Last Updated: December 31, 2019

PLAYPOSIT, INC. PRIVACY POLICY

1. SCOPE OF THIS PRIVACY POLICY

2. CALIFORNIA CONSUMER PRIVACY ACT (CCPA)

3. PRIVACY SHIELD

4. RIGHTS OF EUROPEAN DATA SUBJECTS UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)

5. INFORMATION WE COLLECT FROM USERS

6. HOW WE USE THE INFORMATION WE COLLECT

7. HOW WE SHARE PERSONAL INFORMATION

8. HOW TO VIEW AND EDIT YOUR INFORMATION; ACCOUNT DELETION

9. MESSAGE CONTENT

10. SECURITY

11. MODIFICATIONS TO THIS PRIVACY POLICY

12. HOW TO CONTACT US

1. SCOPE OF THIS PRIVACY POLICY

This Privacy Policy covers our collection and use of information when you use our Service and Site. It does not cover third party Web sites or applications to which we provide links from our Service.

2. CALIFORNIA CONSUMER PRIVACY ACT (CCPA)

  1. Your Rights. California residents have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other California and Federal privacy and data protection laws, as applicable, to exercise free of charge:
  1. Disclosure of Personal Information We Collect About You. You have the right to know:
  1. The categories of personal information we have collected about you; This information can be found in (b)(i) below.
  2. The categories of sources from which the personal information is collected; This information can be found in Section 2(b)(i) below.
  3. Our business or commercial purpose for collecting or selling personal information; This information can be found in 2(b)(iii) below.
  4. The categories of third parties with whom we share personal information; This information can be found in 2(b)(iv) below.
  5. Please note that we are not required to:
  1. Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;
  2. Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or
  3. Provide the personal information to you more than twice in a 12-month period.
  1. Disclosure of Personal Information Sold or Used for a Business Purpose. We do not sell your personal information.
  2. Right to Deletion. Subject to certain exceptions set out below, we will:
  1. Delete your personal information from our records; and
  1. Direct any service providers to delete your personal information from their records. Please note that in order to request deletion of your personal information, you must make your request from the email associated with your PlayPosit account.
  2. Please note that we may not delete your personal information if it is necessary to:
  1. Complete the transaction for which the personal information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
  3. Debug to identify and repair errors that impair existing intended functionality;
  4. Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
  5. Comply with the California Electronic Communications Privacy Act;
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
  7. Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
  8. Comply with an existing legal obligation; or
  9. Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
  1. Protection Against Discrimination. You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. PlayPosit does not differentiate how we treat our users whether they exercise their rights under the CCPA. This means we do not, among other things:
  1. Deny goods or services to you;
  2. Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
  3. Provide a different level or quality of goods or services to you; or
  4. Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
  1. Disclosure of Personal Information Collected
  1. Information We Collect About You. We may collect and use the following personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household:

Categories of Personal Information

Specific Types of Personal Information Collected

Identifiers (e.g., a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers

For Instructor Users:

  • First and Last Name, Email Address, IP Address

For Learner Users:

  • First name and Last Name, Email Address, IP Address

Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information

For Instructor Users:

  • First and Last Name, University or District of employment and assignment, title/position (e.g. admin or instructor);  
  • [If you are the account administrator]: Address where to send Invoices, Telephone number; and
  • [If using a paid Pro account]: to the extent applicable, the name and last four digits of the credit/debit card used to pay for the services.

For Learner Users:

  • First name and Last Name, Email Address

Commercial information (e.g., records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies)

For Instructor Users:

  • Prior PlayPosit purchases

For Learner Users:

  • N/A

Internet or other electronic network activity information (e.g., browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement)

For Instructor Users:

  • Click-stream data, IP address, User-generated content

For Learner Users:

  • Click-stream data, IP address, User-generated content

Audio, electronic, visual, thermal, olfactory, or similar information

For Instructor Users:

  • To the extent the feature is used, video and/or audio recording.

For Learner Users:

  • To the extent enabled by the Instructor User: video and/or audio recording.

Professional or employment-related information

For Instructor Users:

  • University or District of employment and assignment, title/position (e.g. admin or instructor).

For Learner Users:

  • N/A

  1. How Your Personal Information is Collected. We collect most of this personal information directly from you in person, by telephone or email and/or via our website and apps. However, we may also collect information:
  1. from publicly accessible sources (e.g., school websites);
  2. from a third party with your consent (e.g., your bank);
  3. from cookies on our website; and
  4. via our IT systems, including: communications systems, email, and instant messaging systems.
  1. Why We Use Your Personal Information. We use your personal information for the following reasons:
  1. Providing access and services of the PlayPosit platform;
  2. Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards;
  3. Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
  4. Debugging to identify and repair errors that impair existing intended functionality;
  5. Short-term, transient use, provided the personal information that is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer’s experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction;
  6. Performing services on behalf of the business or service provider, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider;
  7. Undertaking internal research for technological development and demonstration; and
  8. Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.
  1. Who We Share Your Personal Information With. We routinely share personal information with:
  1. our affiliates;
  2. service providers we use to help deliver our services to you, such as payment service providers, warehouses and delivery companies;
  3. other third parties we use to help us run our business, such as customer relationship managers or website hosts;
  4. third parties approved by you, including social media sites you choose to link your account to or third-party payment providers;
  5. credit reporting agencies;
  6. our insurers and brokers; and
  7. our banks.
  1. How to Exercise Your Rights. If you would like to exercise any of your rights as described in this Privacy Policy, please email us at [email protected]. Please note that you may only make a data access or data portability disclosure request twice within a 12-month period.
  2. Please note, PlayPosit does not sell, lease, or rent your data to any third-party.

3. PRIVACY SHIELD

PlayPosit complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. PlayPosit has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov. With respect to personal data received or transferred pursuant to the Privacy Shield Framework, PlayPosit is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. For purposes of Article 14(2) of the GDPR, PlayPosit relies on the following lawful basis for processing Personal Data: consent, compliance with law and legitimate interest. PlayPosit complies with applicable law, including the Family Educational Rights and Privacy Act (FERPA) and Children's Online Privacy Protection Act (COPPA).

We may also share your personally identifiable information with law enforcement officials, or other third parties, when we are compelled to do so by a subpoena, court order, or similar legal procedure. In addition, we may share personally identifiable information if we believe in good faith that the disclosure of such information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, to investigate violations of our Terms and Conditions or to the extent necessary to meet national security requirements.

PlayPosit shall ensure that a contract is in place between it and any third party entity or agent that participates in an onward transfer of Personal Data. The contracts specify that such Personal Data may only be processed for limited and specified purposes consistent with the consent provided by the individual and that the recipient will provide the same level of protection as stated in the Principles. PlayPosit remains liable for the acts and omission of its third party agents.

In compliance with the Privacy Shield Principles, PlayPosit commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact PlayPosit at:

Benjamin Levy

PO Box 316

Galesville, MD

20765-0316

[email protected]

If an issue cannot be resolved by PlayPosit's internal dispute resolution mechanism, PlayPosit has chosen JAMS to be its independent recourse mechanism for Privacy Shield. PlayPosit agrees to be bound by any decision of JAMS. Individuals may contact JAMS at https://www.jamsadr.com/eu-us-privacy-shield to address complaints. More information about JAMS is available at https://www.jamsadr.com. Further, If PlayPosit does not resolve the complaint, you can submit the matter to binding arbitration to a single arbitrator of the Privacy Shield Panel. The remedies from this arbitration are limited to individual-specific, non-monetary equitable relief (such as access, correction, deletion, or return of the individual's data in question) necessary to remedy the violation of the Principles only with respect to the individual.

4. RIGHTS OF EUROPEAN DATA SUBJECTS UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)

If you are in one of the EU/EEA countries, beginning in May 25, 2018, you will be entitled to certain rights under the General Data Protection Regulation (GDPR).

First, you should know that PlayPosit, our presentation platform and related services (collectively, the “Service”) takes the minimal amount of information we need in order to offer our service. We do not sell or remarket information about our customers or users.

By visiting the the Service or communicating with the Service you consent to the purposes for which we process your Personal Information. You will have a right to withdraw consent to processing. For the Personal Information we collect on the Service, this means you may withdraw your consent to processing by leaving the Service, suspending your account if you have registered, and requesting that we delete your Personal Information by contacting us at [email protected]

You will have the right to access your Personal Information that we hold.

You will have a right to demand modification of inaccurate Personal Information.

You will have the right to erasure of past data about you (your “right to be forgotten”).

You will have the right to demand that we restrict processing of your Personal Information, under certain conditions, if you believe we have exceeded the legitimate basis for processing, processing is no longer necessary, are processing, or believe your Personal Information is inaccurate.

You will have a right to data portability of Personal Information concerning you that you provided us in a structured, commonly used, and machine-readable format, subject to certain conditions.

The Personal Information we collect on the Service is not used for automated decision making and profiling, except for our own customer communication via e-mail or support. And you can opt-out of direct marketing by the Service.

The Service is a US based company with no physical presences in the EU.

This Privacy Policy describes our privacy practices for PlayPosit, our presentation platform and related services (collectively, the “Service”). Our Service allows users to organize and present knowledge. The Service provides Web-based tools to easily create interactive videos which consist of a collection of resources used to present to other users. We provide the Service from our Web site and from mobile applications, mobile sites or other internet points of presence that we may make available from time to time (collectively, our “Site”). By using or accessing our Service and Site, you agree to this Privacy Policy and our Terms of Use. By using the Services, you are consenting to have your personal data transferred to and processed in the United States. If you have questions about our privacy practices, please contact us at [email protected].

5. INFORMATION WE COLLECT FROM USERS

In order to use the Service, users must submit their name and email to the Service. The Service provides users with one place to organize and present their knowledge and content. Students may sign up either by going to the site or by a teacher adding them to a class. We use the names and email address of students only to provide the Service, and do not disclose them to anyone other than a student's own teachers or organization administrators except under the circumstances described in Section 7 below. Information we collect from users includes:

6. HOW WE USE THE INFORMATION WE COLLECT

7. HOW WE SHARE PERSONAL INFORMATION

We do not share any personal information submitted to the Service by users with any third parties, except under the following limited circumstances:

8. HOW TO VIEW AND EDIT YOUR INFORMATION; ACCOUNT DELETION

9. MESSAGE CONTENT

We do not monitor, review or exercise any control over the resources used when using the Service (though we reserve the right to block resources that we reasonably believe may subject us or our users to liability). Accordingly, personal information included in the content of resources used on the Service is not governed by this Privacy Policy. We encourage you to avoid including personally identifiable information about yourself or others in resources that will be shared or made public, and we encourage teachers to talk with their students about not including sensitive personal information in any resources used on the Service.

10. SECURITY

We take precautions to maintain the security and integrity of personal information you submit to the Service, including storage of your profile and personal information on a secure server behind a firewall.

11. MODIFICATIONS TO THIS PRIVACY POLICY

We may modify this Privacy Policy at any time. If you maintain an account for the Service, we will notify you, at the email address you provide to us when you register for an account, of any material modifications to this Privacy Statement.

12. HOW TO CONTACT US

If you have any questions about our privacy practices, please contact us at [email protected].