You can request to opt out of emails by contacting NxtPub.

2.4Reader Information. NxtPub’s Application will collect usage information, such as how many times you open eBook files, what pages you access in eBook files, and the files you most or least frequently access.

3. Sharing Your Information.

3.1 Personally Identifiable Information. NxtPub will not rent or sell your personally identifiable information to others. NxtPub will not disclose Personal Information to any third party unless required to do so by law or subpoena or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of this Application; and (c) to exercise or protect the rights, property, or personal safety of NxtPub, our users or others.

3.2 Non-Personally Identifiable Information. NxtPub may share non-personally identifiable information (such as aggregated usage data, referring/exit pages and URLs, platform types, number of clicks, et cetera) with interested third parties to help them understand the usage patterns for certain NxtPub services. NxtPub may allow other companies, called third-party ad servers or ad networks, to serve advertisements. These third-party ad servers or ad networks use technology to send the advertisements and links that appear on this Application. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content. NxtPub does not provide any personally identifiable information to these third-party ad servers or ad networks. However, please note that if an advertiser asks NxtPub to show an advertisement to a certain audience and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. You should consult the respective privacy policies of these third-party ad servers or ad networks. NxtPub cannot control the activities of such advertisers.

3.3 Protecting Personal Information. NxtPub uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your Personal Information. We cannot, however, ensure or warrant the security of any information you transmit to NxtPub and you do so at your own risk. Once we receive your transmission of information, NxtPub makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. In the event that Personal Information is compromised as a result of a breach of security, NxtPub will promptly notify those persons whose Personal Information has been compromised, in accordance with applicable law.

4. Children’s Privacy. Protecting the privacy of young children is especially important. Any child under the age of 13 using the service must do so with permission from a parent or guardian. We do not knowingly collect personal information (including full name, email address, telephone number or home address) from children under the age of 13 in our Application. If you are under age 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal information to or on behalf of NxtPub. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under age 13, please contact us immediately. We encourage parents to take an active role in their children's activity on their online devices. Any data that we share is done so on an anonymous, aggregate basis among all users or is related to communicating reading behavior patterns to publishers.

5.Links to Third Party Websites and Applications. This Application may contain links to third-party sites. Any linked sites are not under the control of NxtPub, and NxtPub is not responsible for the contents of any linked site, any link contained in a linked site, any changes or updates to such linked sites, or any transmission from any linked site. The inclusion of any link does not imply endorsement by NxtPub of the site. Please remember that when you use a link to navigate from our Application to another website or application, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website or application, include those that have a link on our Application, is subject to that website’s or application’s own rules and policies. Please read over those rules and policies before proceeding.

6.Changes to Our Privacy Policy. If we change our privacy policies and/or procedures, we will post those changes on our Application to keep you aware of what information we collect, how we use it, and under what circumstances we may disclose it. Changes to this Privacy Policy are effective when they are posted on this page.

7.Miscellaneous.

7.1 Notification. It is our policy to provide notifications, whether such notifications are required by law or are for marketing purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our Application, as determined by NxtPub in its sole discretion. We reserve the right to determine the form and means of providing notifications to you. If you do not want to receive marketing messages, you may opt out by changing your settings on the Settings page. You may not opt out of legally-required notifications.

7.2 Attorney Fees. In the event that any legal action, including arbitration, is required in order to enforce or interpret any of the provisions of this Privacy Policy, the prevailing party in such action will recover all reasonable costs and expenses, including attorney fees, incurred in connection therewith and on any appeal.

7.3 Governing Law. This Privacy Policy will be governed by and construed in accordance under the laws of the State of Oregon excluding choice of law principles, and in no event will this Privacy Policy be governed by the United Nations Convention on Contracts for the International Sale of Goods. Venue for any action brought by either party under this Privacy Policy shall be with a state or federal court in Multnomah County, Oregon.

7.4 Unenforceability. If any term of this Privacy Policy is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of this Privacy Policy will remain in full force and effect.

7.5 Nonwaiver. No waiver of any right under this Privacy Policy will be deemed effective unless contained in writing, signed by a duly authorized representative of the party against whom the waiver is to be asserted, and no waiver of any past or present right arising from any breach or failure to perform will be deemed to be a waiver of any future rights arising out of this Privacy Policy.

7.6 Entire Agreement. This Privacy Policy constitutes the entire agreement between the parties with respect to its subject matter, and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the subject matter. Both parties acknowledge that they have not been induced to enter into this Privacy Policy by any representations or promises not specifically stated herein. If you have any questions about this Application or this Privacy Policy, you can contact NxtPub by mail or facsimile at:

NxtPub, Inc.

515 NW Saltzman Rd., #776

Portland, Oregon 97229

Fax Number: 503-296-2334