The Foundation for a Meaningful Life
Kindergarten - Grade 9 in Southborough, MA

Privacy Policy

 
Introduction: Who We Are and Why We Collect Your Information

Fay School (“Fay,” the “School,” “we,” “us,” “our”) is a co-educational day and boarding school for students in Kindergarten through grade nine. Fay helps children establish the foundation for a meaningful life by helping them recognize and develop their intellectual, aesthetic, physical, social, and emotional capabilities. To fulfill our mission and foster our institutional growth, we collect, use and share information from and about potential students and their families, students and their families, alumni and their families, potential employees, friends, and visitors, including individuals who visit or use our websites, portals, applications, and other resources.

Fay is committed to protecting the confidentiality, integrity, and security of your personal information. We take this responsibility seriously. This Privacy Policy is intended to help you understand how we collect and safeguard your information. By accepting the terms of this Privacy Policy, you hereby consent to our collection, use, and sharing of your information in the following ways.

I.     What Does This Privacy Policy Cover?

This Privacy Policy covers our treatment of (1) personally identifiable information, as defined by numerous statutes in the United States(such statutes, the “PII Laws”), (2) information protected by the California Consumer Privacy Act (the “CCPA”) and the California Online Privacy Protection Act (“CalOPPA”), (3) personal information and private information, as defined by the New York Stop Hacks and Improve Electronic Data Security Act (the “SHIELD Act”); (4) personal information, as defined by the federal Children’s Online Privacy Protection Act (“COPPA”); (5) personal data, as defined by the European Union General Data Protection Regulation (the “GDPR”), and (6) personal information, as defined by Canada’s Personal Information Protection and Electronics Documents Act (“PIPEDA”, and collectively with the PII Laws, CCPA, CalOPPA, the SHIELD Act, COPPA, and GDPR, the “Privacy Laws”) (collectively, “Personal Information”), which we gather in variety of ways, which are explained more thoroughly below. Please note that the information of employees are governed by different documents. This policy does not apply to the practices of companies and organizations that we do not own or control, or to individuals that we do not employ or manage.

II.     What Information Does Fay Collect?

Fay does not collect Personal Information indiscriminately. We limit the type of Personal Information and the amount of Personal Information to what is necessary to continue our mission of educating our students and providing for the long-term well-being of the School. With that in mind, we collect the following types of information:

A. Information You Provide to Us

We may collect Personal Information from you when you:

Communicate with us:
You can communicate with Fay through our websites or by email, mail, phone, text, chat, or any other paper or electronic form. When you communicate with us, we may collect your name, your contact information (including phone number, email address, work and/or home address), the content of any communication, and the metadata associated with any communication.

Apply for a child to be enrolled as a student
: When you submit an application for a child to enroll at Fay, the application information may include or you may choose to provide (about you and/or your child) name, contact information (including phone number, email address, work and/or home address), date of birth, demographic information (like gender, age, household income, nationality, and race and/or ethnicity), social security number, immigration status and documentation, religious affiliation, schooling and education information, testing results, biographical information, family information, personal interests, sexual orientation, health and/or medical information, disability information, teacher evaluations, recommendations, parental interview notes, child screening, financial information, financial aid information, employment information and/or history, information from interviews, a user name or e-mail address in combination with a password or security question that would permit access to a Fay account you may establish, and any other information you provide to us.

Register for or attend a Fay event
: When you register for a Fay event, we may collect your name, your contact information (including phone number, email address, work and/or home address), work information, a user name or e-mail address in combination with a password or security question that would permit access to a Fay account you may establish, and any other information you provide to us.

Apply for Employment
: When you submit an application for employment, you may choose to provide or we may collect your name, contact information (including phone number, email address, work and/or home address), date of birth, demographic information (like gender, age, household income, nationality, and race and/or ethnicity), immigration status and documentation, schooling and education information, disability information, recommendations, employment information and/or history, information from interviews, a user name or e-mail address in combination with a password or security question that would permit access to a Fay account you may establish, and any other information you provide to us.

Donate money to Fay
: When you donate money to Fay, we may collect your name, contact information (including phone number, email address, work and/or home address), information about the person in whose name you donate, and any other information you provide to us, which may include a credit card number or financial institution information, depending on how you make your donation.

Appear in Fay Recordings: By attending Fay events, your image, voice, and/or likeness may be recorded for later use by the School or as part of School livestreaming broadcasts.
You can choose not to provide us with certain information listed above, although that may affect Fay’s ability to accept a child as a student, to employ you, to communicate with you, to accept your donation, or to invite you to Fay events.

B. Information Provided By and About Students

Fay collects and you may provide Personal Information regarding students when they enroll at the School and study here. The students provide some of this Personal Information themselves. Other individuals, including faculty, staff, parents, guardians, and family, produce some of this Personal Information. The information includes: name; contact information; date of birth; demographic information (like gender, age, nationality, and race and/or ethnicity); immigration status and documentation; social security number; religious affiliation; family information; biographical information; personal interests; pictures, videos, and voice recordings of students, including livestreaming; sexual orientation; disability information; student records information, including, but not limited to, health, academic, testing, athletic, disciplinary, and residential life records and information; information that comes from student-generated materials, including, but not limited to, emails, tests, homework, projects, and in-class assignments; and user name or e-mail address in combination with a password or security question that would permit access to a Fay account. As the parent or guardian of a student, you can instruct the School not to collect or use some or all of the information listed above, but that may affect Fay’s ability to educate the student or the student’s ability to participate in the School’s programs or to learn the skills necessary to advance at the School, which could ultimately result in Fay removing the child from the School. It may also prevent or limit the student from participating in Fay activities. The School retains the right to take other appropriate action if limitations on the collection and use of a student’s Personal Information impair our ability to educate the student to our standards.

C. Information Collected Automatically

When you interact with any Fay website or mobile application, certain information may be passively collected (that is, gathered without your actively providing the information) using various technologies and means, such as Internet Protocol (IP) addresses and cookies. These are described in more detail below:

IP Addresses.
 Fay’s websites use IP addresses. An IP address is a number assigned to your computer by your internet service provider to access the internet. In most consumer cases an IP address is dynamic (changing each time you connect to the internet), and not static (unique to a particular user's computer).

Cookies
 are small text files that are placed on your computer by websites that you visit. They are widely used to make websites work, or work more efficiently, and to provide information to the owners of the site. Most web browsers allow some control of cookies through browser settings. We may collect the following information via cookies: aggregate statistical information, information related to your use of our websites (including your password, the links you click on, your movement around the sites, the pages you visit, the number of times you open a page, and which information is consulted), your IP address, and your browser type. You may be able to change the preferences on your browser or mobile device to send “do not track” signals or to prevent or limit your computer or device’s acceptance of cookies, but this may change the functionality of Fay’s websites. If you click on a link to a third-party website, such third party may also transmit cookies to you. This Privacy Policy does not cover the use of cookies by any third parties.

D. Email Confirmation

When we communicate with you via email, we may receive a confirmation when you open an email from us. This confirmation helps us make emails more interesting and improve efforts to communicate with you about Fay. If you do not want to receive email or other communications from us, please indicate your preference by clicking on the unsubscribe link in any of our emails or by contacting us at:
 
Attn: Data Protection Officer
Fay School
48 Main Street
Southborough, Massachusetts 01772
 
Please note that if you do not want to receive legal notices from us, those legal notices will still govern your use of Fay websites, mobile applications, and other resources, and you are responsible for reviewing such legal notices for changes.

E. Information Purchased from Third Parties

Fay purchases the contact information of families who may be interested in learning more about Fay or attending Fay events.

F. Special Categories of Personal Information

Consistent with Sections II.A and B above, Fay may collect the following Personal Information, which may fall within a special category of Personal Information under the GDPR: race and/or ethnicity information as part of the demographic information you provide us; religious affiliation; sexual orientation; health and/or medical information; and disability information. Except as stated otherwise in the previous sentence or elsewhere in this Privacy Policy, we do not knowingly collect special categories of Personal Information, including (1) Personal Information revealing racial or ethnic origin, political opinion, religious or philosophical beliefs, or trade union membership, and (2) genetic data, biometric data, data concerning health, and data concerning a natural person’s sex life or sexual orientation.

G. Personal Information Fay Has Collected in the Last 12 Months

Fay has collected the following categories of Personal Information in the 12 months immediately preceding the Effective Date of this Privacy Policy, listed at the bottom of this document: names; contact information; the content of communications with third parties (including, when provided, credit card information); the metadata associated with communications; dates of birth; demographic information; religious affiliations; schooling and education information; testing results; biographical information; family information, pictures, video, and voice recordings; social security numbers; personal interests; sexual orientation; health and/or medical information; disability information; teacher evaluations; recommendations; parental interviews; child screenings; financial information; financial aid information; student records information; information from student-generated materials; employment information and/or history; information from interviews; payment details; donation information; information about people in whose name Fay receives donations; user names and e-mail addresses in combination with passwords or security questions that permit access to Fay accounts; IP addresses; information related to the use of Fay’s websites; and confirmation when users have read Fay emails.

III. What Does Fay Do With Personal Information?

Fay collects and uses Personal Information:
  • To communicate with you and respond to your inquiries;
  • To operate, maintain, develop, and grow the School;
  • To operate, develop, maintain, and improve Fay’s websites, tours, facilities, student recruitment, application review, development department, communications, and other departments, systems, and functions;
  • To evaluate potential students for admission, including by contacting relevant parties who are identified as knowing or having a relationship with a student;
  • To educate students and help them grow;
  • To develop Fay’s alumni network;
  • To administer your Fay account and improve your experience interacting with Fay;
  • To evaluate potential employees, including by contacting relevant parties who are identified as knowing or having a relationship with a potential employee;
  • To prepare and manage events, register you for events as relevant, and to notify you of other events that may be of interest to you;
  • To solicit and process donations;
  • To research trends and developments that are relevant to the operation and growth of the School;
  • To investigate and resolve disputes and security issues; and
  • For any other lawful, legitimate business purpose.
We may also share certain Personal Information with third parties (as described in this Section and in Section IV below).

IV. Will Fay Share Any of the Personal Information it Collects?

We share Personal Information with third parties as described below.
 
A. Third Party Businesses We Do Not Control
 
In certain situations, we will share Personal Information with third party businesses that perform services on our behalf. These third party businesses include providers of: communications with potential students and their families, current students and their families; potential employees, alumni and their families, friends, visitors, guests, and other parties interested in Fay; marketing services; data storage and analytics; background checks; admissions assistance; recruiting assistance; financial aid services; donation and payment facilitation; research services; development support; academic services; healthcare services; athletic events; data storage; and technology services (including technology support services, electronic communications providers, web operators and hosts, and developers). Please note that this Privacy Policy does not apply to the practices of any third parties that we do not own or control, or to individuals that we do not employ or manage.

B. Business Transfers

We may choose to buy or sell assets. In these types of transactions, Personal Information is typically one of the business assets that is transferred. Also, if we (or substantially all of our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information would be one of the assets transferred to or acquired by a third party.

C. Legal Obligations, Our Protection, and the Protection of Others

We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Fay, our employees, our students, or others. This includes exchanging information with other individuals, organizations, and companies for fraud protection and credit risk reduction.
 
D. With Your Consent

Except as set forth above, we will obtain your consent before disclosing your Personal Information with third parties, and you will be able to prevent the sharing of this information.

E. Personal Information Fay Has Sold in the Last 12 Months

In the last 12 months immediately preceding the Effective Date of this Privacy Policy, listed at the bottom of this document, Fay has not sold any Personal Information. Fay does not sell or otherwise exchange Personal Information for monetary or other valuable consideration.

F. Personal Information Fay Has Disclosed to Third Parties in the Last 12 Months

In the 12 months immediately preceding the Effective Date of this Privacy Policy, listed at the bottom of this document, Fay has disclosed the following categories of Personal Information to third parties that provide business and operational services to the School: names; contact information; dates of birth; demographic information; religious affiliations; schooling and education information; testing results; biographical information; family information, pictures, video, and voice recordings; social security numbers; personal interests; sexual orientation; health and/or medical information; disability information; teacher evaluations; recommendations; parental interviews; child screenings; financial information; financial aid information; student records information; information from student-generated materials; credit card information; employment information and/or history; information from interviews; payment details; information from potential student applications; information from potential employee applications; donation information; and information about people in whose name Fay receives donations.
 
V.     Fay’s Legal Basis for Collecting and Using Personal Information

Fay collects and uses your Personal Information and the Personal Information of your child pursuant to your informed consent, which you have granted by (a) confirming the prompts produced by Fay websites and/or any portals, applications or other resources, and (b) continuing to use Fay’s websites, portals, applications, and other resources consistent with this Privacy Policy. Please note that without your consent to collect and use your Personal Information or the Personal Information of your child, you may not be able to participate in Fay events, donate money to the School, enroll your child at the School, or communicate with us. Similarly, without your consent to collect and use the Personal Information of a student, that student may not be able to participate in Fay events, participate in learning activities at the School, or remain as a student at Fay. If you have any questions concerning the terms of this Privacy Policy and the conditions of your consent, please contact us at:

Attn: Data Protection Officer
Fay School
48 Main Street
Southborough, Massachusetts 01772
 
To the extent that you provide Fay with the Personal Information of other people, you warrant and represent that each such person who is required under the Privacy Laws to give consent, or the person who is required to give consent, if the Privacy Laws require the consent of another person, has granted his or her consent to you sharing his or her Personal Information with Fay for the use described in this Privacy Policy.

For individuals and Personal Information Subject to the GDPR:
In addition to relying on informed consent, Fay reserves the right to process your Personal Information and the Personal Information of other People that you properly and legally provide to us (1) in order to pursue our legitimate business interests in operating the School, educating our students, and developing the School’s resources and/or (2) in order to perform a contract to which you are a party, such as the enrollment contract between you and Fay. Where the processing is based on a contractual requirement, your failure to provide the relevant Personal Information may result in Fay terminating the contract, Fay requesting that the student leave the School, or another action by the School. Any one or more of these bases are the legal basis for Fay’s collection and use of Personal Information, depending on the relationship between you, Fay, and (as relevant) any people whose Personal Information you properly and legally provide to us.

VI. How Long Will Fay Retain Personal Information?

Except upon the request of an individual, as explained in Section VII below, and except as the law permits and requires, Fay maintains Personal Information as follows:

a. We maintain each student’s health records for at least 7 years after they leave the School.

b. We maintain each student’s academic records for at least 3 years after they leave the School.

c. We maintain copies of immigration documents for at least 3 years.

d. Other than that, we will determine the retention period based on the following criteria:

     1. The nature of our relationship with the relevant person; and
     2. The nature of the Personal Information in question.


VII. What Are Your Rights to Control Your Personal Information?

Except where permitted or required by law (including, but not limited to, compliance with a legal obligation, to further a public interest, and establishing and/or exercising a legal claim or defense), you have the rights described below regarding Fay’s collection and use of your Personal Information and the Personal Information of your child. Please note that in the event that a student requests to enforce any of the rights below and the School determines that such enforcement would interfere with the enrollment contract governing that student’s status at Fay (including interfering with the efficacy of Fay’s program for that student), we will contact the parents or guardians of that student before acting on the student’s request and reserve the right not to act in order to preserve that contract.

A. Requests to Fay

You may request (1) the correction, updating, deletion, or restriction of collection and use of your Personal Information or the Personal Information of your child, (2) the categories of Personal Information Fay has collected, (3) the categories of sources from which Fay has collected your Personal Information or the Personal Information of your child, (4) the business purpose(s) for collecting and disclosing your Personal Information or the Personal Information of your child, (5) an account of how Fay has used or is using your Personal Information or the Personal Information of your child, (6) a copy of your Personal Information or the Personal Information of your child retained by Fay, to be delivered in a structured, commonly used and machine readable format to review or to transfer or transmit to another entity without hindrance, to the extent that that is technically feasible, (7) the categories of third parties with whom Fay shares your Personal Information or the Personal Information of your child, (8) the categories of Personal Information which we have shared with third parties, and the contact information for such affiliates and/or third parties, (9) a list of all third parties that have received your Personal Information or the Personal Information of your child from Fay; and (10) the specific pieces of Personal Information Fay has collected about you or your child. We will respond to all such requests within at least 30 days, subject to lawful extension of that period, and there may be a delay in processing a request while we verify that the request is valid and originates from you as opposed to an unauthorized third party. If you request that your Personal Information or the Personal Information of your child be deleted or that Fay otherwise limit its use of that Personal Information, we reserve the right to review how such a request will affect our ability to educate your child consistent with Fay’s high standards. Such a review may result in a decision that the child should not remain a student at Fay. If we do not have your Personal Information or the Personal Information of your child, have not collected that Personal Information, or have not disclosed or transferred that Personal Information to another party, we will inform you in response to a request regarding your Personal Information or the Personal Information of your child. Any of the above requests may be made by contacting us at:

Attn: Data Protection Officer
Fay School
48 Main Street
Southborough, Massachusetts 01772
When you update information, we may maintain a copy of the unrevised information in our records. Please note that some information may remain in our private records after your deletion of such information from your account. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.

B. Withdrawal of Consent

You may withdraw your consent at any time by contacting us at:

Attn: Data Protection Officer
Fay School
48 Main Street
Southborough, Massachusetts 01772
Please be aware that such withdrawal does not affect the lawfulness of Fay’s use of your Personal Information before such withdrawal. Withdrawal of consent may affect (1) your ability to participate in Fay events, donate money to the School, enroll your child at the School, or communicate with us, and (2) your child’s ability to participate in Fay events, participate in learning activities at the School, or remain as a student at Fay.

C. Object or Challenge

You may object, on grounds relating to your particular situation, at any time to the collection and use of your Personal Information or the Personal Information of your child based on Fay’s legitimate interests or based on public interests, or otherwise challenge our compliance with the Privacy Laws, by contacting us at:

Attn: Data Protection Officer
Fay School
48 Main Street
Southborough, Massachusetts 01772

Fay shall respond within at least 30 days, subject to lawful extension of that period. Where such objection is received from an individual whose Personal Information Fay collects and uses as the processor for a controller (as those terms are defined in the GDPR), Fay shall inform the controller of the objection within at least 30 days, subject to lawful extension of that period.

D. Filing a Complaint

Regulatory authorities that oversee the Privacy Laws advise individuals to file an objection or challenge with the relevant organization before lodging a formal complaint with a regulatory authority. If you are dissatisfied with Fay’s response to an objection or challenge filed under Section VII.C above, or you if wish to file a complaint with a regulatory authority first, you may do so as follows:

Under PIPEDA:
You may file a complaint with the Office of the Privacy Commissioner of Canada.

Under GDPR:
You may file a complaint with a supervisory authority in the relevant European Union member state.

Under PII Laws:
You may file a complaint with the relevant state’s Attorney General’s office.

Under the CCPA:
You may file a complaint with the California Attorney General’s Office, although please note that the CCPA is not effective as of the date of this Privacy Policy and that the rules governing the CCPA and the formal complaint mechanism have yet to be established.

Please note that the links above are subject to change by the relevant regulatory authorities and that you may need to go to another site or contact the relevant authority in another way in order to properly file a complaint.

E. Prohibit Automated Processing

At your request, Fay will terminate any automated decision making, including profiling, that is the sole source of decisions that produce a legal effect concerning you or your child or similarly significantly affect you or your child. Please note that consistent with Section XII, Fay does not employ any such automated decision making or profiling at this time.

F. “Do Not Sell My Personal Information”

Fay does not sell Personal Information, but you may affirmatively prohibit Fay from selling your Personal Information or the Personal Information of your child by notifying Fay's Data Protection Officer.

G. Non-Discrimination

Fay will not discriminate against you because you have exercised any of the rights above or any other rights you retain pursuant to Privacy Laws, including, but not limited to by:
  1. Denying goods or services to you;
  2. Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
  3. Providing a different level or quality of goods or services to you; and
  4. Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
Consistent with Privacy Laws, Fay: (i) retains the right to charge you a different price or rate, or provide a different level or quality of goods or services to you, if that difference is reasonably related to the value provided to Fay by your Personal Information; (ii) may offer financial incentives, including payments to you as compensation, for the collection, disclosure, or deletion of your Personal Information; (iii) may enter you into a financial incentive program only if Fay clearly describes the material terms of the financial incentive program, so long as you give Fay prior opt-in consent, which you may revoke at any time; and (iv) shall not use financial incentive practices that are unjust, unreasonable, coercive, or usurious in nature.

VIII. Is Personal Information About Me Secure?
 
We use appropriate technical, administrative, and physical safeguards to protect against loss, unauthorized access, destruction, misuse, modification, and improper disclosure of the Personal Information we collect, in both physical and electronic format. We endeavor to protect the privacy of the Personal Information that we hold in our records, but we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of information at any time.

At times, your access to Fay resources is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Information by protecting your password and/or other sign-on mechanism appropriately and limiting access to your computer or device and browser.
 
Our websites, portals, applications, and other resources may contain links to other sites. We are not responsible for the privacy policies and/or practices on other sites. When following a link to another site you should read that site’s privacy policy.

IX. Children’s Privacy

Between its Early Learning Center and the School itself, Fay educates children ages 2 through 14. As such, we collect Personal Information from children under the age of 13 while those children are students at Fay. However, we do not knowingly collect or solicit Personal Information from anyone under the age of 13 through our websites, portals, applications, or other resources unless that child is a student at the School and we have received verifiable parental consent. If you are under 13 and not a student at Fay, please do not attempt to send any information about yourself to us, including your name, telephone number, or email address. No one under age 13 who is not a student at Fay may provide any Personal Information to us. In the event that we learn that we have collected Personal Information from a child under age 13 who is not a Fay student without verification of parental consent, we will delete that information as quickly as possible, except as provided below. If you believe that we might have any information from a child under age 13, please contact us at: 

Attn: Data Protection Officer
Fay School
48 Main Street
Southborough, Massachusetts 01772
 
Upon request, we will provide a parent or guardian who has provided proper identification with the following: (1) a description of the specific types of Personal Information collected from the child, (2) the opportunity to refuse or permit Fay’s further collection and use of Personal Information from the child, and (3) a reasonable means for the parent or guardian to obtain any Personal Information collected from the child. If a parent or guardian does not permit Fay’s continued collection and use of Personal Information from a child, Fay will delete the child’s Personal Information and terminate the account of the child, as applicable.
 
X. Contractual or Statutory Requirement

Except as noted in this Privacy Policy, Fay’s collection and use of Personal Information is not a contractual or statutory requirement or a requirement necessary to enter into a contract.

XI. Failure to Provide Personal Information

You can always opt not to disclose information to us, but certain information is needed to enroll a child at Fay, for a child to study with us, for Fay to consider an employment application, for Fay to accept a donation, for you to attend a Fay event, and for other activities and benefits described in this Privacy Policy.

XII. Automated Decision Making

Fay does not rely on automated decision making, including profiling, that will produce legal effects concerning you or similarly significantly affect you. Per Article 4(4) of the GDPR, profiling is defined as “any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.”

XIII. Transfers of Data

When we transfer Personal Information from a country of origin to the United States, we do so in compliance with all laws of the originating country.

XIV. Changes to this Privacy Policy

We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we use Personal Information, we will notify you by posting an announcement on our website or sending you an email. You are bound by any changes to the Privacy Policy when you use Fay’s websites, portals, applications, or any other Fay resources after such changes have been first posted.

XV. Translations
 
This Privacy Policy was originally published in English and has been translated into other languages. The content of the English original shall prevail in case of differences in the content or context of other language versions.

Effective January 23, 2020