Charanga LMS Privacy Policy

PRIVACY POLICY

​Charanga Ltd (hereinafter “Charanga”) is committed to safeguarding your privacy online. For the purpose of this policy, Charanga defines the term “User” as an individual or entity with which Charanga has an established relationship, and the term “Visitor” as an individual that visits its front-end website. Any information stored on MusicFirst Elementary’s platform is treated as confidential. All information is stored securely and is accessed by authorized personnel only. Charanga implements and maintains appropriate technical, security, and organizational measures to protect personal data against unauthorized or unlawful processing and use, and against accidental loss, destruction, damage, theft, or disclosure.

Please read the following policy (“Privacy Policy”) to understand how your personal information will be treated as you make full use of our website and services.

NOTICE CONCERNING MINORS

Minors (as defined under the laws of THEIR jurisdiction or residence) are not eligible to use these services without the express permission and access given by their educator. Charanga does not knowingly collect personal information from any minor without teacher or parental consent, and we will not use this information if we discover that it has been provided without such consent. This site and service has been designed so that student users are not required to disclose their contact information. Parents and teachers are encouraged to discuss these policies and online safety practices with their children and students.

COPPA

We care about protecting the online privacy of children. We may collect certain information about children ONLY for the purpose of providing our educational services through the Charanga services.

a. Verifiable Consent. Charanga does not knowingly collect any information from children under the age of 13 unless the school or teacher working with the student has obtained appropriate, verifiable consent directly from the parent or legal guardian for the student to use the MusicFirst Elementary platform.

b. Notification. Charanga does not allow students to create an account on our sites - this can only be done by a teacher or administrator.

c. Providing or Withdrawing Consent. Charanga allows parents and legal guardians to review information submitted by their children via MusicFirst Elementary, and to request the removal of any information. Details on these procedures can be found in our Privacy Policy at https://www.musicfirstelementary.com/site/privacy-policy

d. Schools that Act as the Parent’s Agent. Schools that contract with Charanga through MusicFirst Elementary to provide our services for legitimate educational purposes only may consent to the collection of student information on the parent’s behalf (see “Verifiable Consent” above) and may also request to review and/or delete a student’s personal information. Schools should consider making these same notices available to parents. As a best practice, the school or school district should make the decision to contract with Charanga rather than placing that responsibility upon individual teachers.

FERPA

The Family Educational Rights and Privacy Act of 1974 (“FERPA”) is a federal law that states that an educational institution must establish a written institutional policy concerning the confidentiality of student education records and the fact that students must be notified of this statement of policy and their rights under the legislation. Your student records are protected by FERPA policy and the Charanga and MusicFirst staff have been trained to follow and enforce this policy.

FERPA Block – A FERPA Block allows you to protect the privacy of your information. It prevents the release of all your private information, including the ability of Charanga to communicate with you by phone should you need to discuss information in your record. If you have a FERPA Block in place, you can communicate with us by email.

In accordance with FERPA, MusicFirst Elementary Users have the following rights:

The right to inspect and review education records covered by FERPA.

The right to challenge (seek correction of) the contents of these records.

The right to a formal hearing, if necessary, for a fair consideration of such a challenge.

The right to place an explanatory note in the record in the event that a challenge of contents is unsuccessful.

The right to control, with certain exceptions, the disclosure of the contents of the records.

The right to be informed of the existence and availability of the institutional policy covering FERPA rights.

The right to report violations of FERPA legislation to Charanga and any applicable administrative body. The name and address of the Office that administers FERPA is: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW., Washington, DC, 20202-4605.

Users who wish to inspect and review their education records may do so by submitting a written request to Charanga at 180 Madison Avenue, 24th floor, New York NY 10016. Charanga must respond with 45 days of the request by arranging an appointment for the User to review the requested data.

A User may challenge the contents of an education record which they consider to be inaccurate, misleading, or otherwise in violation of their privacy rights. Users may initiate a challenge by submitting a written request to Charanga ℅ MusicFirst at 180 Madison Avenue, 24th floor, New York NY 10016 which shall attempt to resolve the problem through informal discussions. If a challenge to a record is not satisfactorily resolved by this procedure, the User will be informed of their right to a formal hearing, the procedures to be followed concerning such a hearing, and its composition. A User requesting a hearing will be notified in writing of the date, place, and time of their hearing.

The hearing board will consist of individuals who are disinterested parties but who may be Charanga and MusicFirst employees. The decisions of the hearing board will be communicated to the User. Decisions of the hearing panel are final. If decisions of the hearing board are unsatisfactory to the User, the User may place in the education record a statement commenting on the information contained in the record and setting forth any reason for disagreeing with the decision of the hearing panel. If Charanga discloses the contested portion of the record, it must also disclose the User’s statement.

Users will be notified of their FERPA rights annually by e-mail and this policy will be reviewed by Charanga every two years.

How and when do you consent to this Privacy Policy?

By submitting personal information to us (through the use of this website and/or registering an account) you agree that Charanga may collect, use and disclose such personal information in accordance with this Privacy Policy and as permitted or required by law. If you do not agree with these terms, do not provide any personal information to us. If you refuse or withdraw your consent, or if you choose not to provide us with any required personal information, we may not be able to provide you with the services of this website and services that can be offered on our site only if we have access to that certain personal information.

What personally identifiable information does Charanga collect from you?

Charanga collects information in several ways. By visiting this website, Visitors consent to the collection and use of their personal data. If you don’t agree with the terms set out herein, please do not visit this website. If required by applicable law, we will seek your explicit consent to process personal data collected on this website or volunteered by you.

Some personal information is gathered when you register for an account. When submitting a request for an account, MusicFirst Elementary asks for your first and last name and asks that you create a unique user name and password. For teacher, administrator, and teacher accounts MusicFirst Elementary will also request your email address and/or other contact information. When using the service Whether you are a Visitor or User, MusicFirst Elementary may passively collect your GPS location through your device, record your IP address, or use cookies. When passively collecting data in this manner, MusicFirst Elementary does not draw any conclusions about the data subject. Some of this information is necessary to take advantage of our services; some of the information that is collected is used to improve our services and offer targeted services announcements.

If you contact Charanga we may keep a record of that correspondence. Whenever Charanga collects personal information we make an effort to include a link to this Privacy Policy on that page.

Data Processing in the European Economic Area (EEA)

A Charanga “Data Region” is a set of data centers located within a defined geographical area where User data is stored. Personal data is not transmitted between Data Regions. For Users with accounts located in Charanga’s European Data Region, all processing of personal data is performed in accordance with privacy rights and regulations following the EU Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 (the “Directive”), and the implementation of the Directive in local legislation. From May 25, 2018, the Directive and local legislation based on the Directive will be replaced by the Regulations (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, known as the General Data Protection Regulation (“GDPR”), and Charanga’s processing will take place in accordance with GDPR.

Charanga processes personal data as both a Processor and Controller, as defined in the Directive and the GDPR. Consequently, Charanga processes all data provided by its Users with accounts in its European Data Region, in the European Economic Area (“EEA”) only.

What are some things we do NOT do?

We do not and will not, at any time, request your credit card information, login name, or password, in an unsecure or unsolicited e-mail or telephone communication and we will not request the contact information, including email, of a minor. Additionally we will not request any confidential or personal information through social networking sites, including, but not limited to, Twitter, LinkedIn, Pinterest, FourSquare, and Facebook.

Charanga does not use automatic decision-making or profiling.

What happens when you call or write to our Customer Service?

When you call or write to our Customer Service, we may collect contact information, such as name, phone number, mailing address and/or e-mail address to process a service request. No such information will be collected directly from a minor.

What are cookies and how does Charanga use them?

Charanga may use cookies to store and sometimes track information about you. A “cookie” is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. Generally, we use cookies to:

Monitor our services – It may be necessary from time to time for Charanga to monitor and/or track site usage as part of an internal audit of our services. Portions of this audit may be performed through the use of temporary cookies placed on your computer by the MusicFirst Elementary site.

Facilitate login – Cookies may be used to collect and store login information to facilitate future logins.

Some cookies used by MusicFirst Elementary are strictly necessary and essential in order to enable you to move around the site and service and use its features. Without these cookies, services you have asked for cannot be provided; they are deleted when you close your browser. Performance cookies are used to collect information in an anonymous form about how visitors use the service. Charanga may also use your IP address to help diagnose problems with its server and to improve its service and may perform IP lookups to determine which domain you are coming from to more accurately gauge user demographics. Information received in these forms is not combined with other information about you from any other source.

How does Charanga use your information and with whom is your information shared?

Charanga’s primary goal in collecting personal information is in providing you the best service possible through its site. The majority of information that is collected about you is for the purpose of verifying account registration and delivering relevant services and announcements.

Charanga may retain your account information for as long as permitted by law and as long as is necessary to permit you to use our services without the requirement of resubmitting the same information.

Except as provided herein, Charanga shall not sell, rent, trade or otherwise transfer any personal and/or traffic data or communications content to any third party without your explicit permission, unless it is obliged to do so under applicable laws or by order of the competent authorities

Your information may be used to effect a corporate transaction, in connection with the sale, merger, spin-off or other corporate reorganization of our corporation, where the information is provided to the new controlling entity in regular course of business. In the event of such an occurrence, every effort will be made by Charanga to inform you of the transfer of your personal information.

Your information may be disclosed as is required by our insurers and by regulatory agencies or to employees, contractors, consultants, and agents of Charanga to perform necessary actions in the normal course of business. No more information than is required in these circumstances will be provided.

What about linked websites?

MusicFirst Elementary’s web pages and applications may contain links that will let you leave the MusicFirst Elementary service and access another website. These “linked websites” are not under the control of Charanga and it is possible that these websites have different privacy policies. This policy applies solely to personal information that is acquired on this website (www.musicfirstelementary.com) and through the MusicFirst Elementary application and service. Charanga accepts no responsibility or liability for your use or disclosure of personal information to linked websites.

What are your choices regarding collection, use, and distribution of your information?

The disclosure of very limited personal information is required to create an account on our site, which is required to access MusicFirst Elementary. If you do not wish to disclose the requisite information you are free to discontinue use of the MusicFirst Elementary website and service.

You also have choices with respect to cookies. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies MusicFirst Elementary may not be displayed or function in the way intended by Charanga.

Right of confirmation – Users and Visitors will have the right granted by the European legislator to obtain from Charanga the confirmation as to whether or not personal data concerning him or her his being processed. If a data subject wishes to avail themselves of this right of confirmation, he or she may, at any time, contact our Data Protection Officer.

Right of access – Users and Visitors will have the right granted by the European legislator to obtain from Charanga free information about their personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information: (1) the purpose of the processing; (2) the categories of personal data concerned; (3) the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organizations; (4) where possible, the anticipated period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; (5) the existence of the right to request from Charanga rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing; (6) the existence of the right to lodge a complaint with a supervisory authority; (7) where the personal data is not collected from the data subject, any available information as to its source; (8) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and anticipated consequences of such processing for the data subject.

Furthermore, the data subject shall have a right to obtain information as to whether personal data is transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to avail themselves of this right of access, they may at any time contact our Data Protection Officer.

Right of rectification – Each User or Visitor shall have the right to obtain from Charanga without undue delay, the rectification of inaccurate personal data concerning them; and to complete incomplete data.

Right of restriction of processing – Each User or Visitor shall have the right to obtain from Charanga restriction of processing where: (1) the accuracy of the personal data is contested; (2) processing is unlawful and the data subject requests restriction rather than erasure; (3) Charanga no longer needs the personal data for the purpose of the processing; or (4) the data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of Charanga override those of the data subject.

Right to withdraw consent – Each Visitor and User shall have the right to withdraw their consent to processing of their personal data at any time by contacting our Data Protection Officer.

How long is your personal information stored?

Charanga will retain your personal information and IP information as long as is permitted by applicable laws and regulations or as long as necessary to achieve the purpose of storage of such information, whichever is shorter. If a storage purpose is not applicable, or if a storage period prescribed by the European legislator or other competent legislator expires, the personal data will be routinely blocked or erased in accordance with legal requirements.

What is Charanga’s policy on allowing you to update, correct, or delete your personally identifiable information?

If you wish to update, correct, or delete any of the information about you stored by Charanga through MusicFirst Elementary you can do so by visiting the account settings on your account profile. For all other information changes or requests, please send an inquiry to support@musicfirst.com

MusicFirst Elementary Users have control of the purpose for collecting data, and the duration for which the personal data may be kept. Users with an active account will therefore have the responsibility to delete data when required.

Charanga, as the Controller of personal data, shall, at any time, provide information upon request to each User or Visitor as to what personal data is stored about that data subject. In addition, Charanga shall correct or erase personal data upon request. When a User’s account is terminated or expired, all personal data collected through the MusicFirst Elementary platform will be deleted, as required by applicable law.

What security precautions are in place to protect the loss, misuse, or alteration of your information?

Charanga shall take the appropriate organizational and technical measures to protect the personal information and IP data provided to it or collected by it necessary to comply fully with any and all applicable laws, obligations, and regulations.

Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Charanga cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems.

What else should you know about your privacy?

If you choose to use the MusicFirst Elementary website and service you should be aware that any information transmitted electronically via the World Wide Web or wirelessly might not be secure. Charanga assumes no liability for the loss of any information that you transmit to us via the World Wide Web.

We may release personal information when we believe in good faith that release is necessary to comply with a law; to enforce or apply our Terms of Use and other policies; or to protect the rights, property, or safety of Charanga, our employees, our users, or others.

Charanga's Data Protection Officer

Charanga has a "Data Protection Officer" who is responsible for matters relating to privacy and data protection. This Data Protection Officer can be reached at the following address:

Charanga

Attn: Marina Ronald-Dussek

Charanga, 3rd Floor, Castle Square House, 9 Castle Square, Brighton, BN1 1EG, UK

marinadussek@charanga.com

Data Breach, Incident Investigation and Response

1. Because we actively monitor our systems 24/7/365, should a data breach occur we would be immediately alerted and would take appropriate actions.

2. Charanga performs rolling off-site backups, with a 365 day retention period. Our database can be point-in-time recovered or restored for 365 days. In the unlikely event of a disaster, we would be able to restore the previous day's backup and the database to the point just before the disaster happened.

3. Amazon Web Services employs DDOS protections, and constantly monitors the sites to protect against denial-of-service attacks.

4. Post incident we research the nature of the incident and take appropriate action to prevent similar future incidents.

Security Incident Response

Charanga has a Security Incident Response Plan in place to respond to any data security incidents. The plan includes:

1. As soon as Charanga becomes aware of any issue that could result in the unauthorized disclosure of sensitive data, our team will immediately take any actions possible to prevent or mitigate the disclosure.

2. Once our initial preventative actions are implemented, Charanga will then assess the Security Incident and determine if there was a confirmed Security Breach, defined as a confirmed unauthorized disclosure of sensitive data. If there was a Security Breach, we will assess what data was disclosed and to whom.

3. In the case of a Security Breach, affected users and Data Owners will be notified of the details of the disclosure.

4. After notification, Charanga will work to address any security vulnerabilities illuminated by the incident in order to prevent future incidents.

Complaints

The Information Commissioner’s Office (ICO) is an independent body responsible for making sure that organizations comply with the Data Protection Act. The ICO also deals with concerns raised by members of the public about the way in which organizations look after personal information and deal with subject access requests.

You can complain to the ICO if an organization:

• fails to respond to your request for disclosure
• refuses your request
• fails to send you all of the information you asked for
• fails to comply with the 40-day time limit for disclosure

The ICO will always expect you to have raised your concerns with the organization before submitting a complaint.

The ICO has a form on its website which you can use to make your complaint. When you send the form to the ICO, include all the communications you’ve had with the organization about your request for disclosure, including copies of the documents raising your concerns.

If you have this saved electronically, you can submit the form and the correspondence by email to casework@ico.org.uk.

If you only have paper copies of the correspondence, you will need to send it along with the form to Customer Contact, Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

You can call the ICO helpline on 0303 123 1113 (local rate).

You should make a complaint to the ICO within three months of your last proper contact with the organization concerned.

Sale or Merger of Company

In the event that Charanga is acquired by another company, we will notify all customers within 30 days of the finalized acquisition via email.

When is the effective date of this policy, and what about future modifications?

This Privacy Policy is effective as of March 13, 2020. Charanga reserves the right to make changes, deletions, modifications, or provide supplements to this policy from time to time. Changes will apply to the information collected after the date of changes as well as to existing information held by us and will take effect immediately upon publication, unless otherwise stated in writing by Charanga. We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage. You agree that the express acceptance by you, or your continued use of the MusicFirst Elementary website after publication of changes, shall constitute your acceptance of the Privacy Policy.

If you have any further questions or concerns, please feel free to contact us by email at: support@musicfirst.com, or in writing at:

MusicFirst

180 Madison Avenue, 24th floor, New York NY 10016

New York Education Law §2-d

Charanga is committed to protecting the confidentiality, integrity and security of student, teacher and staff data, consistent with the provisions of New York Education Law §2-d. Charanga is committed to working diligently to ensure our practices are in alignment with the finalized provisions of New York Education Law §2-d. Upon request, Charanga will append a Parents’ Bill of Rights to our agreement with any New York State school district. New York State district administrators should reach out to their Charanga account manager to add a Parents’ Bill of Rights to their MusicFirst Elementary agreement.

Parents Bill of Rights

Charanga dba MusicFirst Elementary, in recognition of the risk of identity theft and unwarranted invasion of privacy, affirms its commitment to safeguarding student personally identifiable information (PII) in educational records from unauthorized access or disclosure in accordance with State and Federal law. Charanga establishes the following parental bill of rights:

• Student PII will be collected and disclosed only as necessary to achieve educational purposes in accordance with State and Federal Law.
• A student's personally identifiable information will not be sold or released for any marketing or commercial purposes by Charanga or any a third-party contractor. Charanga will not sell student personally identifiable information and will not release it for marketing or commercial purposes;
• Parents have the right to inspect and review the complete contents of their child's education record;
• State and federal laws, such as NYS Education Law §2-d and the Family Educational Rights and Privacy Act, protect the confidentiality of students’ personally identifiable information. Safeguards associated with industry standards and best practices, including but not limited to, encryption, firewalls, and password protection, must be in place when data is stored or transferred;
• The only student data elements collected by Charanga are listed above.
• Parents have the right to have complaints about possible breaches and unauthorized disclosures of student data addressed. Complaints should be directed to Charanga’s Data Protection Officer by email at jim@musicfirst.com.
• Parents have the right to be notified in accordance to applicable laws and regulations if a breach or unauthorized release of their student’s PII occurs.
• Parents can expect that Charanga workers who handle PII will receive annual training on applicable federal and state laws, regulations, educational agency’s policies and safeguards which will be in alignment with industry standards and best practices to protect PII
• In the event that Charanga engages a third-party provider to deliver student educational services, the contractor or subcontractors will be obligated to adhere to State and Federal Laws to safeguard student PII. Parents can request information about third party contractors by contacting the District’s Data Protection Officer.

SOPPA

Charanga’s SOPPA Addendum to the Terms of Service, available upon request, is designed to comply with the requirements of the Illinois Student Online Personal Protection Act (105 ILCS 85/). If you are a School or District located in Illinois, please contact your MusicFirst customer success representative to incorporate the Illinois Addendum into your agreement.

Connecticut Conn. Gen. Stat. Ann. § 10-234aa-dd

Charanga’s Connecticut Addendum to the Terms of Service, available upon request, is designed to comply with the requirements of the Connecticut Act Concerning Student Data Privacy, Conn. Gen. Stat. Ann. § 10-234aa-dd. If you are a School or District located in Connecticut, please contact your Charanga customer success representative to incorporate the Connecticut Addendum into your agreement.

CCPA PRIVACY STATEMENT-CALIFORNIA

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Statement of Charanga Ltd dba MusicFirst Elementary and its subsidiaries (collectively, “we,” “us,” or “our”) and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Category	Examples	Collected
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.	YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	NO
C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	NO
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	NO
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	NO
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer's interaction with a website, or application.	YES
G. Geolocation data.	Physical location or movements.	NO
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	YES
I. Professional or employment-related information.	Current or past job history or performance evaluations.	NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	YES
K. Inferences drawn from other personal information.	Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	NO

Personal information does not include:

• Publicly available information from government records.
• De-identified or aggregated consumer information.
• Information excluded from the CCPA's scope, like:

• health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
• personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

We obtain the categories of personal information listed above from the following categories of sources:

• Directly and indirectly from activity on our website (www.musicfirstelementary.com). For example, from submissions through our website portal or website usage details collected automatically.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

• To provide you with information, products or services that you request from us.
• To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
• To improve our website and present its contents to you.
• For testing, research, analysis and product development.
• As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purposes. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.

We disclose your personal information for a business purpose to the following categories of third parties:

• Our affiliates.
• Service providers.

In the preceding twelve (12) months, we have not sold any personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.​

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).wise
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

• sales, identifying the personal information categories that each category of recipient purchased; and
• disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

• Calling us at 855-896-3344.
• Emailing us at info@musicfirst.com

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage.

Contact Information

If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: 855-896-3344

Website: www.musicfirstelementary.com

Email: info@musicfirst.com

Postal Address:

Charanga ℅ MusicFirst

Attn: Jim Frankel, Director

180 Madison Avenue - 24th Floor, New York, NY 10016