Business Structure and Registrations
“Nth Degree”, “Nth Degree Tutoring”, “Nth Degree Tutoring and Test Prep.”, and “NthDegreeTutoring.com” are registered fictitious business names of The Law Office of Scot S. Fagerland, a California professional corporation (California Business Entity # C3787880).
This corporation owns the US registered trademark “Nth Degree Tutoring” (Reg. # 6,104,517) and is the registrant of the pending allowed mark “Nth Degree Publishing” (App. Serial # 88,757,458).
Last Updated June 11, 2020
I. Plain English Assurances
This website may be used to collect your personal contact and payment information for purposes of booking appointments and / or making payments. It is a secure website. I will use your email address only for legitimate purposes of conducting business with you, staying in touch through the years when necessary to manage your long-term legal / patent interests, and occasionally to mass-email multiple clients important updates about my business practice. I do not repeatedly solicit unretained or long-dormant clients for business. I do not give your contact information to third parties.
When you leave your credit card information on file, it is stored in an encrypted PCI-DSS-compliant system managed by Square. It is secure from outside hacking. Your payment information is not stored on my computer. I do not have direct access to your credit card number but can only use Square to process your pre-authorized charges to me.
II. Introduction and Guarantees
I, Scot S. Fagerland, Esq., and the corporation The Law Office of Scot S. Fagerland, PC, dba Nth Degree Tutoring (collectively “NTH DEGREE”) respect your privacy. We will never willfully disclose individually identifiable information about our customers to any third party, except in the limited circumstances permitted by this policy.
We do not sell, rent, or loan any personally identifiable information regarding our customers to any third party. Any information you give to us is held with the utmost care and security, and will not be used in ways to which you have not consented.
III. Information We Collect On Our Sites
A. Information You Provide To Us
The Sites may ask you to provide information that could reasonably be used to contact you or to identify you personally—such as your name, e-mail address, telephone number, or home address (“Personal Information”). For example, NTH DEGREE may collect Personal Information when you register on the Sites, request information, submit comments or participate in some promotion, survey or other feature of the Sites, or otherwise communicate or interact with us. The Sites may also ask you to provide other information about yourself, such as demographic information (gender, zip code, age, etc.) or certain information about your preferences and interests. If we combine demographic or other information we collect about you with Personal Information about you, we will treat the combined information as Personal Information. To the extent the Sites allows you to apply to become a customer of NTH DEGREE, additional information may be requested and collected from you via customer application forms and other forms. If you do not want your Personal Information collected, please do not submit it.
B. Information We Collect Automatically
Whenever you visit or interact with the Sites, NTH DEGREE, as well as any third-party advertisers and/or service providers, may use a variety of technologies that automatically or passively collect information about how the Sites are accessed and used (“Usage Information”). Usage Information may include, in part, browser type, operating system, the page served, the time, and the preceding page views. This statistical data provides us with information about the use of the Sites, such as how many visitors visit a specific page on the Sites, how long they stay on that page, and which hyperlinks, if any, they “click” on. This information helps us keep our website fresh and interesting to our visitors and tailor content to a visitor’s interests. Usage Information is generally non-identifying, but if NTH DEGREE associates it with you as a specific and identifiable person, NTH DEGREE treats it as Personal Information.
NTH DEGREE also automatically collects your IP address or other unique identifier (“Device Identifier”) for the computer, mobile device, technology or other device (collectively, “Device”) you use to access the Sites. A Device Identifier is a number that is automatically assigned to your Device when you access a website or its servers, and our computers identify your Device by its Device Identifier.
The technologies used on the Sites to collect Usage Information, including Device Identifiers, may include, without limitation:
Cookies are data files placed on a Device when it is used to visit the Sites. NTH DEGREE, or our third-party advertising service providers, may place cookies or similar files on your Device for security purposes, to facilitate site navigation and to personalize your experience while visiting our Sites. Cookies allow us to collect technical and navigational information, such as browser type, time spent on our Sites and pages visited. Cookies also allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Sites. If you would prefer not to accept cookies, you can change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; or set your browser to automatically not accept any cookies. However, please be aware that some features and services on our Sites may not work properly because we may not be able to recognize and associate you with your NTH DEGREE account(s). In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests.
2. Pixel tags
A pixel tag is a transparent graphic image, sometimes called a web beacon or tracking beacon, placed on a web page or in an email, which indicates that a page or email has been viewed. In addition, a pixel tag may tell your browser to get content from another server. In order to ensure the safekeeping of your information, network advertising companies and publishers are not permitted to directly collect Personal Information on our Sites.
NTH DEGREE has implemented and uses Google Analytics for Display Advertisers and Google Display Network (DoubleClick). Google Analytics collects anonymous data about your interaction with our website via the DoubleClick cookie and through the standard Google Analytics implementation. Anonymous data may be used for purposes including delivering to you banner advertisements and other advertising tailored to your interests when you visit certain websites and selecting offers and products to display to you when you visit our website.
IV. How We Use the Information We Collect
NTH DEGREE uses the information we collect about and from you for a variety of business purposes, including for example, to: respond to your questions and requests; provide you with access to certain areas and features of the Sites; verify your identity; communicate with you about your account and activities on the Sites and, in our discretion, changes to any NTH DEGREE policy; tailor content, advertisements, and offers we serve you; improve the Sites and for internal business purposes; process applications and transactions; and for purposes disclosed at the time you provide your Personal Information or otherwise with your consent.
V. Sharing of Information
A. Third Parties Providing Services On Our Behalf
In order to carry out your requests, to make various features, services and materials available to you through the Sites, and to respond to your inquiries, we may share your Personal Information, or Usage Information with third parties that perform functions on our behalf (or on behalf of our partners), such as companies or individuals that: host or operate our Sites; analyze data; provide customer service; advertisers; sponsors or other third parties that participate in or administer our promotions or provide marketing or promotional assistance (such as in connection with winner selection, prize fulfillment, and as required by law, such as on a winners list).
B. Your Agreement To Have Your Personal Information Shared
C. Business Transfers
Your Personal Information may also be used by us or shared with our subsidiaries, affiliates and other entities in the family of companies controlled by NTH DEGREE for internal reasons, primarily for business and operational purposes. As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or all or substantially all of our assets, or assets related to the Sites, Personal Information, Usage Information, and any other information that we have collected about the users of the Sites may be disclosed to such entity as part of the due diligence process and will be transferred to such entity as one of the transferred assets. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.
D. Legal Disclosure
NTH DEGREE may transfer and disclose information, including your Personal Information, Usage Information and Device Identifier (including IP address), to third parties to comply with a legal obligation; when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce our user agreement or other applicable policies; to respond to an emergency; or otherwise to protect the rights, property, safety, or security of third parties, visitors to our Sites or the public.
VI. Information We Receive from Third Parties
NTH DEGREE may receive information about you from third parties. For example, if you are on another website and you opt-in to receive information from NTH DEGREE, that website will forward to us your e-mail address and other information about you so that we may contact you as requested. You may also choose to participate in a third party application or feature (such as one of our Facebook or Twitter applications or a similar application or feature on a third party website) through which you allow us to collect (or the third party to share) information about you, including Personal Information. In addition, we may receive information about you if other users of a third party website give us access to their profiles and you are one of their “connections” or information about you is otherwise accessible through your “connections” web page, profile page, or similar page on a social networking or other third party website or interactive service.
VII. Your Choice and Access
A. Opting Out
You may always direct us not to share your Personal Information with third parties, not to use your Personal Information to provide you with information or offers, or not to send you newsletters, e-mails or other communications by: (i) sending us an e-mail at scot.lawyer@Gmail.com with the word “Remove” as the subject header; (ii) contacting us using our Contact Page at https://www.FagerlandLaw.com/contact/ ; or (iii) following the removal instructions in the communication that you receive. Your opt-out request will be processed within 30 days of the date on which we receive it.
You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Preferences Manager (https://www.google.com/settings/ads/onweb/).
If you wish to verify, correct, or update any of your personal information collected through the Sites, you may edit your profile preferences or contact us at the above contact page or e-mail. In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the Sites. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.
B. Do Not Track Signals
California law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. Because there currently is not an industry or legal standard for recognizing or honoring DNT signals, we do not respond to them at this time. We await the result of work by the privacy community and industry to determine when such a response is appropriate and what form it should take.
VIII. Advertising / Behavioral Targeting
This is presently inapplicable to our website.
The Sites are not directed to children under 13. We do not knowingly collect personally identifiable information from anyone under 13 years of age. If we determine upon collection that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian’s consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will make reasonable efforts to delete such information from our records.
X. Security of Your Information
We use certain reasonable security measures to help protect your Personal Information. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use the Sites and provide us with your information at your own risk.
XI. Other Sites
The Sites may contain links to other sites that we do not own or operate. This includes links from advertisers, sponsors and partners that may use our logo(s) as part of a co-branding agreement. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies or practices. These other websites may send their own cookies to your Device, they may independently collect data or solicit Personal Information and may or may not have their own published privacy policies. You should also independently assess the authenticity of any site which appears or claims that it is one of our Sites (including those linked to through an email or social networking page).
XII. Consent to Processing and Transfer of Information
The Sites are operated in the United States. Given that we are an international business, our use of your information necessarily involves the transmission of data on an international basis. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States. By using the Sites, or providing us with any information, you consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen.
All users of our site may make any changes to their information at any time by logging into their control panel and going to the Account or Profile page.
XIV. EU General Data Protection Regulation (GDPR)
A. Data protection principles
The General Data Protection Regulation 2016/679 is a regulation in EU law on data protection and privacy for all individuals within the European Union and the European Economic Area. It also addresses the export of personal data outside the EU and EEA areas.
NTH DEGREE is committed to processing data in accordance with its responsibilities under the GDPR.
Article 5 of the GDPR requires that personal data shall be:
- processed lawfully, fairly and in a transparent manner in relation to individuals;
- collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
- adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
- accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
- kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals; and
- processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.”
B. General provisions
- This policy applies to all personal data processed by NTH DEGREE.
- The Responsible Person shall take responsibility for NTH DEGREE’s ongoing compliance with this policy.
- This policy shall be reviewed at least annually.
- NTH DEGREE shall register with the Information Commissioner’s Office as an organization that processes personal data.
C. Lawful, fair and transparent processing
- To ensure its processing of data is lawful, fair and transparent, NTH DEGREE shall maintain a Register of Systems.
- The Register of Systems shall be reviewed at least annually.
- Individuals have the right to access their personal data and any such requests made to NTH DEGREE shall be dealt with in a timely manner.
D. Lawful purposes
- All data processed by NTH DEGREE must be done on one of the following lawful bases: consent, contract, legal obligation, vital interests, public task or legitimate interests (see ICO guidance for more information – https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/).
- NTH DEGREE shall note the appropriate lawful basis in the Register of Systems.
- Where consent is relied upon as a lawful basis for processing data, evidence of opt-in consent shall be kept with the personal data.
- Where communications are sent to individuals based on their consent, the option for the individual to revoke their consent should be clearly available and systems should be in place to ensure such revocation is reflected accurately in NTH DEGREE’s systems.
E. Data minimization
- NTH DEGREE shall ensure that personal data are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
- NTH DEGREE shall take reasonable steps to ensure personal data is accurate.
- Where necessary for the lawful basis on which data is processed, steps shall be put in place to ensure that personal data is kept up to date.
G. Archiving / removal
- To ensure that personal data is kept for no longer than necessary, NTH DEGREE shall put in place an archiving policy for each area in which personal data is processed and review this process annually.
- The archiving policy shall consider what data should/must be retained, for how long, and why.
- NTH DEGREE shall ensure that personal data is stored securely using modern software that is kept-up-to-date.
- Access to personal data shall be limited to personnel who need access and appropriate security should be in place to avoid unauthorised sharing of information.
- When personal data is deleted this should be done safely such that the data is irrecoverable.
- Appropriate back-up and disaster recovery solutions shall be in place.
In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data, NTH DEGREE shall promptly assess the risk to people’s rights and freedoms and if appropriate report this breach to appropriate regulatory bodies.
XV. California Online Privacy Protection Act Compliance
Because we value your privacy, we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act (CalOPPA). We therefore will not distribute your personal information to outside parties without your consent.
Pursuant to CalOPPA, all users of our site may make any changes to their information at any time by logging into their control panel and going to the Account or Profile page.
XVI. Contact Us