Last Updated: October 21, 2026
This Privacy Policy (“Policy”) describes how The Purple Pen, Inc. (“The Purple Pen”, “we”, “our”, or “us”) collects, uses, shares, retains, or otherwise processes Personal Information in connection with The Purple Pen® platform and related websites, products, and services (the “Platform”). The Policy also informs individuals, including clients, customers, and website visitors (“you”) about your rights regarding your Personal Information and how to exercise these rights. This Policy, along with our Terms of Use (governing your use of the Platform) and Terms of Service (governing your access to and use of the Platform), which are incorporated by reference, is provided as a disclosure of our data practices and constitutes a legally binding agreement between you and The Purple Pen that conditions your interaction with the Platform, where and as permitted by applicable law and regulation. Please read this Privacy Policy carefully before using the Platform or submitting Personal Information to us. By accessing or using our Platform or otherwise communicating with us, you acknowledge that you have read this Policy and understand how we collect, use, and share your Personal Information as described herein. The Purple Pen® is a registered trademark of The Purple Pen Inc. in the United States. U.S. Reg. No. 7,874,213 (registered July 29, 2025, Int. Cl. 42).
This Policy applies to all users of the Platform, regardless of geographic location. If you access the Platform from outside the United States, please be aware that your Personal Information may be transferred to, stored in, and processed in the United States or other jurisdictions where data protection laws may differ from those in your jurisdiction. Where required by applicable law, we use appropriate safeguards for cross-border transfers and other transfer mechanisms recognized under applicable law, which includes but is not limited to users subject to the General Data Protection Regulation (“GDPR”), the California Consumer Privacy Act, as amended by the California Privacy Rights Act, the Personal Information Protection and Electronic Documents Act (“PIPEDA”), and other applicable privacy frameworks that may have additional rights and protections as described in the relevant Sections of this Policy. For more information, see HOW WE USE PERSONAL INFORMATION, Section V and INTERNATIONAL DATA TRANSFERS, Section XIII below.
If any provision of this Policy conflicts with mandatory provisions of applicable data protection or consumer protection law, those mandatory provisions prevail to the extent of the conflict. Nothing in this Policy limits any right or remedy that cannot lawfully be waived.
We collect information when you interact with our Platform, for example, (1) when you visit and use our website, (2) when you email us or submit forms online, (3) when you call us, or (4) when we are otherwise in communication with or providing products or services to you.
Certain of the information we collect may be “Personal Information,” by which we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a natural person or household, such as a name, postal address, email address, telephone number, and/or payment information, and subject to exceptions under applicable law, which may include information that is publicly available.
The Personal Information we collect or receive varies depending on how you interact with us. Depending on that interaction, we collect:
This may include your name, address, telephone number or e-mail address. For example, we might collect this Personal Information if you sign up for an online account. We might also collect contact information if you fill out one of our forms online. We may also collect the type of device you use to access our Platform, and collect your device identifier, IP address, or mobile operating system.
We collect information in order to provide you with an account, including email address and password, in addition to name and contact information.
For example, we may collect your payment card information, billing and shipping address when you purchase access to our product or services.
We may collect Personal Information you post in a public space on our Platform, such as when you leave a product review. We may also collect Personal Information and the content of your messages when you use our Platform. We may also collect audio recordings and other information when you contact us. We may also collect information such as survey responses when you are responding to a survey. We may use third party tools for the collection of this information, as described below.
We may collect Personal Information you post on our social media pages. We may also collect your social media profile information and information posted on your page.
We may collect your birth date, age, gender, and zip or postal code. We may also collect information that could identify you and relates to your hobbies, interests, or shopping behavior.
We may collect Personal Information about the purchases you make online. This could include the products you purchased and their prices. We may also collect information about the services you have purchased.
If you use our connected products (i.e., products that are connected to the internet in order to transmit data or be controlled remotely), we may collect information regarding your use of such products (such as which feature on our product you use the most).
We also collect information about when and how people visit and interact with our services, and Platform, including our websites and what pages they access, their interaction with the website, and its features. We might look also at what site you came from, or what site you visit when you leave us. We might look at how often you use the app and where you downloaded it. We might also review information regarding your interactions with our communications, such as email and chat. We may also receive information to help detect and prevent consumer fraud, including but not limited to browser and keyboard language settings, whether data is automatically filled or manually entered, whether data is manually or copy pasted, and proxy detection. We and/or our partners may use tools, including from third parties, to collect some of this information.
For example, we may collect precise location information from your device to provide you with the products and services you have requested. We collect precise location information only with your prior consent where required by applicable law. This may include information about your exact location. We may also collect this Personal Information in the background when our mobile applications are not in use. We do not use precise location data for marketing, analytics, interest-based advertising, or to draw inferences about you. For more information about your options related to the collection of your location information, see YOUR RIGHTS REGARDING PERSONAL INFORMATION, Section IX below.
Certain of the Personal Information we collect also falls under the sub-category of “Sensitive Personal Information” as defined by certain laws. If we collect Sensitive Personal Information, we only collect and use it as strictly necessary to provide goods and services to you and do not use it to infer characteristics about you. If you are a resident of certain states, we do not collect or process your sensitive data (as defined in those states' laws) without your consent. And, in all cases, we do not sell or share for targeted advertising purposes your Sensitive Personal Information.
We may collect data provided by customers including information relating to teachers, administrators, staff, schools, classes, curriculum, instructional planning, and other information submitted (“Educational Data”). When we process Educational Data on behalf of a school, school district, educational organization, or other customer, we generally process that information to provide, maintain, secure, and support the Platform and in accordance with our agreement with that customer and its instructions. We do not use Educational Data for purposes unrelated to providing or improving the contracted services, except as permitted by our agreement with the customer, applicable law, or as otherwise disclosed to the customer. Educational Data is subject to this Policy only to the extent it constitutes Personal Information.
For example, if you create an account or purchase access to our Platform, we collect your Personal Information. We may also collect your Personal Information if you sign up for promotional emails, contact us, or interact with us online or with our social media sites.
We collect Personal Information about users over time and across different websites, applications, and devices when you use the Platform. Our vendors and partners may also collect Personal Information this way on our Platform. For example, this may include when you install and navigate our Platform on any device. This may also include when you enable location-based features on our Platform or click on sponsored links or third-party advertisements. We may also use cookies, web beacons, flash cookies, and other tracking technologies for these purposes. Cookies are small files that download when you access certain websites. See COOKIES AND TRACKING TECHNOLOGIES, Section IV regarding our Cookie Preferences available to you.
We may collect Personal Information from third parties (such as fraud detection and prevention service providers) or from public sources to meet legal and regulatory requirements and for fraud detection and prevention purposes. We may also get information from advertising networks, internet service providers, data analytics providers, government entities, operating systems and platforms, social networks, or through our partners.
We may combine Personal Information we collect about you from the different devices you use to access our Platform. We may also combine Personal Information we get from third parties with Personal Information we already have about you.
A cookie is a small text file that is stored in a dedicated location on your computer, tablet, smartphone, or other device when you use your browser to visit an online service. A cookie allows its sender to identify the device on which it is stored during the period of validity of consent, which does not exceed 13 months. You may accept or reject the cookies described below using the Platform’s Cookie Preference Center.
These first-party cookies are required for optimum operation of the Platform and cannot be configured. They may be session or persistent cookies and allow us to provide key website functions, such as the language used, display resolution, account access, provide online advice, and secure the Platform against attempted fraud.
These first-party and third-party cookies, including, for example, Google Analytics, are persistent cookies used to measure and analyze our audience, including visitor volume, pages viewed, and average browsing time, to help us improve the performance of the Platform. These cookies are optional.
These first-party and third-party persistent cookies allow us to provide online recommendations of products, services, and content that match your expectations and preferences and provide an enriched, personalized experience. These cookies are optional.
These third-party persistent cookies are used for The Purple Pen advertisements displayed on third-party websites, including social media, and are tailored to your preferences and help us measure the effectiveness of our advertising campaigns. These cookies are optional. If you refuse these cookies, advertising (including ours) will continue to be displayed as you browse the Internet, but it will not be specific to your personal interests and may be less relevant.
You may manage your cookie preferences through the Platform’s Cookie Preference Center, including accepting or rejecting optional cookies, and your browser may also provide controls for cookies. Please also review the opt-out mechanisms described in the YOUR RIGHTS REGARDING PERSONAL INFORMATION, Section IX below. The cookie preferences referenced in our Terms of Use are managed through this Policy’s Cookie Preference Center described in Section IV.
For individuals in the European Economic Area (the “EEA”) and the United Kingdom (the “UK”), The Purple Pen processes Personal Information on the following legal bases under the GDPR. For individuals in Canada, we process Personal Information in accordance with the PIPEDA and applicable provincial privacy legislation, relying on consent (express or implied, as appropriate) as the legal basis for processing unless an exception applies. For individuals in other jurisdictions, we process Personal Information in accordance with applicable local data protection laws.
We use Personal Information to provide our Platform, products, features, and services. This may include using Personal Information to process your order and ship items, for customer support, to provide our website to you and make it easier for you to use, to manage our relationship with you, to enable your use of interactive features such as learning maps, to fulfill your requests, and to manage and provide our websites.
For individuals in the EEA/UK, The Purple Pen relies on the following legal bases under the GDPR for this processing: (i) contractual necessity (Article 6(1)(b)) for processing that is strictly necessary to perform our contract with you (as set forth in our Terms of Use and Terms of Service), such as processing orders, delivering purchased items, providing customer support, and managing your account; and (ii) our legitimate interests (Article 6(1)(f)) in operating, maintaining, and improving the Platform, including enabling interactive features such as learning maps and providing recommendations, balanced against your rights and freedoms.
Where we rely on legitimate interests, you have the right to object to this processing; please see YOUR RIGHTS REGARDING PERSONAL INFORMATION, Section IX below. For all users, we process Personal Information for these purposes only to the extent reasonably necessary and proportionate to provide you with the products and services you have requested, consistent with the purposes disclosed in this Policy and in accordance with applicable law in your jurisdiction.
We may use your Personal Information to make our Platform, products, and services better. We may use your Personal Information to customize your experience with us and to improve our products and services, such as our website.
For individuals in the EEA/UK, the GDPR legal basis for this processing is our legitimate interest in improving our products and services, balanced against the minimal impact on individuals given our use of aggregated or pseudonymized data where possible.
For example, we may use your Personal Information to send you information you request. We may also use your Personal Information to communicate with you via phone, email, chat, app (including push notifications) or in person, and to improve our services in those regards.
For individuals in the EEA/UK, the GDPR legal bases for this processing are contractual necessity and our legitimate interest in communicating with you and responding to your requests.
We may use Personal Information to protect our company, our consumers, our associates, and our Platform. For instance, we and/or our service providers use Personal Information to prevent and protect against consumer fraud and violations of the Terms of Service, including through proxy, spoofing, and copy/paste detection, information obtained from third parties, transaction data, and visits to the Platform. Suspected fraud or violation of the Terms of Service may result in denial of purchase and/or legal action. We also use Personal Information to collect and enforce accounts.
For individuals in the EEA/UK, the GDPR legal bases for this processing are legal obligation and our legitimate interest in fraud prevention and security, balanced against individual privacy interests.
For example, we may use your Personal Information to contact you about new products and special offers we think you'll find valuable, or to serve you with interest-based or targeted advertising. These might be third party offers or products we think you might find interesting. We and our partners may engage in interest-based advertising using Personal Information gathered across multiple websites, devices, or other platforms. We may call you, or send you emails or text messages as permitted by law. We may also use other means as they are developed. If you use our mobile applications, we may send you push notifications about new products or special offers.
Notwithstanding the foregoing, precise location data is not used for advertising, marketing, or interest-based advertising purposes. For individuals in the EEA/UK, the GDPR legal bases for this processing are consent where required by law and our legitimate interest in direct marketing, balanced against individual privacy interests. You may opt out at any time.
We may contact you about changes to our Platform or about service updates. We may also contact you about feedback or about this Policy, our Terms of Use, or our Terms of Service.
For individuals in the EEA/UK, the GDPR legal bases for this processing are contractual necessity (for communications strictly necessary to perform our contract with you, such as service-affecting changes to your account) and our legitimate interest in maintaining our relationship with you and keeping you informed of updates to the Platform and this Policy.
For example, we use Personal Information to maintain transactions and other business records. We retain this Personal Information for as reasonably necessary to fulfill the business purpose for which it was collected, subject to the retention criteria described in Section VIII. We also use Personal Information for internal purposes as permitted by law. This includes administrative and audit purposes. We also use Personal Information to meet legal, insurance, and processing requirements. We may also use Personal Information for purposes that are compatible with the purposes described above, as permitted by applicable law and in accordance with this Policy. In some circumstances, we may seek your permission, for example, if we are legally required to do so.
For individuals in the EEA/UK, the applicable GDPR legal bases for this processing are legal obligation and legitimate interest, as applicable.
For example, we share Personal Information with vendors who send emails for us. We may also share Personal Information with service providers that help us operate our Platform or run promotions. This may also include vendors who assist with payment processing, fraud detection and prevention, customer service, or data hosting and processing.
Payments for purchases made through our site may be completed using third-party vendor payment systems. We do not store or disclose your payment card information as part of your purchase through these third-party systems. The Personal Information or financial information you provide through payment processors is subject to the third-party privacy policy.
We work with advertising, marketing, and other similar partners. We may disclose Personal Information to these partners, as permitted by law, including for the reasons described below.
Under certain state laws, some of this sharing may be considered a "sale," "sharing," or use of Personal Information for targeted advertising purposes. If you are a resident of those certain states, you may have a right to opt out of this sharing of information. Please see RIGHTS OF CONSUMERS IN CERTAIN STATES: ACCESS AND CONTROL OVER YOUR PERSONAL INFORMATION, Section XIV below.
This includes if we are merged or all or part of our business or assets are transferred, assigned, or sold. Your Personal Information will be disclosed to our successor or assign in these circumstances who can use and disclose your Personal Information for substantially the same purpose as set out in this Policy.
This includes compliance with laws outside of the US that might apply to us. For example, we will share your Personal Information to respond to a court order or subpoena. We may share it if a government agency or investigatory body requests. We might share your Personal Information when we are investigating potential fraud, or if we are, or believe we may need to defend or assert a legal claim.
All the above categories exclude text messaging originator opt-in data and consent.
This Section applies particularly to schools, school districts, educational organizations, and other customers that provide information (“Educational Information”) to The Purple Pen through the Platform. Educational Information includes Educational Data (as defined in Section II.k above).
To the extent The Purple Pen processes Educational Data or Educational Information on behalf of a customer, the customer generally determines what information is submitted to the Platform and how that information is used within the Platform. The Purple Pen processes Educational Data to provide the services, comply with the customer’s instructions, maintain, and secure the Platform, provide customer support, and perform other functions permitted by the customer’s agreement with The Purple Pen and applicable law.
If customers submit information about students or children, The Purple Pen will process that information in accordance with the customer’s agreement, applicable privacy laws, and applicable requirements relating to children’s or students’ information. The Purple Pen does not knowingly use student information for targeted advertising and does not sell or share the Personal Information of students or children.
Where applicable, The Purple Pen will support customers in meeting their obligations under applicable student-privacy laws and contractual requirements.
For individuals in the EEA/UK, the GDPR legal bases for this processing are contractual necessity and our legitimate interest in providing, maintaining, securing, and supporting the Platform for our customers.
For each category of Personal Information listed above in Section II herein, we retain the Personal Information for as long as is necessary to fulfill the purpose for which it was collected, including to satisfy legal, accounting, or reporting requirements and, where required for us to assert or defend against legal claims, until the end of the relevant retention period or until the claims in question have been settled.
We use the following criteria to determine how long to retain Personal Information:
When Personal Information is no longer required for any of the above purposes, we will securely delete or anonymize it in accordance with applicable law and our internal data management policies.
You have certain rights regarding how we use your Personal Information. Certain rights are browser and device specific.
You can opt out of receiving our marketing communications. You can opt-out of receiving our promotional emails or text messages by following the instructions included with the communication. Note that you will still receive transactional messages from us, including information about your account and responses to your inquiries.
3. We honor valid opt-out preference signals (Do Not Track). The purpose of an opt-out preference signal is to provide consumers with a simple and easy-to-use method to notify businesses that they do not want their Personal Information shared with other third parties for advertising or other purposes unrelated to the purpose for which their Personal Information was collected. Through opt-out preference signal, consumers can opt out of sharing their Personal Information with all businesses that they interact with online without having to make individualized requests.
We process opt-out preference signals via browsers that meet the following requirements and are therefore considered valid: (1) the signal is in a format commonly used and recognized by us, such as an HTTP header field and (2) the platform, technology, or mechanism that sends the signal must make clear that the signal is meant to have the effect of opting you out of sharing your Personal Information. Currently, we respond to the Global Privacy Control (GPC) signal.
If you have previously opted into the collection and use of location-based information through our mobile applications, you may opt-out by adjusting the settings on your mobile device.
You may completely opt-out of all location-based information collection by us if you uninstall all of our mobile apps from your devices.
Our Platform is meant for adults and not intended for children under thirteen (13) years of age. Users under thirteen (13) years of age are not permitted to use the Platform under any circumstances, and The Purple Pen does not knowingly collect Personal Information from children under the age of thirteen (13). If The Purple Pen becomes aware that it has collected Personal Information from a child under thirteen (13) without verifiable parental consent, it will take steps to delete such information promptly.
Parents or guardians who believe their child’s Personal Information has been collected without proper consent may contact The Purple Pen using the contact information provided in Section XVI below. The Purple Pen does not knowingly sell or share the Personal Information of consumers between the ages of thirteen (13) and seventeen (17) without their affirmative authorization.
No method of transmission over the Internet or method of electronic storage is completely secure. We cannot guarantee that any of your Personal Information stored or sent to us will be completely safe. We encourage you to use caution. We use reasonable technical, administrative, and physical controls, procedures and practices to safeguard Personal Information under our control. These controls, procedures and practices take into consideration the nature of the Personal Information to protect the Personal Information from unauthorized or illegal access, destruction, use, modification, and disclosure. A username and a password are needed to access certain areas of our Platform. It is your responsibility to protect your username and password.
The Purple Pen employs industry-standard security measures and will comply with applicable breach notification laws. If you have reason to believe that the security of your communications or Personal Information has been compromised, please notify us immediately using the contact information herein at Section XVI below.
In the event of a data breach involving Personal Information, The Purple Pen will notify affected individuals and relevant regulatory authorities in accordance with applicable federal and state breach notification laws and, where applicable, the GDPR. For individuals in Canada, The Purple Pen will report breaches of security safeguards involving Personal Information to the Office of the Privacy Commissioner of Canada and notify affected individuals as required by PIPEDA and applicable provincial breach notification laws. Notification will be provided without unreasonable delay and will include a description of the nature of the breach, the categories of Personal Information affected, and the measures taken or proposed to address the breach.
For example, this may include social media sites. This Policy does not apply to those third-party sites. We strongly advise you to check the privacy policies of all third-party sites you visit to find out how they are treating your Personal Information. We are not responsible for these third parties' practices.
Personal Information may be transferred to, stored in, and processed in the United States and other countries where The Purple Pen or its service providers maintain facilities. These countries may have data protection laws that differ from those in your home jurisdiction. By using the Platform, you acknowledge that your Personal Information may be transferred as described in this Policy. Where required by applicable law, such transfers are made pursuant to appropriate safeguards, including Standard Contractual Clauses or other mechanisms recognized under applicable data protection law.
You may contact The Purple Pen using the information in Section XVI below for more information about the specific safeguards applied to international data transfers, which may include Standard Contractual Clauses approved by the European Commission, binding corporate rules, adequacy decisions where applicable, or other transfer mechanisms recognized under applicable data protection law.
Comprehensive state privacy laws offer you additional rights, where applicable. These state laws generally offer their residents the rights detailed below, though applicable rights and related exceptions vary by jurisdiction.
If you are a resident of these states, you have the right to request and receive, the categories and specific pieces of Personal Information we have collected about you, the categories of sources from which the Personal Information is collected, the business purpose for collecting the Personal Information, the categories of third parties with whom we share Personal Information, and the length of time we intend to retain each category of Personal Information, or if that is not possible, the criteria used to determine that information. You have the right to obtain this Personal Information from us in a common file format.
The right to request that we correct inaccurate Personal Information, taking into account the nature of the Personal Information and the purpose for which it was collected.
The right to delete your Personal Information under certain circumstances. The Purple Pen may refuse a deletion request for certain enumerated reasons, including where the Personal Information was not collected from you (for example, where it was obtained from another source), where deletion is necessary to comply with applicable law, or where deletion would prevent The Purple Pen from exercising or defending legal claims.
The Purple Pen does not knowingly "sell" Personal Information for direct monetary compensation. However, the meaning of "sale" under applicable privacy laws is quite broad and may include certain transfers of information to third parties through the use of cookies and other trackers (collectively, "cookies"). In addition, we "share" Personal Information for targeted advertising purposes (including as described under certain state privacy laws), through cookies. We use these cookies for statistical analysis, to personalize your experience, and for advertising and social media purposes, including to track your use of our site, offer you advertisements that target your particular interests, and to analyze the performance of our advertising campaigns. Information disclosed to third parties includes basic identification information, device information and other unique identifiers, internet activity, and commercial data.
In certain states, you have the right to opt out of the "sale" of Personal Information and the "sharing" of Personal Information for targeted advertising purposes. As a result, you have the right to reject all cookies except functional cookies (this option will opt you out of all "sales" and "sharing" for targeted advertising purposes). If you visit us from a different device or browser, or clear cookies, you may need to re-select your preferences. Please note that even if you opt out of the sale or sharing of your Personal Information, your use of our Platform may still be tracked by The Purple Pen and/or our service providers.
You may opt out of the sale or sharing of your Personal Information by clicking on our "Do Not Sell or Share My Personal Information" link on our homepage.
If you are a resident of one of these states, you may have a right to consent or opt out of processing of Sensitive Personal Information or to limit the use of Sensitive Personal Information. We do not collect or process your Sensitive Personal Information without your consent. We also do not use Sensitive Personal Information for any purpose other than to provide the products and services you request, and do not use it to infer characteristics about you. Therefore, we do not and are not required to provide you with a right to limit the use of your Sensitive Personal Information.
If you are a resident of certain states, and we deny your exercise of any of your rights set forth above, you may appeal that denial by contacting us using the methods described herein at Section XIV or Section XVI. We will respond to your appeal within the timeframe required by applicable law. If we deny your appeal, we will provide you with information on how to contact the relevant state attorney general or other applicable regulatory authority to submit a complaint.
The Purple Pen further does not discriminate against you or any other user or consumer on the basis of exercising any rights afforded by applicable privacy laws.
We will verify your identity using at least two data points you have previously provided to us, including your email address and phone number, or some other identifying information specific to you. We will verify your consumer request by comparing the information you provide to information already in our possession and take additional steps to minimize the risk of fraud. Please have this information available so that we can verify your request. We will first acknowledge receipt of your request within ten (10) business days after receipt of your request. We will provide a substantive response to your request within forty-five (45) calendar days after its receipt or as otherwise required by law. If we require more time (up to ninety (90) days or the permitted timeframe), we will inform you of the reason and extension period in writing.
For individuals located in the EEA/UK, we will respond to your request within one (1) month of receipt. If necessary due to the complexity or number of requests, this period may be extended by up to two (2) additional months, in which case we will inform you of the extension and the reasons for the delay within the initial one-month period.
You may also authorize an agent to submit a request on your behalf, so long as you provide the authorized agent with written permission to request on your behalf, and your authorized agent is able to verify their identity with us. Only you or an authorized agent may make a verifiable consumer request related to your Personal Information.
Should you need access to this Policy in an alternative format due to a disability, please contact us through the methods provided above.
If you are a resident of certain states, you have the right to request a list of third parties to whom your Personal Information has been shared.
The Purple Pen does not currently offer any financial incentives, price differences, or service differences in exchange for the collection, retention, sale, or sharing of Personal Information. If The Purple Pen introduces any such programs in the future, this Policy will be updated to include the material terms of such programs as required by applicable law.
We will notify you of any material changes, or otherwise as required by applicable law (including, as necessary, providing you with an opportunity to withdraw consent). We will post an updated copy on our Platform, with a "Last Updated" date at the top of this document. Please check this page for updates.
To request access to delete or correct your Personal Information, to ask us any questions, or to contact our Legal Team if you have other questions about how we use your information, you can contact us at [email protected] or via phone at (708) 232-3503.
If you are located in the EEA or UK, you also have the right to lodge a complaint with your local supervisory authority.
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