Aztec Software Product and Services Privacy Policy

Version 4.0, Updated 1/18/24

Introduction

Your privacy is important to Aztec Software, LLC (“Aztec,” “we,” “us,” or “our”). We recognize that when you use our products or services or engage with Aztec in a conversation, we are asking for information. This privacy policy (“Privacy Policy”) describes what information we collect, when we collect it, how it is processed, how it is protected, what information is shared and who it is shared with and how you can find more information about how Aztec treats your information.

Aztec offers, sells, and supports a range of products and provides a wide range of services (collectively, the “Products and Services”). These include various implementations of the Aztec Learning System (“ALS”), the Companion “Console”, Mobile applications, Desktop Applications, training sessions, support services, and online books. We want to protect your information, no matter how you interact with our Products and Services or with us.

Different implementations of ALS and Aztec’s Products and Services can be accessed over the Internet or your own deployment on a company network (an “Intranet”). Aztec partners with third parties to host Internet instances that can be accessed using a variety of links over the Internet (or “URL”s). These include but are not limited to any site that includes “aztecsoftware.com” and “aztecgov.com” in its address. A deployment that is on your Intranet might have another address, or you might even be using some address redirection or a shortcut. For example, and this is not complete, the “Companion” offer provides ALS without requiring an Internet connection. There can be other implementations as well. Aztec wants to make sure you understand that this Privacy Policy applies to all these instances of our Products and Services as well.

This Privacy Policy also applies to any session started with any Aztec Products and Services including but not limited to ALS, and the Companion Console. Sessions are started by opening one of the Aztec Products and Services website or starting one of Aztec’s Products and Services. Each Product and Service that is covered by this Privacy Policy will have a copy of this Privacy Policy included in the Product and Service. In some cases, explicit agreement to this Privacy Policy will be required before login to a particular Product and Service can be completed.

A companion privacy policy describes what information is collected from Aztec’s website located at Aztec Software Home Page and other non-production websites and how it is protected by Aztec. Please also review that privacy policy for a comprehensive view of Aztec’s privacy practices.

By accessing and/or using Aztec’s Products and Services, you agree to comply with this Privacy Policy and agree that you understand Aztec’s and your own role in protecting information once you engage in any interaction with Aztec including but not limited to electronic, in person, in a telephone call, and/or email. If you are agreeing to this Privacy Policy on behalf of your employer or an organization, you hereby certify that you are authorized to bind such party to the terms of this Privacy Policy. If you do not agree to (or cannot comply with) all of the terms of this Privacy Policy you may not access any Aztec Product and Service nor interact with Aztec in any way other than to understand this Privacy Policy. Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in the Aztec Software Products and Services Terms and Conditions. Our FERPA Policy with respect to compliance with Family Educational Rights and Privacy Act is also available on the Products and Services web pages.

Privacy is a complex subject. Thus, this policy alone does not completely explain how Aztec protects your information. Part of the solution depends upon the user as well, as Aztec expects you to secure your computer, keep your computer up to date, and not share information with those who do not need it. Users are expected to use modern security practices to prevent data leaks, including maintaining software versions, complying with password policies, using and updating virus protection systems, employing a firewall, deploying intrusion prevention and detection solutions, and putting in place computer security policies.

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How to Contact Aztec Software

If you have any questions, wish to report a suspected violation of this policy, or have concerns about this policy or how we protect your information, please get in touch with Aztec Software

AztecSoftware, LLC

ATTN:Privacy

461 Headquarters Plaza
North Tower, 2nd Floor
Morristown, NJ 07960

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Information We Collect

Aztec, while interacting with you and by your use of our Products and Services, collects information from you, possibly affected by your browser settings. This information might be directly provided by you, collected automatically, or entered into or more of our Products and Services on your behalf by your organization. You may refuse to provide information, recognizing Aztec may require this information to provide you the Products or Support.

In all cases, Aztec only collects the minimum information necessary to complete the engaged business function.

Contact Information

Depending upon your role in your organization, you might interact with Aztec as part of your obtaining a quote, learning about Aztec and its products or services, placing an order or a renewal seeking or receiving support, or other interaction that is not necessarily through the Products and Services itself. In order to complete these transactions, Aztec will collect information that includes but is not limited to your name, the name of your organization, your job title, your email address, your phone number, your address, and other information necessary to complete your request.

Order Information

When you purchase any Products and Services, Aztec will ask you to provide certain information, including but not limited to, the Products and Services you would like to purchase, your name, email address, billing address and shipping address, organization name, name and email address of Administrative User, additional contacts if needed, number of users, license terms, licensed content and features.

Payment Information

In order to pay for ordered Products and Services, you, depending upon your role, will be asked for payment information. Aztec depends upon third parties to process payments and does not collect, process or maintain credit card, debit card, bank or any payment information.

User Information

When you purchase any Products and Services as a customer, you will be asked to provide the name and email address for the administrative user (“Administrative User”). Administrative User can create accounts for each end user of customer that is authorized by customer to access and use the Products and Services purchase by customer (each, an “End User”). For each End User, Administrative User will provide the End User’s name, email address (if required), login username and password. Administrative User and End Users are collectively referred to as “Users” herein.

Event Information

Aztec’s Products and Services collect information as you interact with the Products and Services. This information is captured as events that include the actor name, typically the user, date and time of the event, the event name and related information. For example, as users engage with the Products and Services and open and close web pages, login or logout, enter and leave classrooms, start or leave any form of testing, answer a question, work on an essay, attend a lecture, activate a feature, view a report, read an ebook, download or upload a file, events are captured and stored. These events are processed to provide features including but not limited to Reports, Insights, Rosters, and Progress Tables. Versions of our Products and Services vary in the types of events that are collected and processed. New features may add new events at any time.

Testing Information

When accessing and/or using Aztec’s Product and Services, Users may engage in assessments, pre-tests, tests, quizzes, post-tests, practice tests, drills or other question/answer based interactions. All such testing information is collected and stored in the applicable Products and Services. Such information may include but is not limited to testing times, length of testing, number of questions, types of questions, number correct, number wrong, essays, matches, sorts, placements, mathematical answers and drawings.

Question Information

When Users engage in any form of testing or assessment, Aztec’s Products and Services automatically collect certain test-specific information, including but not limited to, the degree of difficulty of the test question, number of times the question is answered, number of times the question is attempted, number of times the question is answered wrong, number of times the question is answered correctly.

Consumption Information

When Users access and/or use Aztec’s Products and/or Services, we automatically collect or receive certain technical information such as information as to when each piece of content is accessed, how it is accessed, from where it is accessed and how it is consumed.

Configuration Information

When you order our Products and Services, we will also provide you with configuration information, including but not limited to, the activation of licenses, grants and feature options. Customers are provided the Configuration Information in accordance with their business relationship with Aztec.

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Tracking Technologies including Cookies

When you access or use any of our Products and/or Services, we use browser cookies,web server logs, web beacons, and similar technologies (collectively, “Tracking Technologies”) to automatically collect or receive certain standard technical information. Examples of such information include the operating system, browser, internet capability, location information, ip address, and the computer’s technical specifications.

The Tracking Technologies used on the Products and Services include the following, among others:

  • Cookies: Cookies are small files loaded into your computer to support features and functions provided to you by Aztec’s Products and Services. A session cookie, which only lasts for the duration of your logged in time is used to relate server requests from your computer to each other. We use cookies also to provide session time out and support features. For your choices regarding Cookies, please see Section III of this Privacy Policy.
  • Local Storage Technologies: Aztec’s Products and Services use local storage technologies, that provide cookie-equivalent functionality but can store larger amounts of data on your device outside of your browser in connection with specific applications to improve performance and reduce server requests. This information is deleted once a session is terminated by your logging out
  • Third Party Sites: When access to Aztec’s Product and Services are made available to you through third-party sites, such as social media, please be aware that these other sites maintain their own policies regarding Tracking Technologies and the collection and use of information. You are responsible for reviewing those policies.

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Third-Party Analytics Services

Aztec may use third-party analytics services to evaluate your access and use of the Products and/or Services, compile reports on activity, analyze performance metrics, and collect and evaluate other information relating to device and internet usage. This third party analytics services use cookies and other Tracking Technologies to help analyze and provide Aztec the data. By accessing or using any of Aztec’s Product and Services, you consent to the processing of data about you by these third-party analytics providers in the manner and for the purposes set out in this Privacy Policy. The information used by such analytics services is at the aggregate level.

We may add to or change these third-party analytics services from time to time. Please be advised that if you opt out of any service, you may not be able to use the full functionality of Aztec’s Products or Services. If you have any questions, or to request a current list of our third-party analytics services, please Contact Aztec

For more information on Google Analytics, including how to opt out from certain data collection, please visit the corresponding Google Page.

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Other Information Sources

Third Parties: In connection with providing you with certain tailored, customized, or curated Products and Services, Aztec may receive assessment test results, NRS test levels and other information related to your Users from third parties. Notwithstanding anything to the contrary set forth herein, except as permitted by our agreement with such third party (“Third Party Agreement”), we will not share with or sell any portion of the information provided by such third party to any third party. To the extent required by a Third Party Agreement, we will record and share with such third party the number of hours the applicable Users are engaged in learning activities provided through the tailored, customized or curated Products and Services.

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How we use Information

Aztec collects and processes information in order to provide you with a wonderful learning experience with high performance, securely and reliably. We use information and data to

  • To provide, monitor and support Aztec’s Products and Services;
  • To improve our Product and Services, including but not limited to, media content, user interface, accessibility, performance, question reliability, and reliability, the performance of testing, assessments or predictive capability of any test, assessment, or quiz, improve the performance and predictive capability of questions, problems sets, lessons, courses, subjects and classes;
  • To communicate with you regarding the Products and Services and your account(s);
  • To fulfill your requests for information regarding new or improved products and services;
  • to identify new features and functions for future versions of Aztec’s Products and Services
  • To create individual End User reports at the request of the applicable customer or its Administrative Users;
  • To create aggregated reports from the information from Products and Services it sees fit. These reports are not traceable to a single End User. We may use these reports for our business purposes;
  • To engage research, project planning, troubleshooting problems, and detecting and protecting against error, fraud, or other criminal activity;
  • To protect the safety and security of our Products and Services, businesses and customers;
  • To allow third-party service providers including but not limited to, the third-party service providers that provide hosting services to us in connection with our Products and Services;
  • To create and disclose aggregated, anonymous user statistics and other information to (i) affiliates, agents, business partners, investors and other third parties; (ii) describe the Services to current and prospective investors and business partners; and (iii) other third parties for lawful purposes;
  • To share some or all of your information with our parent company,subsidiaries, affiliates or other companies under common control with us
  • To fulfill our legal and regulatory requirements;
  • To comply with applicable law, such as to comply with a subpoena, or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
  • To assess or complete a corporate sale, merger, reorganization, sale of assets, dissolution, investment, or similar corporate event where we expect that your personal information will be part of the transferred assets;
  • To audit our internal processes for compliance with legal and contractual requirements or our internal policies;
  • To prevent, identify, investigate, and deter fraudulent, harmful, unauthorized, unethical, or illegal activity, including cyberattacks and identity theft;
  • Otherwise, with your consent
  • Aztec will take reasonable measures (e.g., by contract) to require that any party receiving any of your personal information from us, including for purposes of providing the Products and Services, undertakes to: (i) retain and use such information only for the purposes set out in this Privacy Policy; (ii) not disclose your personal information except with your consent, as permitted by applicable law, or as permitted by this Privacy Policy; and (iii) generally protect the privacy of your personal information.

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    Your Choices

    Update Information

    Customers and Users may correct, update, or delete some of their personal information directly in their respect accounts or by Contacting Aztec. Users should first contact the responsible person in their own organization if they wish to change their own information that is in the Aztec’s Products and Services. If a request requires Aztec to correct, update or delete the personal information, Aztec will use commercially reasonable efforts to process all such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our databases. Additionally, Aztec will retain and use your information (or copies thereof) as necessary to comply with our legal and/or regulatory obligations, resolve disputes, and enforce our agreements.

    Cookie Management

    Most browsers let you remove or reject cookies.  To do this, follow the instructions in your browser settings.  Many browsers accept cookies by default until you change your settings.  Please note that if you set your browser to disable cookies or other Tracking Technologies, Aztec’s Products and Services may not work properly. Contact your support organization for more information



    You will need to apply any opt-out settings on each device from which you wish to opt-out. We cannot offer any assurances as to whether the companies we work with participate in the opt-out programs described above.

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    How we Protect your Information

    We take commercially reasonable security measures to protect your information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in processing and the nature of such data, and in compliance with applicable laws and regulations.You should keep in mind, however, that no Internet transmission is 100% secure or error-free. In particular, e-mail sent to or from the Products and/or Services may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail or other electronic means.

    All information in Aztec’s Products and Services is encrypted both in transit and at rest to/from and at the servers. The hosted networks are compliant with various security management frameworks, are not internally routable and are monitored 24x7x365. Aztec subscribes to multiple security alerting services, has a dedicated security staff, and regularly reviews its security architecture including networks, servers, partners, processes, plans and work instructions.

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    External Websites and Third Parties

    Unless explicitly stated otherwise, this Privacy Policy addresses only Aztec’s use and disclosure of information we collect from and/or about you in your interactions with Aztec, as well as Aztec’s Products and Services. If you choose to disclose information to third parties, the use and disclosure restrictions contained in this Privacy Policy will not apply, as Aztec does not control the privacy policies of such third parties, nor is Aztec subject to them.

    Aztec’s Products and Services may also contain hyperlinks to other third-party websites or applications (“External Websites”). Aztec has no control over the privacy practices or the content of any of our customers, business partners, sponsors, or External Websites to which we or your organization provides hyperlinks. As such, Aztec is not responsible for the content or the privacy policies of those External Websites. You should check the applicable third-party privacy policy and terms of use when visiting any External Websites.

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    Privacy and Children

    Aztec’s Products and Services are not to be used by anyone less than the age of 13. Aztec will never knowingly try to determine a user’s age. If a user is over the age of 13 but under the age of majority in your jurisdiction, you must review this Privacy Policy with your parent or guardian to understand it.

    Aztec’s Products and Services are not to be used by anyone less than the age of 13. Aztec will never knowingly try to determine a user’s age. If a user is over the age of 13 but under the age of majority in your jurisdiction, you must review this Privacy Policy with your parent or guardian to understand it.>

    Aztec does not knowingly collect personal information from any person under the age of 13. If an individual under the age of 13 has provided us with personal information, a parent or guardian of that child may contact us and request that such information be deleted, and we will endeavor to delete that information from our databases.

    Aztec does not knowingly collect personal information from any person under the age of 13. If an individual under the age of 13 has provided us with personal information, a parent or guardian of that child may contact us and request that such information be deleted, and we will endeavor to delete that information from our databases.

    Aztec’s Products and Services are not to be used by anyone less than the age of 13. Aztec will never knowingly try to determine a user’s age. If a user is over the age of 13 but under the age of majority in your jurisdiction, you must review this Privacy Policy with your parent or guardian to understand it.

    Aztec does not knowingly collect personal information from any person under the age of 13. If an individual under the age of 13 has provided us with personal information, a parent or guardian of that child may contact us and request that such information be deleted, and we will endeavor to delete that information from our databases.

    Aztec only provides the login credentials for the Administrative User for each customer. Aztec will never allow the Administrative User to be under the age of 13. Subsequent End Users are provisioned by Administrative User. Under no circumstances shall the Administrative User add an End User that is under the age of 13.

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    Do not Track

    As discussed above, third parties such as advertising networks and analytics providers may collect information about your online activities over time and across different websites when you access or use Aztec’s Product and Services. This tracking is out of Aztec’s control and Users are suggested to prevent such tracking.

    Currently, various browsers offer a “Do Not Track” option, but there is no standard for commercial websites. Aztec does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals. That function is the responsibity of the User and/or the User’s organization.

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    Notice to California Residents

    Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to obtain certain information about the types of personal information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. If you wish to submit a request pursuant to Section 1798.83, please contact us per the instructions in the How to Contact Aztec. Please include information on your name, organization, email address and a reference to Section 1798.83.

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    Notice to Nevada Residents

    We do not sell your personal information as defined under Nevada law. Nonetheless, if you are a resident of Nevada, you have the right to opt out of the sale of certain personal information to third parties. You can exercise this right by contacting us per the instructions in the How to Contact Aztec Section. Please include information on your name, organization, email address and a reference to “Nevada Do not Sell Request.

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    Notice to Non-US Residents

    Aztec’s Products and Services are made available for use in the United States. Aztec’s Products and Services and our servers are operated in the United States. Please be aware that your information, including your personal information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your country of origin. If you are located outside the United States and choose to use Aztec’s Products and/or Services, you consent to any transfer and processing of your personal information in accordance with this Privacy Policy, and you do so at your own risk.

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    Updates to This Privacy Policy

    This Privacy Policy is effective as of the date at the top of this Privacy Policy. Aztec may update this Policy at any time and without prior notice. Aztec will indicate at the top of this Privacy Policy when it was most recently updated, and Aztec encourages you to revisit this page to stay aware of any changes. By accessing any Aztec Product or Service after we change this Privacy Policy, you are deemed to have accepted such changes.

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