Table of Contents
- 1.0 Terms of Service
1.0 Terms of Service
(Last Updated May 25, 2018)
GuidedPath (“GuidedPath”) provides access to its online educational consultant practice management solution (“The Service”). The company identified on the Order Form (as defined below) during registration (“Customer”) desires to subscribe to The Service on a free trial basis for up to thirty (30) days or for a paid subscription period indicated on the online Order Form (“Term”). GuidedPath desires to provide The Service to Customer on the terms and conditions set forth in this Subscription Agreement (“Agreement”) by permitting Customer to access to the proprietary GuidedPath technology (including hardware and software) to deliver The Service, provided that Customer accepts all the terms in this Agreement.
1.1 GuidedPath Service
A. Right to Access The Service. Subject to the terms of this Agreement, GuidedPath hereby grants to Customer non-exclusive right to access and use The Service during the Trial Period or if Customer is purchasing a paid subscription, during the Subscription Period. In addition, each paid subscription is provided in accordance with the online Sign Up Form by the parties representing the initial subscription to The Service (and any subsequent modifications to the subscription agreed to between the parties in writing) that are made a part of this Agreement. The Sign Up Form specifies certain terms related to Customer’s access to The Service, including the amount of fees to be paid by Customer (“Fees”), the number of potential user representatives of Customer who are authorized to use The Service on behalf of Customer (“Users”), and the Subscription Term and Level of The Service. Customer may use The Service solely for Customer’s internal business purposes and only in accordance with the designated, specifications furnished by GuidedPath that describe the features, functionality or operation of The System (“Documentation”). Customer is solely responsible for providing, at its own expense, all network access to The System, including, without limitation, acquiring, installing and maintaining all telecommunications equipment, hardware, software and other equipment as may be necessary to connect to, access and use The Service.
B. Users. Access to the Service cannot be shared with anyone other than a User. As User can be an “Advisor” or a “Student” or a “Student Connection”. If Customer wishes to add additional Advisor Users during the Subscription Period, Customer can do so at anytime for no charge. If Customer wishes to add a Student User, Customer can add the Student Users from within The System. GuidedPath shall make The Service available to the additional Student Users on the terms and conditions set forth in this Agreement and the Customer’s active Subscription Plan may be altered. With respect to additional Users: (i) the term will be coterminous with the preexisting Subscription Period; and (ii) Customer will be responsible for any additional Fees (as defined below) for the additional Users in full for the month in which the new Student Users are added. Monthly charges are prorated for students added or removed during the month.
C. Service Levels. Subject to the terms of this Agreement, GuidedPath shall use commercially reasonable efforts to (a) maintain the security of The Service; (b) provide the support services described below; (c) perform regular backups for the data and information contained in our database or other similar content submitted by Customer through The Service or provided by Customer to GuidedPath as part of the The Service (“Customer Data”) and (d) make the The Service generally available 24 hours a day, 7 days a week, except during planned down time, which shall be any period outside of the hours of 6:00 a.m. 7:30 p.m. (Mountain Time) Monday through Friday and 8:00 a.m. to 5:00 p.m. (Mountain Time) Saturday, Sunday, and holidays for which GuidedPath gives eight (8) hours or more notice that The Service will be unavailable. GuidedPath maintains a weekly service window every Thursday from 8:30 p.m. (Mountain Time) until midnight.
D. Support Services. During the term of the Agreement, GuidedPath will provide Customer the following standard maintenance services relating to The System
1. Corrections of substantial defects in The System so that The System will operate as described in the current Documentation in all material respects.
2. At the sole discretion of GuidedPath, periodic updates to The System that may incorporate (a) corrections of any substantial errors, (b) fixes of any minor bugs, and (c) enhancements to The System.
3. Web based support by trained personnel from 9:00am to 5:00pm (MST) during regular business days Monday through Friday not including national holidays, on the use of The System. Support replies within 24 hours during regular business hours. Such support may be provided via electronic mail, public bulletin boards, web-based chat and training, telephone service, and/or other similar methods.
1.2 Customer’s Use of the Service
A. Access and Security Guidelines. Customer shall be responsible for ensuring the security and confidentiality of all provided User IDs. User IDs may be shared within Customer’s organization, provided that User IDs may not be provided to any individual who is not a User and each User account and User ID may be assigned to and used by only one individual User. Customer will use commercially reasonable efforts to prevent unauthorized access to, or use of, The Service and will notify GuidedPath promptly of any such unauthorized use of which Customer becomes aware. Customer will not use its access to The Service to: (a) harvest, collect, gather or assemble information or data regarding other users without their consent; (b) access or copy any data or information of other GuidedPath customers without their consent; (c) knowingly interfere with or disrupt the integrity or performance of The Service, or the data contained therein; or (d) harass or interfere with another GuidedPath customer’s use and enjoyment of the The Service. Customer will, at all times, comply with all applicable local, state, federal, and foreign laws in using The Service.
B. Customer Data. Customer is solely responsible for the Customer Data and will not provide, post or transmit any Customer Data or any other information, data or material that: (a) infringes or violates any intellectual property rights, publicity or privacy rights, law or regulation; or (b) contains any viruses or programming routines intended to damage, surreptitiously intercept or expropriate any system, data or personal information; or (c) contains information such as usernames or passwords that may compromise the security of other systems. GuidedPath may request or take remedial action if Customer Data violates Section 1.2, however, GuidedPath is under no obligation to review Customer Data for accuracy or potential liability.
C. Use Restrictions. Customer is responsible for all activities that occur under Customer’s User accounts. Customer will not, and will not attempt to: (a) reverse engineer, disassemble or decompile any component of The System; (b) interfere in any manner with the operation of The System; (c) allow a third party to access The Service or transfer to a third party any of Customer’s rights under this Agreement, except as otherwise provided in this Agreement, or otherwise use The Service for the benefit of a third party or to operate a service bureau; (d) copy, modify or make derivative works based on any part of The Service; or (e) otherwise use The Service in any manner that exceeds the scope of use permitted under Section 1.1 and Section 1.2 above.
1.3 Fees, Payment and Suspension of Services
Customer, not Students or Student Connections, will pay GuidedPath the Fees set forth in and in accordance with the website (www.GuidedPath.net) and online Order Form. All Fees will be billed at the end of the free trial period and again on an annual or monthly basis based on the Term. Fees are to be paid immediately via Customers pre-authorized credit card. Unless otherwise agreed to by GuidedPath and Customer. There is no charge for the use of The Service during the Trial Period. If Customer continues to use The Service after expiration of the Trial Period, Customer will be deemed to have (a) agreed to obtain The Service for the Subscription Term set forth in Section 6.1; (b) reaffirmed its agreement to this Agreement as it relates to a Subscription Term and (c) will pay GuidedPath the then-current Fees set-forth in the Online Order Form for such Subscription Term. Overdue amounts may accrue a fee in the amount of $30 per month. Customer shall reimburse GuidedPath for all expenses (including reasonable attorneys’ fees) incurred by GuidedPath to collect any amount that is not paid when due. All Fees owed by Customer in connection with this Agreement are exclusive of, and Customer shall pay, all sales, use, excise and other taxes that may be levied upon Customer in connection with this Agreement, or other transactions contemplated under this Agreement. If any Fees are more than thirty (30) days overdue, GuidedPath may choose to discontinue The Service and suspend all User ID’s and Customer’s access to The Service until such amounts are paid in full. We ask that Customer shall maintain complete, accurate and up-to-date Credit Card and Customer billing and contact information at all times.
A. Definition. “Confidential Information” means all information regarding a party’s business disclosed under this Agreement, including, without limitation, technical, marketing, financial, employee, planning that is clearly identified as confidential or proprietary at the time of disclosure or that the receiving party knew or should have known, under the circumstances, was considered confidential or proprietary. Confidential Information of Customer includes the Customer Data Confidential Information of GuidedPath includes information derived from or concerning The Service, or the Documentation and the terms of this Agreement.
B. Obligation. Each party agrees (a) to hold the other party’s Confidential Information in strict confidence, (b) to limit access to the other party’s Confidential Information to those of its employees or agents having a need to know and who are bound by confidentiality obligations at least as restrictive as those contained herein, and (c) not to use such Confidential Information for any purpose except as expressly permitted hereunder. Notwithstanding the foregoing, the receiving party will not be in violation of this Section 4.2 with regard to a disclosure that was in response to a valid order or requirement by a court or other governmental body, provided that the receiving party gives the other party with prior written notice of such disclosure in order to permit the other party to seek confidential treatment of such information.
C. Exceptions. The restrictions on use and disclosure of Confidential Information set forth above will not apply to any Confidential Information, or portion thereof, which (a) is or becomes a part of the public domain through no act or omission of the receiving party, (b) was in the receiving party’s lawful possession prior to the disclosure, as shown by the receiving party’s competent written records, (c) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, as shown by the receiving party’s competent written records, or (d) is lawfully disclosed to the receiving party by a third party without restriction on disclosure.
A. The System and Technology. Customer acknowledges that GuidedPath retains all right, title and interest in and to The System and all software, materials, formats, interfaces, information, data, content and GuidedPath proprietary information and technology used by GuidedPath or provided to Customer in connection with the Service (the “GuidedPath Technology”), and that the GuidedPath Technology is protected by intellectual property rights owned by or licensed to GuidedPath. Other than as expressly set forth in this Agreement, no license or other rights in the GuidedPath Technology are granted to the Customer and all such rights are hereby expressly reserved by GuidedPath.
B. Customer Data. Customer retains all right, title and interest in and to the Customer Data. GuidedPath will only use Customer Data to provide The Service for Customer under this Agreement. Customer will be solely responsible for providing all Customer Data required for the proper operation of The Service. Customer grants to GuidedPath all necessary licenses in and to such Customer Data solely as necessary for GuidedPath to provide The Service to Customer. Periodically, GuidedPath will access and use Customer Data to aggregate analytics. Such data aggregation will remain anonymous and not tied to any one Customer.
1.6 Term and Termination
A. Term. The Trial Period will commence when this Agreement is agreed to by Customer and online Sign Up Form is completed and expire thirty (30) days. The initial Subscription Term will commence upon expiration of the free trial and continue for one (1) year, or one (1) month, unless otherwise agreed to by GuidedPath and Customer. Thereafter, the Subscription Term will renew for additional one (1) year, or one (1) month Terms unless either party gives the other party prior written notice of non-renewal within thirty (30) days prior to the expiration of the then-current Subscription Term renewal date. GuidedPath reserves the right to increase the Fees applicable to any renewal term upon written notice to Customer.
B. Early Termination. Either party may terminate this Agreement upon written notice if the other party materially breaches the Agreement and does not cure such breach (if curable) within thirty (30) days after written notice of such breach. Either party may terminate the Trial Period upon written notice to the other party. Upon the termination of this Agreement for any reason, any amounts owed to GuidedPath under this Agreement before such termination will become immediately due and payable; GuidedPath agrees that upon any early termination of this Agreement, GuidedPath will allow the Customer to access, without the right to modify, enhance or add to, the Customer Data (either through on-line access or an off-line mechanism provided by GuidedPath) for a reasonable time period after termination. Thereafter, GuidedPath will immediately remove access to all Customer Data from The System. The rights and duties of the parties under Sections 2, 4, 5, 6.2, 7, 8, 9 and 10, as well as any payment obligations, will survive the termination or expiration of this Agreement for any reason.
GuidedPath makes no warranty concerning The System or GuidedPath Service and Customer acknowledges that GuidedPath’s sole obligation with regard to The Service is to provide the support services described in Section 1.3 hereof. ACCORDINGLY, THE SERVICE, THE GUIDEDPATH SYSTEM AND ALL OTHER DATA, MATERIALS, AND DOCUMENTATION PROVIDED IN CONNECTION WITH THIS AGREEMENT BY GUIDEDPATH AND ITS SUPPLIERS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. GUIDEDPATH AND ITS SUPPLIERS MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. GUIDEDPATH DOES NOT WARRANT THAT THE GUIDEDPATH SERVICE WILL BE PROVIDED ERROR-FREE, UNINTERRUPTED, COMPLETELY SECURE, OR VIRUS-FREE.
A. By GuidedPath. If any action is instituted by a third party against Customer based upon a claim that The Service, as delivered, infringes a United States patent, copyright or trademark, GuidedPath shall defend such action at its own expense on behalf of Customer and shall pay all damages attributable to such claim which are finally awarded against Customer or paid in settlement of such claim. GuidedPath may, at its option and expense, and as Customer’s exclusive remedy hereunder, (a) procure for Customer the right to continue using The Service during the Term, (b) replace or modify The Service so that it is no longer infringing but continues to provide comparable functionality, or (c) terminate this Agreement and Customer’s access to The Service and refund any amounts previously paid for The Service attributable to the remainder of the then-current term of this Agreement. GuidedPath shall have no liability to Customer for any infringement action which arises out of a breach of the terms and conditions of this Agreement by Customer or of the use of The Service (i) after it has been modified by Customer or a third party without GuidedPath’s prior written consent, or (ii) in combination with any other service, equipment, software or process not provided by GuidedPath. This Section sets forth the entire obligation of GuidedPath and the exclusive remedy of Customer against GuidedPath or any of its suppliers for any alleged infringement or adjudicated infringement of any patent, copyright or other intellectual property right by The Service.
B. By Customer. If any action is instituted by a third party against GuidedPath (a) arising out of or relating to Customer’s use of The System (including claims by any customer or business partner of Customer); or (b) alleging that the Customer Data, or the use of Customer Data pursuant to this Agreement, infringes the intellectual property or other rights of a third party or otherwise causes harm to a third party, Customer will defend such action at its own expense on behalf of GuidedPath and shall pay all damages attributable to such claim which are finally awarded against GuidedPath or paid in settlement of such claim. Customer shall have no obligation under this Section for any claim or action that is described in Section 8.1 above or arises out of a breach of this Agreement by GuidedPath.
C. Conditions. Any party that is seeking to be indemnified under the provision of this Section 8 (an “Indemnified Party”) must (a) promptly notify the other party (the “Indemnifying Party”) of any third-party claim, suit, or action for which it is seeking an indemnity hereunder (a “Claim”), and (b) give the Indemnifying Party the sole control over the defense of such Claim. However, if an Indemnified Party fails to notify the Indemnifying Party promptly, the Indemnifying Party will be relieved of its obligations under this Section 8 only if and to the extent that its ability to defend the Claim is materially prejudiced by such failure. The Indemnifying Party may settle or compromise a Claim without the Indemnified Party’s prior approval of any such settlement or compromise only if (i) such settlement involves no finding or admission of any breach by an Indemnified Party of any obligation to any third party, (ii) such settlement has no effect on any other claim that may be made against an Indemnified Party or any defense that an Indemnified Party may assert in any such claim, and (iii) the sole relief provided in connection with such settlement is monetary damages that are paid in full by the Indemnifying Party. Upon the Indemnifying Party’s assumption of the defense of such Claim, the Indemnified Party will cooperate with the Indemnifying Party in such defense, at the Indemnifying Party’s expense.
1.9 Limitation of Liability
GUIDEDPATH’S TOTAL CUMULATIVE LIABILITY TO CUSTOMER FOR ANY AND ALL CLAIMS ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT (UNDER ANY LEGAL THEORY INCLUDING CLAIMS IN CONTRACT OR TORT), THE SERVICE AND THE SYSTEM, WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNTS ACTUALLY PAID TO GUIDEDPATH BY CUSTOMER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE CUSTOMER’S FORMAL WRITTEN NOTICE OF THE CLAIM FOR LIABILITY HEREUNDER. ALL CLAIMS THAT CUSTOMER MAY HAVE AGAINST GUIDEDPATH WILL BE AGGREGATED TO SATISFY THIS LIMIT AND MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. IN NO EVENT WILL GUIDEDPATH BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (UNDER ANY LEGAL THEORY INCLUDING CLAIMS IN CONTRACT OR TORT), INCLUDING, BUT NOT LIMITED TO, INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS, AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF ANY INFORMATION OR DATA OR OF THE SYSTEM OR THE SERVICE, EVEN IF GUIDEDPATH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
1.10 General Provisions
A. Publicity. During the Trial Period, neither party may make public announcements referencing the other party or this Agreement. Following expiration of the Trial Period and during any Subscription Term, GuidedPath and Customer may make public announcements, including but not limited to, press releases and media announcements, of the existence of this Agreement and the relationship between the parties. All public announcements by either party concerning this Agreement are subject to prior written approval by Customer and GuidedPath, which approval shall not be unreasonably withheld. The parties will use reasonable efforts to review and approve public announcements within three (3) days of submittal. Customer agrees to allow GuidedPath to use Customer’s name in customer lists and other promotional materials describing Customer as a customer of GuidedPath and a user of the The Service.
B. Assignment. Neither party may assign any rights or obligations arising under this Agreement, whether by operation or law or otherwise, without the prior written consent of the other; except that either party may assign this Agreement without consent of the other party in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets whether by merger, sale of assets, sale of stock, or otherwise. Any attempted assignment or transfer in violation of the foregoing will be void. Customer agrees that GuidedPath may subcontract certain aspects of The Service to qualified third parties, provided that any such subcontracting arrangement will not relieve GuidedPath of any of its obligations hereunder. Subject to the foregoing limitation, this Agreement shall inure to the benefit of and shall be binding on the parties’ permitted successors and assignees.
C. Governing Law and Venue. This Agreement will be governed by and construed in accordance with the laws of the State of Delaware without giving effect to principles of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Any action or proceeding arising from or relating to this Agreement must be brought in a federal or state court sitting in Delaware, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding. If a dispute arising under this Agreement results in litigation, the non-prevailing party shall pay the court costs and reasonable attorneys’ fees of the prevailing party.
D. Force Majeure. Any failure to perform or delay in the performance of any duties or obligations of GuidedPath set forth in this Agreement (including any downtime) will not be considered a breach of this Agreement if such failure or delay is caused by circumstances beyond GuidedPath’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, telecommunications or network failures or delays, computer failures involving hardware or software not within GuidedPath’s possession or reasonable control and acts of vandalism (including network intrusions and denial of service attacks) (“Force Majeure Events”). GuidedPath will exercise reasonable care and diligence to avoid and/or mitigate in anticipation of or in response to such Force Majeure Events.
E. Notices. Any notice or other communication required or permitted under this Agreement and intended to have legal effect must be given in writing to the other party at the address set forth above (each party may change its address from time to time upon written notice to the other party of the new address). Notices will be deemed to have been given upon receipt (or when delivery is refused) and may be (a) delivered personally, (b) sent via certified mail (return receipt requested) (c) sent via cable, telegram, telex, telecopier, fax (all with confirmation of receipt), or (d) sent by recognized air courier service.
F. Severability and Waiver. In the event that any provision of this Agreement is held to be invalid or unenforceable, the valid or enforceable portion thereof and the remaining provisions of this Agreement will remain in full force and effect. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. All waivers must be in writing. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
G. Relationship of the Parties. The parties to this Agreement are independent contractors, and no agency, partnership, franchise, joint venture or employee-employer relationship is intended or created by this Agreement.
H. Entire Agreement. This Agreement is the entire understanding and agreement of the parties, and supersedes any and all previous and contemporaneous understandings, agreements, proposals or representations, written or oral, between the parties, as to the subject matter hereof. Only a writing signed by both parties may modify it.
I. Modification to Terms. GuidedPath reserves the right to modify the terms and conditions of this Agreement or its policies relating to The System and The Service at any time, effective upon posting of an updated version of this Agreement on the GuidedPath website (www.GuidedPath.net). You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
(Last Updated May 25, 2018)
What Information We Collect About Students
As described above, we collect personal information from students to help parents manage their family’s educational and/or college application goals.
GuidedPath provides services to users throughout the world. If you use our services in the United States or in the European Union or elsewhere, Planmycollege, Inc. is the data controller. The address for the data controller of the information you provide or that is collected by GuidedPath or GuidedPath or its affiliates is:
ATTN: Privacy Officer
2734 Bayview Drive
Fremont, CA 94538-6518
2.1 Types of Information We Collect and How We Use Your Information
A. Personal Information. In order to access and utilize the GuidedPath services, one is required to become a registered user. As part of the registration process, one is required to provide the following: (1) name; (2) email address; (3) user name; and (4) password. All registration information provided to us must comply with the GuidedPath Terms of Service Agreement. We collect a student’s age and name from her or his parents during the college planning process which may include but is not limited to academic records (including school name, grades, and transcript records), extracurricular activities, location information, target college list and college application materials which may include personal essays in draft and final form. Additional personal information as part of a Student and/or Family Profile that may be provided by a parent and/or student may include the following:
- First and last name
- Display Name
- Time Zone
- Phone Number
- Cell Phone
- Cell Phone Provider
- Email Address
As part of the user experience, you may also exchange information with us that would be part of the personal information we collect. Examples include but are not limited to the following: (1) information provided when you download or use applications from us; (2) information you enter into our system and post as part of using our services (e.g. photos, videos, comments, voice recordings and other multimedia communication materials); (3) information you provide to us when contacting us for help; (4) profile information you provide for your personal user profile (e.g. age, first and last name, picture, image or likeness, phone number, etc.); and (5) data accumulated via our services.
- Specific Use of Personal Information. The information we collect allows us to provide you with a relevant user experience as well as a mechanism to keep you informed on GuidedPath’s latest product announcements, software updates, and promotional information. If you so desire, you can remove yourself from our mailing list by opting out by updating your profile preferences. In order to receive the benefits of the Services offered, your email address is shared with our third-party providers and you shall comply with their registration requirements. However, you may opt out of uploading data to our third-party providers by updating your preferences or by contacting us at info@GuidedPath.net.
Other uses of personal information may be for validating a user account, fraud prevention, or other data safety precautions GuidedPath may elect to implement. Additionally, we may use personal information for our internal purposes such as data analysis, auditing, and research to improve our services to you.
B. Non-Personal Information and Its Use. GuidedPath collects information that in and of itself does not permit direct association with any specific person. In the case of non-personal information GuidedPath has the right to collect, transfer, use, and disclose this information for any purpose. Examples of non-personal information and its intended use:
- Device related information. We may collect information such as the user device identifier (IDFA), type of mobile device, IP address of your mobile device, mobile operating system, and type of mobile Internet browsers. The device identifier itself may deliver the information to us directly or we may obtain this information via a third-party partner and/or affiliate. We use the information for the express purpose of better understanding customer behavior and improving our products and services.
- User activity with our services. We may collect and store details on how you interact with our services. This may help us improve our service offerings and to provide a better user experience.
- Metadata. Metadata is unique technical data that is generally associated with User Content. Metadata allows one to make their User Content more searchable when interacting with our Service. An example of metadata would be a hashtag or some form of geotag that would allow others to more readily find your submitted content and/or its given location.
C. Location Based Information. Use of the GuidedPath services, permits us to collect precise information about the location of your particular device. Location may include but is not limited to background location information between Users. We may use your location information to provide requested location services and to allow tagging of files. You may opt out by changing your geo-location settings consistent with your device protocol.
D. Information from Other Sources. This may include:
- User feedback
- Requesting services for or on your behalf
- Users or others providing information in relation to any claim or dispute
- GuidedPath business partners including those with whom you may create or access your account, such as payment providers, social media users, or websites who use GuidedPath ’s APIs or whose API GuidedPath uses
- Publicly available sources
- Marketing service providers
GuidedPath may combine the information gathered from these other sources with other information in its possession.
2.2 Cookies and Other Tracking Technologies
“Cookies” are small data files that are sent to your web browser when you access a website, and the files stored on your device’s hard drive. We use “session” cookies to keep you logged in while you use the Site, to track your preferences and to track trends and monitor usage and web traffic information on the Site. These are erased when you close your browser. We use “persistent” cookies to relate your use of our Service to other information about you and store information about your preferences to make your user experience consistent and customized. For example, we may create a persistent cookie that includes some basic information about you, like your favorite website locations and whether customer support responded to your inquiry. These cookies stay on your hard drive until you erase them, or they expire and associate your information with your account even if you are logged out.
Certain features of the Site may use local shared objects (or “flash cookies”). Flash cookies are small files similar to browser cookies that collect and store information about your preferences and where you browse and what you look at on the Site. Flash cookies are not managed by the same browser or device settings that are used for browser cookies. You may adjust your Adobe Flash Player settings to prevent flash cookies from being placed on your hard drive.
We may use “clear GIFs” (aka “web beacons” or “pixel tags”) or similar technologies, on our Service or in our communications with you to enable us to know whether you have visited a part of our Service or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a website or in an email or other type of message, which is retrieved from a remote website on the Internet enabling the verification of an individual’s viewing or receipt of a website or message.
We do not automatically collect Personal Information, but we may tie Personal Information with the automatically collected information using the above tools or information collected from other sources.
We may also log information using digital images called web beacons on our Site or in our emails. We may use web beacons to manage cookies, count visits, and to learn what marketing works and what does not. We may also use web beacons to tell if you open or act on our emails.
We also use third party analytics services to collect usage data from our Site in order to help us understand how users are interacting with our Site. Third party analytic services are used to track general location information, and events that occur without our Site, such as how often you use our Site. This information, including your IP address, is transmitted and stored by 3rd parties as determined by us.
IP Address Information and Other Information Collected Automatically
We automatically receive and record log file information from your web browser when you interact with the Site, including your IP address and cookie information. Generally, the Site automatically collects usage information, such as the number and frequency of visitors to the Site. We may use this data in aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. This type of aggregate data enables us and third parties authorized by us to figure out how often individuals use parts of the Service so that we can analyze and improve them.
2.3 Third-Party Sites and Services
GuidedPath products, services, and Site may contain links to third-party services (e.g. Facebook, Twitter, Google etc.), products, and websites. Information collected by third parties is governed by their privacy policies and practices. We encourage you to read and learn about their specific privacy practices.
Information Sharing and Disclosure
From time-to-time, GuidedPath may make certain personal information available to product and service partners. Specific ways GuidedPath shares with third parties are described below:
A. Third-Party Service Providers. GuidedPath may elect to outsource some of its technical and customer support, tracking and reporting functions, quality assurance testing, and other services that it may deem necessary. Examples of the service partners or third-parties we may provide your information to includes but is not limited to our vendors, marketing partners, research firms, and consultants. Additional examples may include:
- Payment processors and facilitators.
- Cloud storage providers.
- Data analytics providers.
- College Advisors and/or Counselors.
- Research partners.
- Consultants, accountants, lawyers, and other professional service providers.
In these specific instances, we may share information about or from you in order for them to provide their services.
C. Investigations. As described in the GuidedPath Terms and Conditions of Use, GuidedPath reserves the right to provide and/or disclose necessary information for investigatory matters. Examples include but are not limited to: 1) compliance with law enforcement or the necessary legal process; 2) behavior and/or use violative of the Terms and Conditions of Use, and 3) instances whereby it is necessary to protect our rights and obligations.
D. User Request. This includes sharing your information with:
- GuidedPath business partners. For example, we may share your location and/or that of the GuidedPath service(s) accessed when you engage the services we may make available to you through our business partners and their affiliates.
E. General public when submitting content to a public forum. Use of our services may enable you communicate with public forums such as GuidedPath blogs, social media, and features that may be offered with our services. If you communicate with use via these channels, your communications may be viewable by the public.
F. With your consent. GuidedPath may share your information other than as we have described in this policy if we notify you and you consent to the sharing.
2.4 Storage of Your Information
The information you provide GuidedPath may be collected through our services and processed in the United States or any other country in which GuidedPath, its subsidiaries, affiliates, and/or service providers maintain facilities.
In turn, GuidedPath uses commercially reasonable standards, measures and/or protocol to keep the information collected through the Service secure and as a result we take cautionary steps to verify your identify before granting you Service access. Moreover, GuidedPath cannot ensure the security of any information submitted or transmitted by you to GuidedPath nor can we guarantee that said information may not be disclosed, destroyed, and/or altered.
Protection of Personal Information
GuidedPath preserves the security of your personal information with the utmost caution. As such, we follow the generally accepted industry standards to protect all user information submitted to us. Although we implement accepted industry standards, we cannot guarantee absolute security with respect to your personal information. Given the fact that no one method of transmission over the Internet or via mobile device is 100% secure, we urge you to take the utmost care when transmitting personal information.
When you use some of the features of the GuidedPath services, the personal information and content you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to share or submit in these instances. Please take care when using these features.
Data Retention and Deletion
GuidedPath will retain your personal information for a minimum of 7 years in connection with regulatory, tax, insurance or other requirements in the places in which it operates. GuidedPath thereafter deletes or anonymizes such information with applicable laws. Users may request deletion of their account at any time. Following such request, GuidedPath deletes the information that it is not required to retain and restricts to or use of an information it is required to retain. You may request deletion of your account by contacting us here at info@GuidedPath.net.
Parents have a right to review the information we have collected about their children, respectively, and to delete it, and to tell us to stop using it. To exercise these rights, you may contact us at info@GuidedPath.net. You will be required to authenticate yourself as the child’s parent to receive information about that child. Please note that copies of information may remain in cached or archived form on our systems after you request us to delete it.
GuidedPath may also retain certain information if necessary for its legitimate business interests, such as fraud prevention and enhancing users’ safety and security. For example, if GuidedPath shuts down a user’s account, GuidedPath may retain certain information about that account to prevent that user from opening a new GuidedPath account in the future.
Access to Personal Information
In order to ensure that your personal information is current and accurate, please log in to your account using GuidedPath application and go to the user profile.
GuidedPath is aware of the importance of protecting the privacy and safety of children who may use our services. In that regard, we do not knowingly solicit data from or market to children under the age of 13. In the event a child’s parent and/or legal guardian becomes aware that their child has provided us with information without their consent, please contact us immediately at info@GuidedPath.net. Once notified, we will delete the information as soon as reasonably possible.
Delaware residents may choose to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes or choose to opt out of such disclosure. To make a request or to opt out at any time, please contact us at info@GuidedPath.net or the other contact information provided below. Our policy is not to disclose Personal Information collected online to a third party for directing marketing without your approval.
GuidedPath uses Stripe as its third-party service provider for payment services (e.g. card acceptance, merchant settlement, and related services). By purchasing any features or products, you agree to be bound by Stripe (https://stripe.com/us/legal) and hereby consent and authorize GuidedPath and Stripe to share any information and payments instructions you provide with Stripe and other third-party service provider(s) to the minimum extent required to complete your transactions.
Customer Credit Card Information: GuidedPath uses a third-party processor to keep a protected copy of your credit card number. This billing data belongs to you, and by utilizing the Service, you grant GuidedPath a license to use this data to bill you for services rendered.
ATTN: Privacy Officer
2734 Bayview Drive
Fremont, CA 94538-6518
2.6 Special Information for EU Users
Beginning May 25, 2018, the processing of personal data of users in the European Union is subject to the EU General Data Protection Regulation (“GDPR”). This section summarizes GuidedPath ’s grounds for processing personal information under the GDPR, and the rights of EU users as relates to GuidedPath ’s handling of personal information. This section provides information as relates to EU users’ rights, and GuidedPath’s responsibilities, under this regulation.
A. EU User Rights
If you are an GuidedPath user in the EU, you have the following rights with respect to GuidedPath ‘s handling of your personal information. To exercise these rights, please see below or submit your request at info@GuidedPath.net.
Users outside the EU may also request explanation, correction, deletion or copies of their personal data by contacting us at info@GuidedPath.net.
- Explanation and copies of your data
- You have the right to request an explanation of the information that GuidedPath has about you and how GuidedPath uses that information.
- You also have the right to receive a copy of the information that GuidedPath collects about you if collected on the basis of consent or because GuidedPath requires the information to provide the services that you request.
- If GuidedPath has information about you that you believe is inaccurate, you have the right to request correction of your information. Please see the section titled “Explanation, Copies and Correction” below for more information on correcting, or requesting correction of, your information.
- Users may request deletion of their accounts at any time. Users may request via GuidedPath ‘s website at info@GuidedPath.net. We may retain certain information about you as required by law and for legitimate business purposes permitted by law.
- Please see the “Data Retention & Deletion” section above for more information regarding GuidedPath ‘s retention and deletion practices.
- Objections and complaints
- Users in the EU have the right to object to GuidedPath ‘s processing of personal data, including for marketing purposes based on profiling and/or automated decision making. GuidedPath may continue to process your information notwithstanding the objection to the extent permitted under GDPR.
- You may also submit questions, comments or complaints to GuidedPath directly at
ATTN: Privacy Officer
2734 Bayview Drive
Fremont, CA 94538-6518
B. Grounds for Processing
The GDPR requires that companies processing the personal data of EU users do so on the basis of specific legal grounds. As described below, GuidedPath processes the information of EU users based on one or more of the grounds specified under the GDPR:
- The processing is necessary to provide the services and features you request
- GuidedPath must collect and use certain information in order to provide its services. This includes:
- User profile information that is necessary to establish and maintain your account, including to verify your identity; enable communications with you about the products you order from us, orders and accounts; and to enable you to make payments.
- GuidedPath website access which will enable you to use the services with us and/or our service partners.
- Usage information, which is necessary to maintain, optimize and enhance GuidedPath ‘s services, including to determine, sometimes in combination with other information, incentives, etc.
- Collection and use of this information is a requirement for using GuidedPath’s website and services.
- GuidedPath must collect and use certain information in order to provide its services. This includes:
- The processing is necessary to protect the vital interests of our users or of others
- GuidedPath may process personal information, including disclosing data with law enforcement authorities in case of threats to the safety of users or of others.
- The processing is necessary for GuidedPath ‘s legitimate interests
- GuidedPath collects and uses personal information to the extent necessary for its legitimate interests. This includes collecting and using information:
- To prevent, detect and combat fraud in connection with the use of our services. For example, GuidedPath uses user profile, location, device and usage information, to identify and prevent circumstances when users attempt to defraud GuidedPath or other users.
- To inform law enforcement officials regarding criminal acts or threats to public safety.
- To provide customer support.
- To optimize our service and develop new services.
- For research and analytical purposes. This includes, for example, analyzing usage trends to improve the user experience and enhance the safety and security of our services.
- For direct marketing purposes. This includes, for example, analyzing data to identify trends and tailor marketing messages to user needs.
- To enforce GuidedPath ‘s Terms of Service.
- The processing is necessary for the legitimate interests of other persons or parties
- GuidedPath collects and uses personal information to the extent necessary for the interests of other persons or the general public. This includes sharing information in connection with legal or insurance claims, to protect the rights and safety of others.
- GuidedPath may also process personal information when necessary in regard to a substantial public interest, on the basis of applicable laws.
- The processing is necessary to fulfill GuidedPath ‘s legal obligations
- GuidedPath is subject to legal requirements in the jurisdictions in which it operates that require us to collect, process, disclose and retain your personal data. For example, GuidedPath is subject to laws and regulations in many cities and countries that require it to collect and retain information about the GuidedPath products, to retain such information for extended periods of time, and to provide copies of such information to governmental or other authorities. GuidedPath uses your information to comply with such laws to the extent they apply to your use of the GuidedPath website(s).
- GuidedPath may also share information with law enforcement, or requests by third parties pursuant to legal processes. For more information about such sharing, please see
- GuidedPath may collect and use your information on the basis of your consent. You may revoke your consent at any time. If you revoke your consent, you will not be able to use any service or feature that requires collection or use of the information we collected or used on the basis of consent.
- GuidedPath relies on consent in connection with data collections or uses that are necessary to enhance the user experience, to enable optional services or features, or to communicate with you. If you are an EU user, the following types of data collections or uses are done on the basis of your consent.
- Location Information (Users and GuidedPath products)
- Notifications: Account Updates
- Notifications: Discounts and News
- Address Book / Contacts
- Please see the Choice & Transparency section below for further information about these data collections and uses, how to opt in or out of them, and the effect of opting out of these on your use of GuidedPath ‘s apps.
- GuidedPath may also collect personal information about you through voluntary surveys. Your responses to such surveys are collected on the basis of consent and will be deleted once no longer necessary for the purposes collected.
2.7 Choice and Transparency
GuidedPath provides means for you to see and control the information that GuidedPath collects, including through:
- device permissions
- marketing opt-outs
You may also request that GuidedPath provide you with copies or correction of your data.
A. DEVICE PERMISSIONS
Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that websites cannot access without your consent. And these platforms have different permission systems for obtaining your consent. The iOS platform will alert you the first time the GuidedPath website wants permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that the GuidedPath website seeks before you first use the website, and your use of the website constitutes your consent.
B. EXPLANATIONS, COPIES AND CORRECTION
You may request that GuidedPath:
- Provide a detailed explanation regarding the information GuidedPath has collected about you and how it uses that information.
- Receive a copy of the information GuidedPath has collected about you.
- Request correction of any inaccurate information that GuidedPath has about you.
You can make these requests by contacting GuidedPath at info@GuidedPath.net
You can also edit the name, phone number and email address associated with your account through the Profile in GuidedPath ‘s application.
C. MARKETING OPT-OUTS
You may opt out of receiving promotional emails from GuidedPath at info@GuidedPath.net. You may also opt out of receiving emails and other messages from GuidedPath by following the instructions in those messages. Please note that if you opt out, we may still send you non-promotional messages, such as receipts for your purchases or information about your account.