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THINK.COM PRIVACY POLICY

I. GENERAL INFORMATION

Think.com is a global program providing interactive learning tools to students in several countries. The Oracle Education Foundation, with registered offices at 500 Oracle Parkway, Redwood Shores, California, U.S.A. (the “Foundation”), the non-profit organization that hosts Think.com, respects User (as defined below) privacy and supports initiatives intended to preserve individual privacy on the Internet. This statement discloses the current information-gathering, use and dissemination practices at Think.com.

In light of the international nature of our program, the Foundation’s privacy practices are self-certified to the U.S. Department of Commerce Safe Harbor Program. For more information about Safe Harbor, go to http://www.export.gov/safeharbor/.

The Foundation welcomes any comments or questions Users may have, and you should feel free to contact Think.com via email by clicking on the Contact Us link at http://think.com/, or by sending us an email at support@think.com.

II. CERTAIN DEFINITIONS

Capitalized terms used and not otherwise defined in this Privacy Policy have the meaning set forth below:

1. USERS:  “Users” of Think.com means any registered user, and may include students, teachers, including teachers from schools in other countries, Think.com Administrators, Think.com Staff, and Partner Organizations.

2. THINK.COM ADMINISTRATORS:  “Think.com Administrators” means a teacher or staff member of the school and/or a student’s teacher. Think.com Administrators are the Foundation’s primary contact at each school, and oversee the creation and management of student and teacher accounts.

3. THINK.COM STAFF:  “Think.com Staff” means employees of Oracle U.S.A. and its’ subsidiaries who administer and manage the Think.com website and Think.com programs on behalf of the Foundation.

4. PARTNER ORGANIZATIONS:  “Partner Organization” means an organization that has expressly been granted permission by Think.com to participate in Think.com services and to provide and manage educational projects and content in Think.com. Activities performed by Partner Organizations may include, but are not limited to, publishing content in Think.com, facilitating student interaction within published forums, interacting with students regarding ongoing projects, and visiting Personal Webpages (as defined below) within Think.com.

III. TYPES OF INFORMATION COLLECTED

Personally identifiable information (“Personally Identifiable Information”) is information that can be used to identify or contact Users, such as name, e-mail address, telephone number or similar information, and also includes these items as they pertain to other people. The Foundation collects general information and Personally Identifiable Information from Users. Unless you provide it to us voluntarily, neither the Foundation nor its Partner Organizations independently collect Personally Identifiable Information about you in connection with your use of Think.com. In providing Personally Identifiable Information, Users must take all reasonable care to ensure that such information is accurate, up-to-date, complete, relevant and not misleading. The means used to collect information and the types of information collected are described below:

1. SCHOOL APPLICATION: A school may submit an application online to participate in Think.com at http://www.think.com/apply. At the point of application, we collect the school’s name, mailing address and phone number. Submission of a school’s website address is optional. We also collect the first and last name, title and email address of a primary contact person, as well as the name and contact information for the person with legal signing authority for the school. The school and Think.com enter into an agreement governing the terms of the school’s participation (a “School Agreement”).

2. ACCOUNTS:  The Foundation collects Personally Identifiable Information about registered Users of Think.com at the point when a member school creates the User accounts for their teachers and students. Students can only acquire accounts for Think.com after their school has signed a School Agreement and become a member of Think.com.

The following information is collected at the point of account creation:

Name: A User’s first and last name is collected. Only a student’s first name and the first initial of their last name are visible to other Users of Think.com, except that the student’s teachers and Think.com Staff can view a student’s last name for administrative purposes.

Grade: Grade information is collected to allow Users to navigate to age-specific webpages and content, as well as to disable accounts of students who are no longer affiliated with or have graduated from the school. This information is not available to all Users of Think.com, but may be viewed by a school’s Think.com Administrators and a student’s teachers, and Think.com Staff.

School: The name of a student’s school is collected when a student’s school applies and agrees to participate in Think.com. Collecting this information allows a school’s Think.com Administrators to monitor their school’s Users and content.

3. PERSONAL WEBPAGE:  Users may create a personal webpage in Think.com (“Personal Webpage”) and may upload pictures and post information about personal interests, such as hobbies and sports. Users are not required to submit this information and are allowed to choose what information they would like to post on their Personal Webpages in Think.com. While Users are asked not to post Personally Identifiable Information on their Personal Webpages, such as their email address, instant messenger screen names, address, or other information that reveals their identity or contact information, and Personally Identifiable Information is never solicited by the Foundation for use on Personal Webpages, Users should be aware that any Personally Identifiable Information posted to a Personal Webpage will be accessible by and shared with other Users of Think.com

4. PROJECTS WITH PARTNER ORGANIZATIONS: Educational projects associated with Think.com programs are provided and managed by Partner Organizations and Think.com, and Users participate by posting work, questions, and messages, and interacting with other Think.com Users and Partner Organizations. Users are not required to participate in such projects or to submit Personally Identifiable Information. While Personally Identifiable Information is never solicited by the Foundation or its Partner Organizations for use in projects, Users should be aware that any Personally Identifiable Information supplied in the course of participating in projects will be accessible by and shared with Partner Organizations.

Any information you provide to the Foundation must be true, accurate, current, non-misleading, and consistent and relevant for the purpose for which you are providing the information. You must have the authority to provide the information submitted to and through Think.com, and you understand and agree that we may from time to time use the information submitted to verify such authority.

THE FOUNDATION DOES NOT WISH TO RECEIVE ANY PERSONALLY IDENTIFIABLE INFORMATION PERTAINING TO ANY INDIVIDUAL UNLESS ALL REQUISITE PERMISSIONS HAVE BEEN OBTAINED IN ADVANCE, INCLUDING PARENTAL CONSENT. YOU HEREBY REPRESENT AND WARRANT TO THE FOUNDATION THAT YOU HAVE FULL AUTHORITY TO SUBMIT THE PERSONALLY IDENTIFIABLE INFORMATION AND OTHER INFORMATION REQUIRED FOR PARTICIPATION IN THINK.COM AND OTHER INTERACTIONS WITH US.

IV. WHAT WE DO WITH THE INFORMATION WE COLLECT

The Foundation collects Personally Identifiable Information as part of providing the educational services in connection with Think.com agreed to by the participating school, and we use the information solely to facilitate and manage the educational services provided by Think.com. We will use this information for the duration of your participation in Think.com’s services and for a reasonable time thereafter as we require for legitimate legal and organizational purposes. Personally Identifiable Information is shared only with parties as described in this Privacy Policy and the Foundation will establish contractual protections to confirm that any such parties do not use or disclose the information for marketing or other functions not related to Think.com programs.

While our primary data center is in the USA, in order to provide service in a timely, cost effective and efficient manner, information provided to Think.com may be made available to authorized Think.com Staff across our global offices or to approved Partner Organizations that require access to the information for the purpose of supporting the Think.com program. Information provided to Think.com will be used in accordance with this Privacy Policy and processed in compliance with the relevant instructions provided by the Foundation.

The Foundation does not sell or rent Personally Identifiable Information we collect from Think.com Users to third parties, nor does the Foundation use the information collected for any marketing purposes. We do not require that Users disclose more Personal Information than is reasonably necessary as a condition to use Think.com.

Once logged in to Think.com, all Users, including Think.com Staff, Think.com Administrators, and Partner Organizations, can view the information posted by Users in Think.com. This information is made available by each user through the act of publishing content and can be withdrawn at their discretion. In addition, each school’s Think.com Administrators and Think.com Staff have access to students’ and teachers’ full names for purposes of creating and administering student and school accounts.

In addition to other data sharing described in this Privacy Policy, we may share Personally Identifiable Information and other data as may be required or permitted by applicable legal requirements, including the disclosure of information to the government, law enforcement, or other authorities. You should be aware that Personally Identifiable Information could also be accessed if someone unlawfully logged into Think.com (for example, by obtaining a student’s ID and Password, or unlawfully “hacking” the Think.com site), despite the security measures adopted by the Foundation. Further, the Foundation can (and by agreeing to the “Terms of Use” and this Privacy Policy you authorize us to) disclose Personally Identifiable Information in cases where the Foundation, in its sole discretion, believes that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Think.com, the Foundation’s rights or property, any User, or any third party.

In the event of a sale, merger, liquidation, dissolution, or transfer of substantially all of the assets of the Foundation, Personally Identifiable Information and/or usage data submitted by you via this Think.com may be sold, assigned, or transferred to the party acquiring all or substantially all of the equity and/or assets of the Foundation in order to permit the party to continue the operation of Think.com. By using Think.com, you consent to the sale and transfer of your information as described in this paragraph.

V. PARENTAL CONSENT

Parental consent is required before a student can participate in Think.com. Schools are responsible for obtaining written parental consent before a student is provided with an account by his/her school and before any Personally Identifiable Information about the relevant student is submitted to the Foundation to enable participation in Think.com.

VI. CONSENT TO PROCESSING

By using Think.com, or providing information to the Foundation, you understand and unambiguously consent to the collection, processing, transfer and use of such information, including Personally Identifiable Information, in the United States and other countries and territories, exclusively for the purposes set forth in this Privacy Policy. You hereby consent to the collection, processing and disclosure by the Foundation of your Personally Identifiable Information, to the use of cookies (as described in Section VIII below) and to the tracking of IP addresses (as described in Section IX below) as described under this Privacy Policy. For further certainty, any consent relating to a right to transfer information referred to in this paragraph shall be deemed to include your consent to the transfer of the applicable Personally Identifiable Information to a jurisdiction which may have a different level of privacy protection than that available in your own country.

VII. MODIFICATION OF INFORMATION; OPT-OUT CHOICES

Parents of children using Think.com have the right to review and have the Foundation modify or delete their child’s Personally Identifiable Information. They also have the right to have the Foundation terminate their child’s status as a User, and to refuse to permit further use of their child’s Personally Identifiable Information. Parents should contact their child’s school or the Foundation directly by clicking on the “Contact Us” link at http://www.think.comif they are interested in doing so or have any questions. Think.com Users have the right to review their Personally Identifiable Information, to modify the information they make available in Think.com at any time, and may also request the opportunity to review and correct their own Personally Identifiable Information by contacting their school’s Think.com Administrator. Users may also receive assistance by clicking on the “Contact Us” link at http://www.think.com.

Parents and Users may also opt-out of certain functions in Think.com. Users may "opt-out" of (1) receiving communications from the Foundation, except for communications necessary for the use of Think.com or participation in a project, or (2) any other consent previously granted for a specific purpose concerning your Personally Identifiable Information, by contacting Support via the “Contact Us” link at http://www.think.com.

VIII. COOKIES

“Cookies” are small pieces of data that a website sends to a web browser. The Foundation often uses Cookies because they help keep track of things like an individual’s preferences and personal interests, as well as helping us evaluate where on the site people go and how they use the site. This information is important to help us develop the correct ordering of screens and to facilitate User navigation. Within Think.com, the Foundation uses cookies to authenticate Users. Authenticating Users helps maintain the security of Think.com.

IX. IP ADDRESSES

The Foundation tracks the IP/Internet addresses of the domains from which people access Think.com. This information may enable us to determine where Users are coming from and which parts of our site they are going to, and is part of the computer contact information provided to our server when a User logs on.

X. SECURITY

The Foundation is concerned with the security of the Personally Identifiable Information and has in place adequate security measures to prevent unauthorized access to that information. These measures include policies, procedures, and technical elements relating to data access controls. In addition, the Foundation uses standard security protocols and mechanisms to exchange the transmission of sensitive data such as Personally Identifiable Information.

XI. OTHER WEBSITES

This Privacy Policy applies only to www.think.com. The Foundation, its affiliates and subsidiaries operate many websites for different purposes and in multiple jurisdictions where local laws may apply. Think.com may include links to certain affiliated sites and to other educational resource and non-profit websites, including access to content, products and services of such affiliated and non-affiliated sites (“Other Sites”). When you click on a link to these Other Sites, you will leave Think.com. Prior to accessing Other Sites or non-Foundation content via Think.com, we urge you to familiarize yourself with the individual privacy and other terms for each linked or framed site prior to submitting any Personally Identifiable Information. The Foundation takes no responsibility for the compliance or non-compliance by any Other Sites with any privacy laws or undertakings.

XII. CHANGES TO THIS PRIVACY POLICY

The Foundation reserves the right to revise the Privacy Policy for Think.com by posting the revised Privacy Policy on the Think.com site. We will notify you if there are any material changes to the terms in this Privacy Policy by posting a link on the home page to the website that provides “New Privacy Policy” or a similar formulation. Member schools are also responsible for obtaining updated parental consent if material changes are made to this Privacy Policy.

LAST UPDATED: January 2007