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Data Privacy Policy and Terms of Service  

Commitment to Privacy: The Texas Higher Education Coordinating Board (“THECB”) is committed to data privacy. These Terms of Service (“Terms”) are designed to inform you of how THECB collects and processes the information you share when you utilize ADVi (“ADVi”), also known as the “Virtual Advising Project.”  

About ADVi:  ADVi, operated by THECB, is a chatbot that uses artificial intelligence to provide on-demand support to students looking to attend or return to higher education. ADVi uses text messages to reach students with accurate and engaging information about key college access milestones, common questions, and action steps. If ADVi can’t answer a question or a student needs personalized support, the Virtual Advising Project’s trained advisors step in to help.   

Access Conditioned on Accepting Terms: Your access to and use of ADVi is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all persons who access or use ADVi. By accessing or using ADVi’s services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access ADVi services and should submit a support ticket to THECB at [email protected] to cancel any account you have created.  

Updates to Terms: THECB reserves the right to modify and/or correct this agreement at any time; your continued use of ADVi’s services implies agreement with the modified Terms. As additional services are provided, these Terms may change. THECB seeks to notify registered users when Terms change.   

You must be at least 13 to access ADVi: The Children’s Online Privacy Protection Act (“COPPA”) requires that all online service providers obtain parental consent before knowingly collecting personally identifiable information from children under the age of 13. THECB does not knowingly collect or solicit any personally identifiable information from children under the age of 13. Children under the age of 13 are prohibited from using any ADVi services offered through THECB. If THECB learns that our agency or its partner entity has collected information from a person under the age of 13 that does not comply with COPPA, THECB will delete that collected information in a reasonably prudent amount of time from when THECB obtains notice that the information was collected.  

How the THECB Uses Your Data: ADVi collects limited personally identifiable information and non-personally identifiable information in connection with your use of the askADVi.org website and the mobile texting service.  

  • To create an ADVi account and utilize the service, you must provide your first and last name and your cellular phone number. You will be asked whether you wish to consent to receive text messages (including SMS and MMS messages), electronic mail, and other electronic messages (including those made using an automatic messaging system), including your wireless number (standard text and data message rates apply) from THECB and authorized representatives. Your consent and agreement to be contacted is not a condition of purchasing any property, goods, or services. You can revoke your consent at any time by replying “STOP” to an ADVi text message for text updates or submit a support ticket at MyTexasFuture[email protected] for email messages.   

  • If you access ADVi through ApplyTexas, ADVi utilizes personally identifiable information from your application, including your name, date of birth, preferred first name, email address, application ID, application type, application status, FICE code, APP-CCYYS, application creation date, application major(s), field of concentration, last semester enrolled in college, TEAISD, TEA-region, and TEA-code, to help answer questions you may have.   

  • While using our service, we may ask you to provide personally identifiable information so we can assist you with your questions about colleges and universities in the State of Texas. For example, if you email, chat, or text us requesting a callback, you will be asked to provide us with your contact information such as a telephone number.  

  • THECB may collect data about your use of ADVi, including frequency of use, duration of use, and engagement with specific components and functionality of the services. Collecting and analyzing this data is necessary for us to understand how students and educators are using the resources, to improve their efficacy, and to develop training materials for educators implementing the resources.  

  • Information in your ADVi account may be shared with qualified researchers and other personnel engaged by THECB to inform agency reporting, services, and insights, as well as to better understand and support learners.   

Data Privacy: Data you provide ADVi is considered confidential under Texas Education Code § 61.031(d) and may only be released in conformity with the Family Educational Rights and Privacy Act of 1974 (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99).     

Usage Data Collected: Our web servers generate temporary logs that contain the internet address of the computer being used, web pages requested, referring web page, browser used, and access date and time.  

How We Use Cookies: Cookies are small pieces of data stored by the web browser. Cookies are used to remember information about preferences and pages you have visited. We use Session Cookies to operate our service, and we use Security Cookies for security purposes.   

Security of Your Data: Although no computer system is 100 percent secure, data collected through ADVi will be protected and secured in compliance with privacy and confidentiality regulations, to the fullest extent allowed by law. THECB has a sound data security program that protects both data at rest and in transmission.  

Destruction of Data: THECB will maintain your user information as long as the service is active. If you choose to cancel your account, THECB may maintain the information you shared for research purposes and agency operations. Data will be destroyed per agency record retention policies.  

Marketing and Advertising: No data collected will be used for external marketing purposes or sold to any party for any reason.  Users will receive information and updates from THECB.  

Termination of Service: We may terminate or suspend access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.  

Links to Other Websites: ADVi may contain links to third-party websites or services that are not owned or controlled by THECB. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.  

Ownership of Intellectual Property: THECB shall own all intellectual property rights in or relating to ADVi. “Intellectual property rights” means any rights or titles to inventions, discoveries, concepts, methods, processes, data, trade secrets, branding, trademarks, copyrights, computer programs and related documentation, works of authorship fixed in a medium of expression, or mask works, whether or not patentable, copyrightable, eligible for registration as a trademark, or subject to mask work rights or other similar statutory rights, as well as applications for any such rights which are created or produced to deliver ADVi.  

Sovereign Immunity: No part of these Terms, nor your use of ADVi, or any subsequent modification of these Terms shall be construed: (1) as a waiver of the doctrine of sovereign immunity or immunity from suit as provided for in the Texas Constitution and the laws of the State of Texas, (2) to extend liability to THECB beyond such liability provided for in the Texas Constitution and the laws of the State of Texas, or (3) as a waiver of any immunity provided by the 11th Amendment or any other provision of the United States Constitution or any immunity recognized by the courts and the laws of the State of Texas and the United States. The State of Texas and THECB specifically retain such immunity and all defenses available to them under the laws of the State of Texas and the United States or the common law.  

Contact Us: If you have any questions or concerns about the evaluation or use of your data or these Terms, please contact the Texas Higher Education Coordinating Board by submitting a support ticket at [email protected].