Xceptional Prep, Inc.
Last Revised: July 2020
Xceptional Prep is concerned with the security of your personal data. We have security measures in place to protect the loss, misuse, and alteration of the information under our control. All data is protected using the most advanced methods available and your personally identifiable information is kept secure.
We protect the security and integrity of all sensitive personal information provided to us; however, due to the inherent nature of the internet, we cannot guarantee that information, during transmission through the internet or while stored on our system, or otherwise in our care, will be safe from intrusion by others, such as hackers.
In the unlikely event that we believe that the security of your personal information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification. If you prefer for us to use another method to notify you in this situation, please e-mail us at firstname.lastname@example.org.
Please note that if you contact us by e-mail or at “contact us” or similar feature on our website, your transmission might not be secure. A third party could view information you send by these methods in transit.
Governing Law and Severability
You agree that any dispute between you and us will be governed by the laws of the United States of America and the State of California, County of Sacramento, without regard to choice of law rules, and that any legal action brought by one party against the other will be brought exclusively in the appropriate court within the State of California, County of Sacramento. If you are located outside of the United States of America, you agree that, by entering into this agreement, you voluntarily subject yourself to the jurisdiction of the courts of the United States of America and the State of California, County of Sacramento, and you agree that you may be sued in those courts and subject to the judgments and orders of those courts.
Even if we act in a way that you believe to be inconsistent with this agreement, those actions will not be deemed a waiver or constructive amendment of this agreement. Similarly, our failure to object to your breach of your obligations under this agreement does not constitute a waiver of any of our rights.
If any provision of this agreement is ruled unlawful, void, or unenforceable, that provision will be severed from this agreement, and the other provisions will remain effective and enforceable. In addition, the severed provision will be deemed replaced with a comparable provision that most closely reflects the intent of the parties.
We reserve the right to terminate the website at any time without notice for any reason, including your violation of any of its provisions. The disclaimer and limitation of liability and governing law sections of this user agreement shall survive any such termination.
Disclaimer and Legally Compelled Disclosures
Although we make every effort to preserve your privacy, we cannot guaranty your privacy. Further, we may need to disclose personal information when required by law where we have a good-faith belief that such action is necessary to comply with a judicial proceeding, a court order or legal process served on us or a law enforcement request.
We may disclose user information when compelled to do so by government authorities or otherwise as required or permitted by law, such as to respond to court orders and subpoenas. We also may disclose user information when we have reason to believe that someone is causing injury to or interfering with our rights or property, other customers or users of the website, or anyone else that could be harmed by such activities.
Right to “Opt-In” and/or “Opt-Out”
You have the right to “Opt-In” and/or “Opt-Out” for certain uses of your personal information. Xceptional Prep offers several opportunities to receive information on and offline. We may send you e-mail notices and offers and otherwise correspond with you, about products, services, companies and events, sponsored by us and others, that we think might interest you. You may opt-out of receiving such notices and offers from us, at any time by sending us a written request by email to email@example.com. In this e-mail, please say whether: (1) you would like to “Opt-Out” of receiving all promotional correspondence from Xceptional Prep in general or (2) if you would only like to “Opt-Out” of certain correspondence from Xceptional Prep and if so which ones. Please understand that if you “Opt-Out” of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us.
From time to time, we obtain lists of people who may be interested in our products and services from third-party marketing list suppliers. We use these lists to send direct marketing promotions by mail or by e-mail. We do our best to only obtain these lists from suppliers who have opt-in policies for third-party marketing, but we are not responsible for the conduct and policies of these suppliers. Please note that even if you are a registered customer of ours and have asked us not to use the information you provided to us to send you promotional material, a third-party marketing list supplier could still provide us with your name and address, in which case you will receive the promotional material sent by us to others on the supplier’s list. If you do not wish to receive future promotions, please follow the instructions to opt-out in the Right to “Opt-In” and/or “Opt-Out” section above.
Information We Collect
We will collect certain personal information, including your name, address, telephone number, educational background, year(s) of graduation and e-mail address(es), when you inquire about our standardized test courses, ask a question, complete an online form, e-mail us, or contact customer service. We will use the personal information you provide us to respond to your requests.
When you ask to receive information from or to be contacted by a third party, your information is passed on to the third party to fulfill your request; they may have their own privacy policies that differ from ours. The information we share may include any personally identifiable information we have about you, such as your name, address, telephone number, and e-mail address.
If you request to utilize your free repeat you will be required to complete a form which will provide us will your contact information so that we may look up and validate your free repeat status. This will include your personal information, order ID, and original course information and start date.
Our website’s secure registration form requires users to provide us with personal information. We request personally identifiable information from you when you purchase our services. We will request information that we need in order for you to purchase a service (e.g., your name, address, credit card information).
Information collected from you is maintained in our student database. We may also use your personal information to maintain our internal record keeping.
Passive Collection of Data
Like most sites, we maintain logs of site usage in order to evaluate our visitors’ interest level in areas of the website, which and how many pages they look at, how long they stay on the site, and what web browsers are used.
Our server may automatically collect data about your server’s Internet address when you visit us. This information, known as an Internet Protocol address, or IP Address, is a number that’s automatically assigned to your computer by your internet service provider whenever you’re on the internet. In addition to logging your IP Address and sometimes your domain name, our server may also record the referring page that linked you to us (e.g., another website or a search engine); the pages you visit on this website; how long you stay on this website; the website you visit after this website; other information about your computer and its settings; any search terms you have entered on this website or a referral site; and other web usage activity and data. We use this information for internal purposes, such as to administer our website. This information may also be used to gather broad demographic information and can be helpful to understanding how this site is used by our visitors.
We may disclose aggregate statistics regarding user behavior as a measure of interest in, and use of, our website and e-mails to third parties in the form of aggregate data that does not describe or identify any individual user.
We use “cookies” to keep and track information about you, and to create a personalized web experience. A cookie is a small data file that is sent by a website and stored on your hard drive or temporarily in your computer’s memory. Cookies track where you travel on our website and what you look at and purchase. We employ cookie technology for search engine, conversion tracking, shopping cart, and website analytical statistics. Cookies cannot be used to find your name, e-mail address, or anything that is uniquely identifying about you unless you provide that information.
Some parts of the xceptionalprep.com use embedded pixel technologies to facilitate your use of the website and to track general traffic. These may include “clear GIFs,” “web beacons” or “pixel tags” or similar technologies on our website and/or in our communications (e.g., in our HTML-based e-mails). These technologies enable us to know whether you have visited a webpage or received or opened a message. They can provide information about the areas you visit on our website and about the links you may select from within our website to other areas of the world wide web or elsewhere online. We use such information to understand how our users use our website. This enables us to know which areas of our sites are favorites of our users, which areas need improvement, and what technologies are being used so that we may continually improve our website.
Storage of Personal Information
The privacy of individual user data for students is always respected and protected. Upon written request, we will remove your personal information from our student database or change and/or correct personal information that you state is erroneous, within fifteen days of your written request. However, if you take one of our courses we will not remove your personal information from our student database. We will never disclose, sell, or rent personal information that identifies any of our students without specific authorization to do so. Xceptional Prep retains the right to release aggregate performance information provided this information is not personally identifiable.
We may use third-party partners, affiliates and service providers to help operate our website. We share your information with third-parties for such purposes as credit card processing, shopping carts, web hosting, and secure webpages. These third-parties are not authorized by us to use your personal information in any other way. There may also be occasion for Xceptional Prep to disclose your personal data to a third-party if it believes, in its sole discretion, that such disclosure is required by law.
Third-Party Links and Privacy Policies
While we support the protection of privacy on the internet, Xceptional Prep cannot be responsible for the actions of third-parties; you will be subject to the third-parties’ privacy policies.
Periodically we may provide visitors an opportunity to receive offers from other third-parties who have services, products, and offers that we think might be of interest to you. Unless you instruct us not to do so, we may from time to time provide your personal information to these entities so that they may send you such offers. If you change your mind and no longer want us to share your personal information with such entities, follow the instructions to opt-out in the Right to “Opt-In” and/or “Opt-Out” section above.
Xceptional Prep instructors are given student information within their course rosters. This information includes the student’s name, parent’s or payee’s name (if applicable), phone number(s), and e-mail address(es). This information is shared with instructors to ensure they have points of contact with their students and for instructors to know which individuals will be attending their courses. We do not share any other student information with our instructors.
Schools and Institutions
Xceptional Prep works with schools and institutions to provide on-site test preparation programs. In some cases your school, district, or state may arrange for your participation in these programs and may purchase products on your behalf. We may share personally identifiable information that you provide to us through your participation in these school programs with your school, district, and/or parents. In addition, your school may require us to share your information with others legally entitled to access your academic records, such as your state department of education. To increase the quality of our instruction, Xceptional Prep may share attendance records and practice test results with a student’s school counselor and/or the appropriate administration staff. Those with access to such records have agreed to maintain confidentiality. If statistics are released to non-authorized individuals, we will remove any identifying information.
Xceptional Prep, Inc.
770 L Street, Suite 950
Sacramento, CA 95814