This Children’s Privacy Statement supplements the Air Tutors Privacy Policy and applies to Air Tutors online tutoring and related services for K-12 students through Direct Services and School Services (collectively, the “Services”). It provides specific information about how we process children’s and students’ personal data, and it applies to: 

1. Under 13 users of our Services; and 
2. Individuals enrolled at a primary, secondary, or other educational institution (the “School Partner”) who use our products offered in a K-12 education setting with School Partners (“School Services”), as described in the Education Providers and FERPA” section below. 

We consider an individual to be a child for the purposes of this Children’s Privacy Statement if applicable law limits the processing of the individual’s personal data because the individual is under a certain age (for example, under the age of 13 pursuant to the U.S. Children’s Online Privacy Protection Act (“COPPA”)). 

For purposes of this Children’s Privacy Statement, a “Student” refers to any individual who uses a Student Application. 

This Children’s Privacy Statement contains the following information: 

1. What information do we collect from children and students
2. How we use the information we collect
3. How we share information with third parties
4. Air Tutors privacy information for Child users
5. How Air Tutors acts as a “School Official” with respect to its Education offerings under FERPA (Federal Education Rights and Privacy Act)
6. Conflicts between this Children’s Privacy Statement and other documents
7. Will this Privacy Statement change?
8. How to contact us
   

1. What information do we collect from children and students?

We collect the following information via the methods listed below: 

• Information provided by a child, their parent or legal guardian: When you register to use our Services, we collect a child’s name, email, phone number, username, password, and role (parent/guardian, student, tutor, educator/admin). 
• Information provided by or about a student: When a student creates an account to use School Services, we collect a student’s name, grade, school, teacher (as applicable), learning goals, scheduling preferences, accessibility needs, and information a parent/guardian or School Partner provides for program participation. 
• Information from School Partners: School partners may provide us with student rosters, class/school assignments, eligibility, session minutes requirements, and other information necessary to deliver School Services. If enabled (e.g., Google/Microsoft), we may also receive limited profile information per the SSO provider and School Partner configuration.
• Information from tutoring sessions: messages, assignments, files, whiteboard work, notes, and other content submitted during sessions (“Session Content”). 
• Session audio recording and transcription: Air Tutors records audio and produces transcriptions of live tutoring sessions for the purposes of instructional quality assurance, tutor training and coaching, safety, compliance with School Partner requirements, dispute resolution, enforcing our policies, and service improvement.  If you do not want your child’s sessions audio-recorded, please email privacy@airtutors.org or exercise this right through the School Partner. Session Content includes session audio recordings. 
• Information we collect automatically: We collect information automatically when children and students use our Services. Examples include type of computer operating system, IP address or mobile device identifier, web browser used, frequency with which the child/student visits various parts of our Services, data regarding the online or mobile service provider. This data is collected using technologies such as cookies, pixel tags, web beacons, and similar technologies (“Cookies”). This data may be collected by Air Tutors or by a third party. Please visit the Cookies, Analytics, and Advertising section in our Privacy Policy for more information about our Cookie practices. 
• Optional information: We may ask for optional feedback via surveys or testimonials. 

2. How we use the information we collect

Purpose of Collection 

We use collected information about children and students: 

• To provide, maintain, and improve Air Tutors and School Services; 
• To support learning outcomes (e.g., match tutors, personalize instruction, track progress, and provide reporting to authorized users)
• For safety and security purposes (e.g., fraud prevention, enforcing policies); 
• To send notices and gather parental or legal guardian consent (where parental consent is required); 
• To communicate service announcements, scheduling notices, and support responses;
• To allow parents/guardians or School Partners to have access to their child’s or student’s account; and
• To meet legal obligations.

We will de-identify information so that it no longer reasonably identifies an individual prior to use for other purposes. 

Air Tutors and its service providers do not sell children’s or students’ personal data or use children’s or students’ personal data for behavioral advertising purposes, creation of a commercial profile, or for any other purpose prohibited by law or outside the authorization provided by parents, guardians, or schools, as applicable. 

Data Minimization

We will not require a child or student to provide more data than is reasonably necessary to use Air Tutors or School Services, and do not condition participation on disclosure of more information than is reasonably necessary.

Data Retention

We store your personal data and content on our servers and the servers of our service providers. We will retain your personal data for as long as reasonably necessary or permitted and proportionate to the purpose for which it was collected. For example, we may retain your data to provide you with Direct Services or the School Services that you are using or have requested, for the establishment, exercise or defense of legal claims, and as needed to comply with our legal obligations. 

After the applicable retention period, recordings are permanently deleted or de-identified in accordance with our documented retention schedule. For School Services, retention periods may be governed by the applicable agreement with the School Partner. 

Data may persist in copies made for backup and business continuity purposes for additional time. There may be occasions where we are unable to fully delete, anonymize or de-identify your information due to technical, legal, regulatory compliance or other operational reasons.

3. How we share information with third parties

We do not sell children’s and student’s personal data to third parties. 

We may disclose personal data: 

• With our trusted vendors and service providers working on our behalf. For more information, visit the “How We Share Information” section of our Privacy Policy. 
• With parents, guardians, and authorized users
• With School Partners with students using School Services
• In the event of a merger, acquisition, financing, reorganization, bankruptcy, or sale of assets,  
• For compliance, safety, or security purposes, or when permitted by applicable law. 

4. Air Tutors privacy information for Child users

Air Tutors Account Creation 

We do not knowingly allow a child to create an account without the consent of a parent or guardian. 

If we discover that we have processed a child’s personal data in a manner inconsistent with applicable law, we will promptly delete the data or bring that processing into compliance with applicable law, such as by obtaining appropriate consents for that processing. 

• Direct Services: Child account created with parental consent 

Where we know that parent or guardian consent is required by applicable law for a child user of an application (for known children under 13), we will ask for a parent or guardian email address before we collect personal data from the child. When we receive an email address from a parent or guardian, we will provide our Children’s Privacy Statement, and obtain verifiable parental consent prior to collecting, using, or disclosing the child’s personal information, as required by COPPA. We obtain verifiable consent parental consent using methods permitted under the COPPA rule, which may include: (i) signed electronic consent forms compliant with ESIGN, (ii) credit/debit card verification, (iii) government-issued ID verification, (iv) live video verification, or (v) other FTC-approved verification methods. If we do not receive parental consent within a reasonable time, we will delete the parental contact information provided by the child, along with any other data associated with the child.  

We may also require parents or guardians to open their own accounts so that they can access session content (such as, audio recordings, messages, assignments, files, whiteboard work, notes, and other content submitted during tutoring sessions. 

• School Services: Child access authorized by a school 

We may rely on an Education Provider to provide consent on behalf of a parent, as described in the “Education and FERPA” section below. 

Parents Rights 

Upon verifiable request, parents or guardians of children under 13 have the right to:

• Access and review  their child’s personal data, including account information and Session Content; 
• Request deletion of their child’s personal data, subject to legal obligations and documented safety or contractual requirements  
• Revoke consent at any time and refuse further collection or use of their child’s personal information. Revocation may result in termination of the child’s participation in the Services.  

To make a request email privacy@airtutors.org with subject “COPPA Parent Request”  or contact us by phone at 800-211-1986. If your child is a Student of our School Services,  parents and guardians may exercise certain rights, such as the right to review and request deletion of their child’s information, through the School Partner. Before fulfilling any request, we will take reasonable measures to verify the identity of the requesting parent or guardian. 

5. How Air Tutors acts as a “School Official” with respect to its Education offerings under FERPA (Federal Education Rights and Privacy Act)

This section describes our School Services. 

Educational consent in lieu of a parent 

Air Tutors may provide Services directly to Education Providers for use in educational settings (“School Services”), in which case Education Provides may provide consent for the collection and use of personal data from students on behalf of parents/guardians, where allowed by applicable law. Air Tutors expects Education Providers to notify parents or guardians before providing consent to such collection. Air Tutors provides information for Education Providers in the COPPA Notice. In such cases: 

• Student Data is collected and used only to provide the contractual educational services. 
• Student Data is not used for behavioral advertising, commercial profiling, or unrelated product development. 
• Student Data is not sold, rented, or licensed. 
• Student Data is retained only for the period authorized by the School Partner or as required by law. 

We may also ask Education providers to obtain consent directly from a parent or guardian instead of, or in addition to, the school providing consent.   

FERPA

This section applies to Education Providers subject to the U.S. Family Educational Rights and Privacy Act (“FERPA”) and to which Air Tutors directly provides School Services for use in educational settings. This subsection uses the following definitions: 

• “Education Providers” means educational institutions and teachers, administrators, school district representatives and other individuals acting on behalf of the educational institution or a school district that provide Students with access or our School Services. 
• “School Services” means Air Tutors and related services for K-12 Students through school or district sponsored programs. 
• “Student” means an individual person enrolled as a student at an Education Provider. 
• “Student Data” means information maintained by Air Tutors or a service provider on Air Tutor’s behalf, including any education records (as defined under FERPA) that are disclosed by Education Providers to Air Tutors, except that Student Data does not include a record that has had personal data removed such that the Student’s identity is not reasonably identifiable from the record.

Per the terms located at Education Providers and Family and Educational Rights and Privacy Act (FERPA):

• To the extent that Education Providers subject to FERPA provide Air Tutors with Student Data, Air Tutors will be considered a “school official” (as that term is used in FERPA and its implementing regulations); 
• Air Tutors will comply, within a reasonable time frame, with Education Provider’s request to review, modify, de-identify, or delete any Student Data that Air Tutors maintains about Education Provider’s Student; and 
• Air Tutors will not maintain, use, or disclose Student Data except as set forth herein and in the Air Tutors Privacy Policy, as authorized by Education Providers, or permitted or required by applicable law or a judicial order. 

School Partners control many decisions about Student Data, including account provisioning, access, and deletion requests (subject to legal requirements). 

6. Conflicts between this Children’s Privacy Statement and other documents

In the event of a conflict or inconsistency between the provisions of this Children’s Privacy Statement and a data privacy agreement with an Education Provider, the terms of the data privacy agreement will take precedence.

Where there is a conflict between this Children’s Privacy Statement and the Air Tutors Privacy Policy, this Children’s Privacy Statement sets the standard for how we treat children’s and student’s personal data consistent with applicable law.

7. Will this Privacy Statement change?

If the way we treat children’s or students’ personal data changes, we will update this Children’s Privacy Statement. When we change it, we will make it clear at the top of the Children’s Privacy Statement by indicating when we last updated it. If we make material changes to this Children’s Privacy Statement, we will endeavor to provide the parent, guardian, or Education Provider with notice before such changes take effect, such as through prominent notice on our website or Services or by email, and if applicable, we will seek consent from the parent, guardian, or Education Provider relevant to the changes.

8. How to contact us

By email at: privacy@airtutors.org 

By phone at: 800-211-1986