E-Design Privacy Policy

Last updated: October 30, 2020

This Privacy Policy (“Policy”) describes and governs the information collection, use, and sharing practices of Varsity Brands Holding Co., Inc. and Hercules Achievement, Inc., with respect to your use of the eDesign website, mobile application, and related services (together, the “Services”).

Before you use or submit any information through or in connection with the Services, please carefully review this Policy. By using any part of the Services, you consent to the collection, use, and disclosure of your information as further outlined in this Policy.

Please note that some information we collect is in connection with Services we offer directly to schools and school districts for school purposes via contracts that may contain different privacy protections in accordance with applicable federal and state laws (e.g., the Family Educational Rights and Privacy Act or various state privacy laws). In the event of a conflict between the terms in this Policy and the data protection and security provisions in such contracts, the provisions in such contracts will govern with respect to such conflict and all other terms in this Policy will remain in effect.

INFORMATION WE COLLECT

When you use the Services, we collect information in a variety of ways, such as when you:

1. Information You Provide Directly to Us

We may collect information from you in a variety of ways, such as when you:

• Register for an account
• Use the Services
• Complete a survey or provide us with feedback
• Request certain features (e.g., reports or updates)
• Communicate with us, such as through an online form

Please note that to access the Services, only your Yearbook Adviser will be issued a password. Maintaining the confidentiality of that password is your sole responsibility. An authorized school administrator will be responsible for determining whether eDesign should be accessed from a school computer or a non-school computer.

The information you provide directly to us includes, but is not limited to:

• Contact information, such as name and email address
• Username and password associated with your account
• Information from your linked accounts – for example, if you log into the Services or otherwise connect with your Google Drive or Google Account, the photos that you select will be uploaded to the Services, along with their relevant metadata. Please note that this information from your linked accounts is only used by us on your behalf to provide the Services and in accordance with any applicable privacy requirements of the provider of the linked account (e.g., Google).

2. Information that is Passively or Automatically Collected

We may automatically collect certain information about the device you use to access the Services, such as IP addresses, unique device identifiers, browser types, browser language, operating system, mobile device carrier information, the state or country from which you accessed the Services; referring and exit web pages and URLs, platform type, the number of clicks, domain names, landing pages, pages and content viewed, the date and time you used the Services, the frequency of your use of the Services, error logs, and other similar information.

We may use cookies and similar tools, to assist in collecting this information. A cookie is a small text file that is placed on your computer when you visit a website, that enables us to: (i) recognize your computer; (ii) store your preferences and settings; (iii) understand the web pages of the Services you have visited; (iv) perform searches and analytics; and (v) assist with security and administrative functions. Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). You can also manage the use of Flash technologies, including cookies and local storage objects with the Flash management tools available at Adobe’s website. Please note that by blocking any or all cookies, you may not have access to certain features or offerings of the Services.

HOW WE USE YOUR INFORMATION

We may use the information we collect from and about you for the following purposes:

• To provide the Services
• To send you information you have requested, such as reports you have requested, or administrative or legal notices about the Services
• To contact you with information that we believe may be of interest to you based on your use of the Services
• To process and respond to your inquiries
• For internal research and reporting
• To improve the content and features of the Services or develop new Services
• To enforce the legal terms that govern your use of the Services
• To administer and troubleshoot the Services

We may aggregate and/or de-identify information collected through the Services. We may use de-identified and/or aggregated data for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, sponsors, and/or others.

WHEN WE DISCLOSE INFORMATION

We may share your information under the following circumstances:

• Service Providers: We may provide access to or share your information with select third parties who perform services on our behalf, including without limitation, advertising, market research, customer support, data storage, analysis and processing, and legal services.
• Protection of Varsity Brands and Others: By using the Services, you acknowledge and agree that we may access, preserve and disclose your information, including, but not limited to, any user content, if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce our Terms of Service, this Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; and/or (e) protect the rights, property or personal safety of Varsity Brands, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes.
• Business Transfers: As we continue to develop our business, we may buy, merge or partner with other companies. In such transactions, (including in contemplation of such transactions, e.g., due diligence) user information may be among the transferred assets. If a portion or all of Varsity Brands’ assets are sold or transferred to a third-party, customer information (including your email address) would likely be one of the transferred business assets.
• Consent: We may disclose your information to any third parties based on your consent to do so.

ONLINE ANALYTICS AND ADVERTISING

1. Online Analytics. We may use third-party web analytics services on our Services that use the sort of technology previously described in the “Cookies and other electronic technologies” section to help us analyze how users use the Services, including by noting the third-party website from which you arrive, and provide certain features to you. The information (including your IP address) collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services. Please see the information above on managing cookies from your browser to disable use of cookies for these purposes.

2. Tailored Online and Mobile Advertising. Subject to applicable law, we may personalize the content and advertising that you see when using the Services through the use of third-party advertising technologies that allow for the delivery of relevant content and advertising on the Services, as well as other websites you visit and other applications you use. The ads may be based on various factors such as the content of the page you are visiting, demographic data, and other information we collect from you. These ads may be based on your current activity or your activity over time and may be tailored to your interests. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link or the Digital Advertising Alliance’s Consumer Opt-Out link to opt-out of receiving tailored advertising from companies that participate in those programs.

DATA RETENTION

We keep your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.

SECURITY

We have implemented administrative, technical, and physical security measures to protect against the loss, misuse and/or alteration of your information. These safeguards vary based on the sensitivity of the information that we collect and store. However, we cannot and do not guarantee that these measures will prevent every unauthorized attempt to access, use, or disclose your information since despite our efforts, no Internet and/or other electronic transmissions can be completely secure.

CONSUMER RIGHTS

If you would like further information in relation to your legal rights under applicable law or would like to exercise any of them, please contact us using the information in the “Contact Information” section below at any time. Your local laws may permit you to request that we:

• provide access to and/or a copy of certain information we hold about you
• prevent the processing of your information for direct marketing purposes
• update information which is out of date or incorrect
• delete certain information which we are holding about you
• restrict the way that we process and disclose certain of your information
• transfer your information to a third party provider of services
• revoke your consent for the processing of your information

We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request.

YOUR MARKETING CHOICES

If you would no longer like to receive commercial email messages from us about products and services that may be of interest to you, please use the unsubscribe mechanism in such emails or email us at the contact information provided below. Please note that it will take some time to process your request in accordance with applicable law and you will still receive non-marketing communications (e.g., those that detail your transactions or provide you with administrative information).

INTERNATIONAL USERS

The information discussed in this Policy is processed in the United States by Varsity Brands, whose principal office in the United States is located at 14460 Varsity Brands Way, Farmers Branch TX 75244. By using the Services, you acknowledge that your information will be processed in the United States for the purposes described herein.

THIRD PARTY LINKS AND SERVICES

The Services may contain links to third-party websites, applications and other services. Please be aware that we are not responsible for the privacy practices of such other sites and services. We encourage our users to be aware when they leave our Services and to read the privacy statements of each and every site they visit that collects their information.

PRIVACY INFORMATION FOR CALIFORNIA RESIDENTS

If you are a California resident, click here to see Varsity Brand’s California Privacy Notice.

INFORMATION FROM CHILDREN

The Services are intended for general audiences and not for children under the age of 13. If we become aware that we have collected “personal information” (as defined by the United States Children’s Online Privacy Protection Act) from children under the age of 13 without legally-valid parental consent, we will take reasonable steps to delete it as soon as possible. We also comply with other age restrictions and requirements in accordance with applicable local laws.

CHANGES TO THIS POLICY

We reserve the right to change this Policy at any time to reflect changes in the law, our data collection and use practices, the features of our Services, or advances in technology. Please check this page periodically for changes. Your continued use of the Services following the posting of changes to this Policy will mean you accept those changes.

QUESTIONS ABOUT THIS POLICY

If you have any questions about our Policy, you can contact us by emailing us at privacy@varsitybrands.com or by writing to us at:

Varsity Brands
14460 Varsity Brands Way
Farmers Branch, Texas 75244
Attention: Legal Department