Overview
Formative allows teachers to create assignments for students and receive personalized feedback on learning outcomes in real time. The terms of Formative state they provide certain features that may allow users to share information with other users. For example, a teacher may choose to populate their profile with their name, school, and the grades and subjects that they teach. The terms of Formative state they collect “personally identifiable information” or “personal data” from users such as their full name, or email address that can be used to identify a user. Formative's terms state that to protect users' privacy and security, they take reasonable steps to verify a user's identity before granting them account access or making corrections to their information. Lastly, the terms of Formative state that if a user registers for the service and provides their personal information, they can update their account and information at any time by reviewing, modifying, or deleting their profile information.
Formative can be accessed through its website. The Privacy Policy, Data Processing Agreement, and Terms of Use used for this evaluation can be found on Formative's website. This evaluation only considers policies that have been made publicly available prior to an individual using the application or service.
Safety
The terms of Formative state they provide certain features that may allow users to share information with other Users. For example, a teacher may choose to populate their profile with their name, school, and the grades and subjects that they teach. Or teachers may ask questions that are visible to other users of Formative. The terms specify that Formative contains user-generated content, and also may contain message boards, personal web pages, forums or other interactive features. However, the terms state that student Uuers cannot post to public discussion forums and their profile is not shared publicly, and only the parent and other permitted teachers can see the student user’s profile. Lastly, the terms state that parents and teachers should be aware that a student user may enter free-form text which could include personal information that would be visible to other Users.
Privacy
The terms of Formative state they collect “personally identifiable information” or “personal data” from users such as their full name, email address, or a photograph that can be used to identify a user. Formative's terms also specify that in order to provide a personalized learning and high-quality experience for their users, they may use various technologies that automatically collect certain non-personal information from their browser or device. In addition, the terms state that Formative may work with business partners to improve their services or offerings and may disclose automatically collected and other information to authorized business partners to conduct research on online education or assist in understanding the usage, viewing, and demographic patterns for certain programs, content, services, promotions, and/or functionality.
Formative's terms also state they will never provide behaviorally-targeted ads to students and will not rent or sell personal information that they collect from users with third parties. Lastly, Formative's terms state they will not share personal information or other non-personal technical information with other third-party organizations for their marketing or promotional use without users' consent or except as part of a specific program or feature for which users will have the ability to opt-in.
Security
Formative's terms state that to protect users' privacy and security, they take reasonable steps to verify a user's identity before granting them account access or making corrections to their information. In addition, Formative's terms specify they use certain physical, managerial, and technical safeguards designed to preserve the integrity and security of users' personal information. Formative's terms state that it is operated and managed on servers located within the United States.
The terms also specify when users enter sensitive information, they encrypt the transmission of that information using secure socket layer technology (SSL) or similar technologies, but do not disclose whether users' information is also encrypted while at rest. Formative's terms state that if they learn of a data security incident that compromises or appears to compromise users' Personal Information, then they will attempt to notify users electronically so that they can take appropriate protective steps. In addition, Formative may also post a notice on their service if a data security incident occurs.
Compliance
The terms of Formative state that if a user registers for the service and provides personal information, they can update their account and information at any time by reviewing, modifying, or deleting their profile information. In addition, the terms state a parent can modify or delete student user accounts or remove student users from view of a teacher. Formative's terms specify they also take measures to restrict any collection or disclosure of personal information from children less than 13 years of age. A student can be registered to use the service through his or her school, or through an integration with the service that is supported by the student’s school, or by teachers, tutors and other similar adults who assist in the educational process who have taken steps to obtain parental consent.
In addition, Formative's terms state that in compliance with COPPA and FERPA, parents have the ability to control information about their student user and can refuse future collection or use of their child’s personal information, or they can delete their student user’s account or contact Formative to do so on their behalf.
Overall Score
Every privacy rating includes an overall score. A higher score (up to 100%) means the product provides more transparent privacy policies with better practices to protect user data. The score is best used is as an indicator of how much additional work a person will need to do to make an informed decision about a product.
Basic Score | Full Score | |
---|---|---|
Comprehensive Assessment | 84 | 76 |
Concerns
The privacy evaluation process summarizes the policies of an application or service into concern categories based on a subset of evaluation questions that can be used to quickly identify particular practices of a vendor’s policies. These concerns are composed of evaluation questions that can be used to calculate scores relative to that concern.
Concern | Basic Score | Full Score |
---|---|---|
Data Collection: Protecting personal information | 83 | 65 |
Data Sharing: Protecting data from third parties | 100 | 90 |
Data Security: Protecting against unauthorized access | 50 | 80 |
Data Rights: Controlling rights to data | 88 | 95 |
Data Sold: Preventing sale of data | 75 | 60 |
Data Safety: Promoting responsible use | 67 | 50 |
Ads & Tracking: Prohibiting the exploitation of users' decision making process | 93 | 90 |
Parental Consent: Protecting children’s personal information | 100 | 95 |
School Purpose: Following student data privacy laws | 100 | 75 |
Individual Control: Controlling data use | NA | 85 |
Statutes
Each statute or regulation is associated with one or more evaluation questions. As such, we can calculate scores for each statute or regulation using only those questions associated with the statute or regulation. Each specific statute or regulation's score serves as an indirect proxy indicating the likelihood of the application or service satisfying all of its compliance obligations.
Statute | Basic Score | Full Score |
---|---|---|
California Online Privacy Protection Act (CalOPPA) | 93 | 83 |
Children's Online Privacy Protection Act (COPPA) | 88 | 81 |
Family Educational Rights and Privacy Act (FERPA) | 94 | 79 |
Student Online Personal Information Protection Act (SOPIPA) | 92 | 81 |
General Data Protection Regulation (GDPR) | 87 | 82 |
Privacy Policy Details
1: Transparency
1.1: Policy Version
- Privacy policies do indicate a version or effective date.
- Privacy policies do not indicate a change log or past policy version is available.
1.2: Policy Notice
- Users are notified if there are any material changes to the policies.
- Privacy policies indicate the method used to notify a user when policies are updated.
1.3: Policy Changes
- Users are notified prior to any material changes to the policies.
- Changes to the policies are not effective immediately and continued use of the product requires additional consent.
1.4: Policy Coverage
- Privacy policies indicate the products that are covered by the policies.
1.5: Privacy Contact
- Users can contact the company about any privacy policy questions, complaints, or material changes to the policies.
1.6: Policy Principles
- Privacy policies do indicate privacy principles, layered notices, or a table of contents.
1.7: Policy Language
- Privacy policies are not available in multiple languages.
1.8: Intended Use
- Intended for children under 13.
- Intended for teens.
- Intended for adults over 18.
- Intended for parents or guardians.
- Intended for students.
- Intended for teachers.
2: Focused Collection
2.1: Data Collection
- Personally identifiable information (PII) is collected.
- The categories of collected personally identifiable information are indicated.
- Geolocation data are not collected.
- Unclear whether this product collects biometric or health data.
- Interactions, behaviors, or usage analytics data are collected.
- Sensitive data are collected.
- Data is automatically collected.
2.2: Data Source
- Personal information or education records are collected from preK-12 students.
- Personal information from children under 13 years of age is collected.
2.3: Data Excluded
- Specific types of personal information are excluded from collection.
- Specific types of collected information are excluded from the privacy policy.
2.4: Data Limitation
- Collection or use of data is limited to product requirements.
3: Data Sharing
3.1: Data Shared With Third Parties
- Collected information is shared with third parties.
- The categories of information shared with third parties are indicated.
3.2: Data Use by Third Parties
- The purpose for sharing a user's personal information with third parties is indicated.
- Data are shared for analytics.
- Data are shared for research and/or product improvement.
- Personal information is not shared for third-party marketing.
3.3: Data Not Shared With Third Parties
- Specific categories of information are not shared with third parties.
3.4: Data Sold to Third Parties
- Personal information is not sold or rented to third parties.
3.5: Third-Party Data Acquisition
- Personal information about users is obtained from third parties.
3.6: Third-Party Links
- Links to third-party external websites are not age-appropriate.
3.7: Third-Party Data Access
- Third parties are authorized to access a user's information.
3.8: Third-Party Data Collection
- Personal information of users is collected by a third party.
3.9: Third-Party Data Misuse
- Unclear whether personal information can be deleted from a third party.
3.10: Third-Party Service Providers
- Third-party services are used to support the product.
- The roles of third-party service providers are indicated.
3.11: Third-Party Affiliates
- The categories of third parties that receive data are indicated.
3.12: Third-Party Policies
- Links to privacy policies of third-party companies are available.
3.13: Third-Party Data Combination
- Company may combine data with additional data from third-party sources.
- Data shared with third parties cannot be combined with other data.
3.14: Third-Party Authentication
- Third-party login is supported.
- Personal information from third-party login providers is collected.
- Personal Information is shared with third-party login providers.
3.15: De-identified or Anonymized Data
- User information that is shared is not shared in an anonymous or de-identified format.
- Unclear whether the company describes their de-identification process of user information.
3.16: Third-Party Contractual Obligations
- Contractual limits are placed on third-party data use.
- Unclear whether contractual limits prohibit third parties from reidentifying or de-identified information.
4: Respect for Context
4.1: Data Use
- Use of information is not limited to the purpose for which it was collected.
- The context or purpose for which data are collected is indicated.
4.2: Data Combination
- Combined information is treated as personally identifiable information (PII).
4.3: Data Notice
- Notice is provided if the context in which data are collected changes.
4.4: Data Changes
- Consent is obtained if the practices in which data are collected change.
4.5: Policy Enforcement
- Accounts may be terminated if users engage in any prohibited activities.
5: Individual Control
5.1: User Content
- Users can create or upload content.
5.2: User Consent
- Opt-in consent is requested from users at the time personal information is collected.
5.3: Remedy Process
- A grievance or remedy mechanism is available for users to file a complaint.
5.4: Data Settings
- Users can control the use of their information through privacy settings.
5.5: Data Disclosure
- Users can opt out from the disclosure or sale of their data to a third party.
- Users can request to know what personal information has been shared with third parties.
- Notice is not provided in the event the company receives a government or legal request for a user's information.
5.6: Intellectual Property
- Users retain ownership of their data.
- A copyright license is claimed to data or content collected from a user.
- Any copyright license to a user's data is limited in scope or duration.
6: Access and Accuracy
6.1: Data Access
- Processes to access or review user data are available.
- Methods are available to restrict who has access to data.
- Processes to review student data are available for the school, parents, or students.
6.2: Data Integrity
- The company attempts to maintain the accuracy of data they collect.
6.3: Data Correction
- Processes to modify data are available for authorized users.
- Processes for the school, parents, or students to modify inaccurate student information are available.
- Unclear whether the time period for the company to modify inaccurate data is indicated.
6.4: Data Retention
- A data-retention policy is available.
- Exceptions to the data retention policy exist.
6.5: Data Deletion
- Data are deleted when no longer necessary.
- A user's data are deleted upon account cancellation or termination.
- Processes to delete user data are available.
- Processes for authorized users to delete data are available.
- The time period for the company to delete data is indicated.
6.6: Data Portability
- Processes to download user data are available.
- Unclear whether a user can assign an authorized account manager or legacy contact.
7: Data Transfer
7.1: Data Handling
- User information can be transferred to a third party in the event of a merge, acquisition, or bankruptcy.
- Notice is not provided to users if the company assigns its rights or delegates its duties to another company.
- Users are notified if their information is transferred to a third party.
7.2: Transfer Request
- Unclear whether user information can be deleted prior to its transfer to a third party.
7.3: Onward Contractual Obligations
- Third-party transfer is contractually required to use the same privacy practices.
8: Security
8.1: User Identity
- A user's identity is verified with additional personal information.
8.2: User Account
- Account creation is required.
- Managed accounts are available.
- Multi-factor account protection is available.
8.3: Third-Party Security
- Third-parties with access to information are required to provide the same security protections as the company.
8.4: Data Confidentiality
- Reasonable security practices are used to protect data.
- Employee or physical access to user information is limited.
8.5: Data Transmission
- All data in transit are not encrypted.
8.6: Data Storage
- Unclear whether all data are stored in an encrypted format.
- The company is clear what jurisdiction a user's personal information is subject to.
8.7: Data Breach
- Notice is provided in the event of a data breach.
8.8: Data Oversight
- Unclear whether this product performs data-privacy and/or security-compliance audits.
9: Responsible Use
9.1: Social Interactions
- Users can interact with trusted users.
- Users can interact with untrusted users, including strangers and/or adults.
- Profile information must be shared for social interactions.
9.2: Data Visibility
- Personal information can be displayed publicly.
- Users can control how their data are displayed to others.
9.3: Monitor and Review
- User-created content is not reviewed, screened, or monitored by the company.
- User-created content is not filtered for personal information before being made publicly visible.
- Social interactions between users are not moderated.
- Unclear whether social interactions of users are logged.
9.4: Report Content
- Users can filter or block inappropriate content.
- Unclear whether users can report abuse or cyberbullying.
9.5: Internet Safety
- The company provides links to resources that support safe and appropriate social interactions.
10: Advertising
10.1: Vendor Communications
- A user can receive service- or administrative-related communications from the company.
10.2: Traditional Advertising
- Traditional or contextual advertisements are not displayed.
10.3: Behavioral Advertising
- Personalised advertising is not displayed.
10.4: Ad Tracking
- Data are not collected by third-parties for their own purposes.
- Users's information is not used to track and target advertisements on other third-party websites or services.
- Data profiles are not created and used for personalised advertisements.
10.5: Filtered Advertising
- Ads displayed to children are filtered for inappropriate content.
10.6: Marketing Communications
- The company can send marketing messages.
- The company does provide promotional sweepstakes, contests, or surveys.
10.7: Unsubscribe
- Users can opt out of contextual, or personalised advertising.
- Users can opt out or unsubscribe from marketing communications.
10.8: Do Not Track
- Unclear whether this product responds to "Do Not Track" or other opt-out mechanisms.
- Unclear whether the company provides a method for users to opt-out from third-party tracking.
11: Compliance
11.1: Children Under 13
- Company does have actual knowledge that personal information from users under 13 years of age is collected.
- The company does provide a section, heading, or separate policy for children in their policies.
- Account creation is not restricted or prohibited for users under 13 years of age.
11.2: Students in K–12
- Product is primarily used by, designed for, and marketed toward students in grades preK–12.
- Processes to enter education records into the product are described.
- Additional rights or protections may be provided with an additional school contract.
- Unclear whether the company is designated as a school official.
11.3: Parental Consent
- Parental consent is required before personal information is collected or disclosed.
- Parental consent is limited with respect to third parties.
- Parents can withdraw consent for the further collection of their child's information.
- Children's personal information is deleted if collected without parental consent.
- Parental consent notice and method for submission are provided.
- Parental consent obligations are transferred to the school or district.
11.4: Legal Requirements
- The legal jurisdiction that applies to the laws governing the policies is indicated.
- Unclear whether a user is required to waive the right to a jury trial, or settle any disputes by arbitration.
- Unclear whether a user is required to waive the right to join a class action lawsuit.
- A company will disclose personal information to law enforcement.
11.5: Certification
- Unclear whether the company has signed a privacy pledge or received a privacy certification.
11.6: International Laws
- A user's data are subject to International data transfer or jurisdiction laws.
- The company has indicated it is a Data Controller or Data Processor.