EFFECTIVE July 1, 2023 (Archived Version)
DATA IS EXPORTED TO THE United States
We transfer the data you submit to us or that we gather from you to the United States. See our Information Security Plan for where it is stored.
You are a parent, teacher, therapist, school, or medical provider. We are performing a contract for you when we process the data of adults and children. We process the data of children on your behalf. You are the data controller. If you only use Fastplay Pins or Preview, you do not export data to us. Assignments export data. You are responsible for obtaining required consents for data collection and export. We process data you export to us as described in our General Privacy Notice.
DATA PROTECTION ADDENDUM (“DPA”) FOR CANADA
You do not have to send us a DPA. If your province requires a data export agreement, download, complete, and return the attached DPA or send your DPA to our legal team.
EEA DATA SUBJECT RIGHTS
Your privacy rights include:
the right to your information,
the right to be forgotten,
the right to portability,
the right to access,
the right of correction,
the right of deletion and erasure,
the right to restrict processing,
the right to object to use of your data, and
the right to ask that decisions based on your data be made by natural persons rather than automated processing.
INTERNATIONAL DISPUTE RESOLUTION
We process your data to fulfill a contract with an educator or health care provider. Please contact them first. If they do not help you, please contact us. We commit to resolve complaints you have about our collection or use of your data.
REPRESENTATIVE FOR DATA SUBJECTS IN THE EU AND UK
You can start inquiries by contacting Boom Learning at firstname.lastname@example.org. We have also appointed the Prighter Group as our privacy representative. If you want to contact us via our representative, please visit our Prighter Compliance Site. Prighter gives you an easy way to exercise your privacy rights.
JAMS INTERNATIONAL ARBITRATION OPTION
Boom Learning refers unresolved Privacy Shield complaints to JAMS, our independent dispute resolution body. If you do not receive timely acknowledgement of your complaint from us, or if we have not addressed your complaint to your satisfaction, please file a complaint or request more information. JAMS has locations in the UK and US and online. JAMS will apply the JAMS International Arbitration Rules. Online mediation is also an option. The services of JAMS are provided at no cost to you.
PRIVACY SHIELD PARTICIPATION AND ARBITRATION
We have certified to the US Department of Commerce that we adhere to the Privacy Shield Principles. Click to view our certification. We comply with the EU-US and Swiss-US Privacy Shield Framework, which relates to the collection, use, sharing, and retention of personal information transferred from the European Union to the United States.If our privacy notices that apply to you and the Privacy Shield Principles conflict, the Privacy Shield Principles shall govern. Our organization is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). We remain responsible for personal information we transfer to others who process it on our behalf. If you have a question, concern, or complaint about our compliance or your rights, you can contact us. We will review your request considering applicable laws. As stated above, you may have a right to invoke binding arbitration.
SCCA REQUIRED FOR EEA EXPORTERS
IF YOU COLLECT DATA FROM STUDENTS OR PATIENTS, YOU AGREE TO OUR STANDARD CONTRACTUAL CLAUSES AGREEMENT (“SCCA”). We automatically extend the SCCA terms to you. Your supervisory authority may require you to also complete and return the SCCA to our legal department. Customers covered by the GDPR who collect data about students or patients in Boom Learning should download, sign, and return the attached SCCA, which includes the standard contractual clauses for data export to the United States.
YOUR COUNTRY MAY LIMIT YOUR RIGHTS
The laws of the country where you live may give it rights over your data. Some countries give you less protection than our General Privacy Notice. These laws may be supreme over our General Privacy Notice. When you sign up for a Boom Learning account, you are agreeing to this fact.