Privacy policy
Last Updated: January 28, 2025
This Privacy Notice describes how Jayne B. Company (doing business as Marker Learning) (“Marker Learning”, “we”, “our”, “us”) collects, uses, discloses, and otherwise processes personal data in connection with the websites markerlearning.com and getmarkerlearning.com and any other products or services that link to this Privacy Notice.
This Privacy Notice describes our privacy practices when you visit our website, create an account or otherwise engage with us. This Privacy Notice does not govern how our customers may process personal data when they use our services, or how we may process personal data on their behalf in accordance with their instructions where we are acting as their processor or service provider.
How we process personal data through our services: Marker Learning provides an AI-powered Software-as-a-Service (“SaaS”) tool that is designed for use by school psychologists, licensed clinical psychologists, and other professionals (collectively, “Users”) as a platform tool to assist with the creation of psychoeducational reports. We process data uploaded or generated by our Users through their use of the SaaS tool as a service provider. To learn more about how your personal data is being collected, used, disclosed, and otherwise processed by one of our Users, please contact the User directly for more information.
A note about Student Data: The personal data related to students (“Students”) that is provided to Marker Learning by Users when providing services in a school setting may include information defined as “educational records” by the Family Educational Rights and Privacy Act (“FERPA”) or “covered information” under California’s Student Online Personal Information Protection Act (“SOPIPA”), or other information protected by similar student data privacy laws. Such information is described in this Privacy Notice as “Student Data.” We process this information as a service provider and as a “School Official” under FERPA for the applicable educational institution (each, a “School”), such as a school district, school board or an individual school within a district. Our collection, use and processing of Student Data is governed by our contracts with the User or with the applicable School, as well as by applicable laws like FERPA and state student data privacy laws, and not by this Privacy Notice. However, we’ve included the Student Data section below to help you better understand the principles which guide our collection, use and disclosure of Student Data.
Our Collection and Use of Personal Data
The categories of personal data we collect depend on how you interact with us and our services. For example, you may provide us your personal data directly when you visit one of our websites, sign up for our mailing list, register for an account, participate in an event or survey, or otherwise contact us or interact with us.
We also collect personal data automatically when you interact with our websites and other services and may also collect personal data from other sources and third parties.
Personal Data Provided by Individuals
We collect the following categories of personal data individuals provide us:
Contact Information, including first and last name, phone number, email address, mailing address, School affiliation (if applicable), demographic information, and communication preferences. We use this information primarily to fulfill your request or transaction, to communicate with you directly, and to send you marketing communications in accordance with your preferences.
Account Information, including account credentials and the products or services you are interested in, purchased, or have otherwise used. We use this information primarily to administer your account, provide you with our products and services, communicate with you regarding your account and your use of our products and services, and for customer support purposes.
Payment Information, including payment card information, billing address, and other financial information (such as, routing and account number). Please note that we use third-party payment providers, including Stripe, to process payments made to us. We do not retain any personally identifiable financial information, such as payment card number, you provide these third-party payment providers in connection with payments. Rather, all such information is provided directly by you to our third-party payment providers. The payment provider’s use of your personal data is governed by their privacy notice. To view Stripe’s privacy policy, please click here.
Events Information, including information provided when you sign up for an event. We use this information in connection with planning and administering events, conducting market research, informing our marketing and advertising activities, and improving and growing our business.
Feedback and Support Information, including the feedback you provide to us via our online forms, live chat or automated chat functions, email addresses, and phone calls. Where permitted by law, your phone calls and other communications with us may be recorded, (including through the use of automated tools provided by us or our third-party providers). We use this information primarily to investigate and respond to your inquiries, to communicate with you via online chat, email, phone, text message or social media, and to improve our products and services.
If you choose to contact us, we may need additional information to fulfill the request or respond to your inquiry. We may provide additional privacy disclosures where the scope of the request we receive or personal data we require fall outside the scope of this Privacy Notice. In that case, the additional privacy disclosures will govern how we may process the information you provide at that time.
Personal Data Automatically Collected
We, and our third-party partners, automatically collect information you provide to us and information about how you access and use our products and services when you engage with us. We typically collect this information through the use of a variety of our own and our third-party partners’ automatic data collection technologies, including (i) cookies or small data files that are stored on an individual’s computer and (ii) other, related technologies, such as web beacons, pixels, embedded scripts, location-identifying technologies and logging technologies. Information we collect automatically about you may be combined with other personal information we collect directly from you or receive from other sources.
We, and our third-party partners, use automatic data collection technologies to automatically collect the following data when you use our services or otherwise engage with us:
Information About Your Device and Network, including the device type, manufacturer, and model, operating system, IP address, browser type, Internet service provider, and unique identifiers associated with you, your device, or your network (including, for example, a persistent device identifier or advertising ID). We employ third-party technologies designed to allow us to recognize when two or more devices are likely being used by the same individual and may leverage these technologies (where permitted) to link information collected from different devices.
Information About the Way Individuals Use Our Services and Interact With Us, including the site from which you came, the site to which you are going when you leave our services, how frequently you access our services, whether you open emails or click the links contained in emails, whether you access our services from multiple devices, and other browsing behavior and actions you take on our services (such as the pages you visit, the content you view, videos you watch, the communications you have through our services, and the content, links and ads you interact with). We employ third-party technologies designed to allow us to collect detailed information about browsing behavior and actions that you take on our services, which may record your mouse movements, scrolling, clicks, and keystroke activity on our services and other browsing, search or purchasing behavior. These third-party technologies may also record information you enter when you interact with our products or services, or engage in chat features or other communication platforms we provide.
Information About Your Location, including general geographic location that we or our third-party providers may derive from your IP address.
All of the information collected automatically through these tools allows us to improve your customer experience. For example, we may use this information to enhance and personalize your user experience, to monitor and improve our products and services, to offer communications features such as live and automated chat, and to improve the effectiveness of our products, services, offers, advertising, communications and customer service. We may also use this information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including targeted content and advertising; (c) identify you across multiple devices; (d) provide and monitor the effectiveness of our services; (e) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website; (f) diagnose or fix technology problems; and (g) otherwise to plan for and enhance our products and services.
For information about the choices you may have in relation to our use of automatic data collection technologies, please refer to the Your Privacy Choices section below.
Personal Data from Other Sources and Third Parties
We may receive the same categories of personal data as described above from the following sources and other parties:
Employers: If you interact with our services in connection with your employment, we may obtain personal data about you from your employer or another company for which you work. For example, we may obtain your contact information from your employer to allow us to communicate with you about your employer’s customer relationship with us.
Other Customers: We may receive your personal data from our other customers. For example, a customer may provide us with your contact information as a part of a referral.
Social Media: When you interact with our services through other social media networks, such as when you follow us or share our content on other social networks, we may receive some information that you permit the social network to share with third parties. The data we receive is dependent upon your privacy settings with the social network, and may include profile information, profile picture, username, and any other information you permit the social network to share with third parties. You should always review and, if necessary, adjust your privacy settings on third-party websites and social media networks and services before sharing information and/or linking or connecting them to other services. We use this information primarily to operate, maintain, and provide to you the features and functionality of our products and services, as well as to communicate directly with you, such as to send you messages about features that may be of interest to you.
Advertisers, Influencers, and Publishers: We engage in advertising both on our services and through third-party services. Advertisers, influencers, and publishers may share personal data with us in connection with our advertising efforts. For example, we may obtain information about whether an advertisement on our services led to a successful engagement between you and a third-party advertiser.
Business Partners: We may receive your information from our business partners, such as companies that offer their products and/or services as a part of or in connection with our services. If you choose to leverage these third-party services, we may receive confirmation from our business partner regarding whether you are an existing customer of their services.
AI Service Providers: We share personal data with service providers who enable us to provide AI-powered services. For example, this may include service providers who assist us in providing the AI-powered tools that form part of our service. Our current list of providers is available upon request.
Other Service Providers: Our service providers that perform services on our behalf, such as analytics and certain marketing providers, collect personal data and often share some or all of this information with us. For example, we receive personal data you may submit in response to requests for feedback to our survey providers.
Our Affiliates: In connection with providing our products and services, Marker Learning may receive personal data from company affiliates that control, are controlled by, or are under common control with Marker Learning.
Other Sources: We may also collect personal data about you from other sources, including publicly available sources, third-party data providers, brand partnerships, or through transactions such as mergers and acquisitions.
Inferences: We may generate inferences or predictions about you and your interests and preferences based on the other personal data we collect and the interactions we have with you.
Additional Uses of Personal Data
In addition to the primary purposes for using personal data described above, we may also use personal data we collect to:
Fulfill or meet the reason the information was provided, such as to fulfill our contractual obligations, to facilitate payment for our products and services, or to deliver the services requested.
Manage our organization and its day-to-day operations.
Communicate with you, including via email, chat, social media, text message, and/or telephone calls.
Address inquiries or complaints made by or about an individual in connection with our products or services.
Create and maintain accounts for our users.
Verify your identity and entitlement to our products and services.
Register you for and provide you access to events.
Market our products and services to adults such as psychologists and School representatives. However, we do not use Student Data for marketing purposes.
Develop, operate, improve, maintain, protect, and provide the features and functionality of our products and services.
Identify and analyze how you use our products and services.
Create aggregated or de-identified information that cannot reasonably be used to identify you, which information we may use for purposes outside the scope of this Privacy Notice.
Conduct research and analytics on our user base and our products and services, including to better understand the demographics of our users.
Improve and customize our products and services to address the needs and interests of our user base and other individuals we interact with.
Test, enhance, update, and monitor the products and services, or diagnose or fix technology problems.
Help maintain and enhance the safety, security, and integrity of our property, products, services, technology, assets, and business.
Defend, protect, or enforce our rights or applicable contracts and agreements (including our Terms of Service), as well as to resolve disputes, to carry out our obligations and enforce our rights, and to protect our business interests and the interests and rights of third parties.
Detect, prevent, investigate, or provide notice of security incidents or other malicious, deceptive, fraudulent, or illegal activity and protect the rights and property of Marker Learning and others.
Facilitate business transactions and reorganizations impacting the structure of our business.
Comply with contractual and legal obligations and requirements.
Fulfill any other purpose for which you provide your personal data, or for which you have otherwise consented.
Our Disclosure of Personal Data
We disclose or otherwise make available personal data in the following ways:
To Marketing Providers: We coordinate and share non-Student Data with our marketing providers in order to advertise and communicate with you about the products and services we make available.
To Ad Networks and Advertising Partners: We work with third-party ad networks and advertising partners to deliver advertising on other websites and services, and across other devices. These parties may collect information automatically from your browser or device when you visit our websites and other services through the use of cookies and related technologies. This information is used to provide and inform targeted advertising, as well as to provide advertising-related services such as reporting, attribution, analytics, and market research.
To Business Partners: We may share personal data with our business partners, or we may allow our business partners to collect personal data directly from you in connection with our services. Our business partners may use your personal data for their own business and commercial purposes, including to send you information about their products and services.
To Service Providers: We engage other third parties to perform certain services on our behalf in connection with the uses of personal data described in the sections above. Depending on the applicable services, these service providers may process personal data on our behalf or have access to personal data while performing services on our behalf.
To Our Affiliates: To provide our products and facilitate our services, Marker Learning may disclose personal data to affiliates that control, are controlled by, or are under common control with Marker Learning. Such disclosures are for purposes and uses that are consistent with this Privacy Notice.
To Other Businesses as Needed to Provide Services: We may share personal data with third parties you engage with through our services or as needed to fulfill a request or transaction including, for example, payment processing services.
In Connection with a Business Transaction or Reorganization: We may take part in or be involved with a business transaction or reorganization, such as a merger, acquisition, joint venture, or financing or sale of company assets. We may disclose, transfer, or assign personal data to a third party during negotiation of, in connection with, or as an asset in such a business transaction or reorganization. Also, in the unlikely event of our bankruptcy, receivership, or insolvency, your personal data may be disclosed, transferred, or assigned to third parties in connection with the proceedings or disposition of our assets.
To Facilitate Legal Obligations and Rights: We may disclose personal data to third parties, such as legal advisors and law enforcement:
in connection with the establishment, exercise, or defense of legal claims.
to comply with laws or to respond to lawful requests and legal process;
to protect our rights and property and the rights and property of our agents, customers, and others, including to enforce our agreements, policies, and terms of use;
to detect, suppress, or prevent fraud;
to reduce credit risk and collect debts owed to us;
to protect the health and safety of us, our customers, or any person; as otherwise required by applicable law.
With Your Consent or Direction: We may disclose your personal data to certain other third parties or publicly with your consent or direction. For example, with your permission, we may post your testimonial on our websites.
Your Privacy Choices
The following privacy choices are made available to all individuals with whom we interact.
Communication Preferences
Email Communication Preferences: You can stop receiving promotional email communications from us by clicking on the “unsubscribe” link provided in any of our email communications. Please note you cannot opt-out of service-related email communications (such as, account verification, transaction confirmation, or service update emails).
Phone Communication Preferences: You can stop receiving promotional phone communications from us by informing the caller you no longer wish to receive promotional phone calls from us, following the instructions provided on the call for opting out of promotional phone calls (where available), or replying STOP to any one of our promotional text messages. Please note we may need to continue to communicate with you via phone for certain service-related messages (such as, sending a verification code to your phone via call or text for purposes of verifying the authenticity of a log-in attempt).
Direct Mailing Preferences: You can stop receiving promotional direct mail communications from us by contacting us at hello@markerlearning.com Please note this opt-out does not affect any mailings that are controlled by third parties that may feature or mention our services.
Withdrawing Your Consent
Where we have your consent for the processing of your personal data (e.g., when you opt in to receive certain types of marketing communications from us), you may withdraw your consent by following the instructions provided when your consent was requested or by contacting us as set forth in the Contact Us section below.
Automatic Data Collection Preferences
Where a Marker Learning-specific preference manager or privacy setting is not available, you may be able to utilize third-party tools and features to further restrict our use of automatic data collection technologies. For example, (i) most browsers allow you to change browser settings to limit automatic data collection technologies on websites, (ii) most email providers allow you to prevent the automatic downloading of images in emails that may contain automatic data collection technologies, and (iii) many devices allow you to change your device settings to limit automatic data collection technologies for device applications. Please note that blocking automatic data collection technologies through third-party tools and features may negatively impact your experience using our services, as some features and offerings may not work properly or at all. Depending on the third-party tool or feature you use, you may not be able to block all automatic data collection technologies or you may need to update your preferences on multiple devices or browsers. We do not have any control over these third-party tools and features and are not responsible if they do not function as intended.
Targeted Advertising Preferences
We engage third parties to help us facilitate targeted advertising designed to show you personalized ads based on predictions of your preferences and interests developed using personal data we maintain and personal data our third-party partners obtain from your activity over time and across nonaffiliated websites and other services. The data we and our third-party partners use for purposes of facilitating targeted advertising, as well as to provide advertising-related services such as reporting, attribution, analytics, and market research, are primarily collected through the use of a variety of automatic data collection technologies, including cookies, web beacons, pixels, embedded scripts, location-identifying technologies and logging technologies. We may share a common account identifier (such as a hashed email address or user ID) with our third-party advertising partners to help link the personal data we and our third-party partners collect to the same person, or otherwise target advertising to an individual on a third-party website or platform.
In addition to taking the steps set forth in the Automatic Data Collection Preferences section above, you may be able to further exercise control over the advertisements that you see by leveraging one or more targeted advertising opt-out programs. For example:
Device-Specific Opt-Out Programs: Certain devices provide individuals the option to turn off targeted advertising for the entire device (such as Apple devices through their App Tracking Transparency framework or Android devices through their opt out of ads personalization feature). Please refer to your device manufacturer’s user guides for additional information about implementing any available device-specific targeted advertising opt-outs.
Digital Advertising Alliance: The Digital Advertising Alliance allows individuals to opt out of receiving online interest-based targeted advertisements from companies that participate in their program. Please follow the instructions at https://www.optout.aboutads.info/?c=2&lang=EN for browser-based advertising and https://www.youradchoices.com/appchoices for app-based advertising to opt out of targeted advertising carried out by our third-party partners and other third parties that participate in the Digital Advertising Alliance’s self-regulatory program.
Network Advertising Initiative: The Network Advertising Initiative similarly allows individuals to opt out of receiving online interest-based targeted advertisements from companies that participate in their program. Please follow the instructions at https://www.optout.networkadvertising.org/?c=1 to opt out of browser-based targeted advertising carried out by our third-party partners and other third parties that participate in the Network Advertising Initiative’s self-regulatory program.
Platform-Specific Opt-Out Programs: Certain third-party platforms provide individuals the option to turn off targeted advertising for the entire platform (such as certain social media platforms). Please refer to your platform provider’s user guides for additional information about implementing any available platform-specific targeted advertising opt-outs.
Please note that when you opt out of receiving interest-based advertisements through one of these programs, this does not mean you will no longer see advertisements from us or on our services. Instead, it means that the online ads you do see from relevant program participants should not be based on your interests. We are not responsible for the effectiveness of, or compliance with, any third parties’ opt-out options or programs or the accuracy of their statements regarding their programs. In addition, program participants may still use automatic data collection technologies to collect information about your use of our services, including for analytics and fraud prevention as well as any other purpose permitted under the applicable advertising industry program.
Modifying or Deleting Your Personal Data
If you have any questions about reviewing, modifying, or deleting your personal data, you can contact us directly at hello@markerlearning.com. We may not be able to modify or delete your personal data in all circumstances.
Partner-Specific Preference Options
Certain of our third-party providers and partners offer additional ways that you may exercise control over your personal data, or automatically impose limitations on the way we can use personal data in connection with the services they provide:
Device-Specific / Platform-Specific Preferences: The device and/or platform you use to interact with us (such as your mobile device or social media provider), may provide you additional choices with regard to the data you choose to share with us. For example, many mobile devices allow you to change your device permissions to prevent our products and services from accessing certain types of information from your device (such as your contact lists or precise geolocation data), and many social media platforms allow you to change your platform permissions to prevent integrated products and services from accessing certain types of information connected with your profile. Please refer to your device or platform provider’s user guides for additional information about implementing any available platform-specific targeted advertising opt-outs.
Google Analytics: Google Analytics allows us to better understand how our customers interact with our services. For information on how Google Analytics collects and processes data, as well as how you can control information sent to Google, review Google's website here: www.google.com/policies/privacy/partners/. You can learn about Google Analytics’ currently available opt-outs, including the Google Analytics Browser Add-On here: https://tools.google.com/dlpage/gaoptout/. We may also utilize certain forms of display advertising and other advanced features through Google Analytics. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick advertising cookie) or other third-party cookies together to inform, optimize, and display ads based on your past visits to our services. You may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://www.adssettings.google.com/anonymous?ref=ps-tech&hl=en.
Partner-Specific Preference Options
While our services may be used by Users to process personal data relating to children, our services are not intended to be used directly by children themselves. We do not intentionally direct our services to children under 13, and we do not collect or solicit personal data directly from children under 13. For information on how we process Student Data, see the Student Data section below.
If a child under the age of 13 has provided personal data to us directly, we encourage the child’s parent or guardian to contact us to request that we remove the personal data from our systems. If we learn that any personal data we collect has been provided by a child under the age of 13, we will promptly delete that personal data.
Security of Personal Data
We have implemented technical and organizational safeguards that are designed to safeguard personal data. For Schools that provide us with a designated point of contact for security breaches, Marker Learning maintains a Student Data breach response protocol.
Third-Party Websites and Services
Our services may include links to third-party websites, plug-ins, applications and other services. Except where we post, link to or expressly adopt or refer to this Privacy Notice, this Privacy Notice does not apply to any personal data practices of third parties. To learn about the personal data practices of third parties, please visit their respective privacy notices.
Updates to This Privacy Notice
We may update this Privacy Notice from time to time. When we make changes to this Privacy Notice, we will change the date at the beginning of this Privacy Notice. If we make material changes to this Privacy Notice, we will notify individuals by email to their registered email address, by prominent posting on this website or our other platforms, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided.
Contact Us
If you have any questions or requests in connection with this Privacy Notice or other privacy-related matters, please send an email to hello@markerlearning.com.
Student Data
To help Schools address their obligations to protect their students’ data privacy, we have implemented additional controls and procedures for Schools when they enter into a contract with Marker Learning to use the service as part of a School’s educational curriculum. When our services are used by Users on behalf of a School, the personal data related to Students that is provided to Marker Learning by the Users may include information defined as “educational records” by the Family Educational Rights and Privacy Act (“FERPA”) or “covered information” under California’s Student Online Personal Information Protection Act (“SOPIPA”), or other information protected by similar student data privacy laws. We call this information “Student Data.”
As between us and the School, Student Data is owned and controlled by the School. Our collection and use of Student Data is governed by our contracts with the Schools and by applicable privacy laws. For example, we provide services to Schools as a “School Official” under FERPA and we work with Schools to help protect personal data from the Student’s educational record, as required by the FERPA.
We collect, maintain, use and share Student Data only for an authorized educational purpose and as described in our Agreement with the School, or as directed by the School or by the Student’s parent or legal guardian (each, a “Parent”).
We do not use or disclose Student Data for targeted advertising purposes.
We do not build a personal profile of a Student other than in furtherance of an educational purpose.
We maintain a comprehensive data security program designed to protect the types of Student Data maintained by our services. For more information about our security practices, please see the Security section above.
We will clearly and transparently disclose our data policies and practices to our users.
We will never sell Student Data unless the sale is part of a corporate transaction, such as a merger, acquisition, bankruptcy, or other sale of assets, in which case we will require the new owner to continue to honor the terms provided in this Privacy Notice or we will provide the School with notice and an opportunity to opt-out of the transfer of Student Data by deleting the Student Data before the transfer occurs.
We will not make any material changes to our Privacy Notice or contractual agreements that relate to the collection or use of Student Data without first giving notice to the School and providing a choice before the Student Data are used in a materially different manner than was disclosed when the information was collected.
How We Share and Disclose Student Data
We disclose Student Data solely as needed to provide our services on behalf of specific Schools in accordance with our contracts with those Schools or with the consent of the School or Parent.
For example, Student Data may be disclosed to or accessible by Users who are authorized to use our services on behalf of the School.
We also disclose Student Data to trusted service providers who have a legitimate need to access such information on our behalf, subject to appropriate contractual terms to protect such data. Our current list of service providers is available upon request.
We may also disclose Student Data in connection with a business transaction or to support our legal rights and obligations, as described in the Our Disclosure of Personal Data section of this Privacy Notice.
How We Use De-Identified Data
We may also generate, use, and disclose de-identified information to recommend content or services relating to School purposes or other educational or employment purposes, as well as for development, research and improvement of our services. In addition, we may use de-identified information for the development and improvement of other educational sites, services and applications or technologies more generally to the extent permitted under applicable law. “De-identified information” means data from which all personally identifiable information has been removed or obscured so that the remaining information does not reasonably identify an individual and there is no reasonable basis to believe that the information can be used to identify an individual.
How We Retain Student Data
We will not knowingly retain Student Data beyond the time period required to support an educational purpose, unless authorized by the School.
Please note: Schools are responsible for managing Student Data which they no longer need for an educational purpose by submitting a deletion request.
If you are using our services on behalf of a School and wish to access Student Data, delete Student Data or close your account, please contact us at hello@markerlearning.com.
Questions About Student Data
If you are a Parent or Student and have questions about specific practices relating to Student Data provided to Marker Learning by a School, please direct your questions to your School.