smART Sketcher Privacy Policy

Flycatcher Corp Ltd., its subsidiaries and its affiliates (“Flycatcher“, “our” or “we“) respect the privacy of its users (“User” or “you“) of their smART Sketcher application (“App“) and are committed to protect your information. This Privacy Policy explains our information collection, processing, storage, and disclosure of User’s Personal Information and Non-Personal Information (both as defined below), as well as parental consent practices with respect to children under the age of thirteen (13) (each, a “Child” or “Children“), all in accordance with the U.S. Children’s Online Privacy Protection Act (“COPPA“).

The App and the services provided thereunder, are individually and collectively referred to herein as the “Service(s)“. Capitalized terms which are not defined herein, shall have the meaning ascribed to them in the end user license agreement available on the App and at: https://www.smartsketcher.com/en-uk/eula/ (“EULA“), into which this Privacy Policy is incorporated by reference.

Registration

Each User is required to create an account (“Account“). Please note that as Flycatcher offers its Services to its Users by primarily targeting Children, this Privacy Policy will focus on providing information intended for Children use of the Services to parent(s) or legal guardian(s) (“Parent(s)“).

In order for a Child to use the Services that we offer via the App, a Parent will be required to create an account. During the registration process to the App, we may ask the Parent to provide certain information, such as: Parent’s first and last name, Parent’s email address, and password. In every Account there is an option to create several different profiles for each Child (each, a “Profile“). During the creation of a Child’s Profile, we may ask the Child to provide certain information, such as: Child’s nickname, gender, year of birth, and at least one interests from the list provided in the App. We will not require a Child to provide any other information other than reasonably necessary in order to use the Services and we strongly advise Children never to provide any Personal Information in their Profile. Please note that Children can choose whether to share their information with us, but certain features cannot function without it. As a result, Children may not be able to access certain features if required information has not been provided.

In order to complete the registration process, the Parent will be required to solve a challenge (e.g., a mathematical exercise). Once solved, the registration will be complete and a confirmation email will be sent to the Parent’s email address with a link to the App’s Privacy Policy. Parents may also have the opportunity to use a pin code or password in future communications with us as a way to confirm the Parent’s identity.

What Information we Collect, and how we Collect it

Our App offers a variety of activities, including activities that may collect information from Users. Below we summarize potential instances of collection and outline how and when we will provide parental notice and/or seek parental consent (to the extent necessary). In any instance that we collect Personal Information from a User, we will retain that information only so long as reasonably necessary to (i) fulfill the activity request or to allow the Child to continue to participate in the activity, (ii) ensure the security of our Users and our Services, or (iii) as required by law. In the event we discover we have collected Personal Information from a Child in a manner inconsistent with COPPA’s requirements, we will either delete the Personal Information or immediately seek the Parent’s consent for that collection.

We collect two basic types of information: (i) information that identifies (whether directly or indirectly) a particular individual, such as information collected when registering to the App – a Parent’s (or Users who are not Children) name, email address and telephone number (“Personal Information”); and (ii) information that does not directly or indirectly identify, and cannot reasonably be used to identify, an individual User (“Non Personal Information“).

Please note that our App may also have access to your devices image gallery (and camera), for User’s to be able to select an image from their device’s photo gallery and transmit it through the App for sketching. In your first use we will ask for a User’s consent before accessing their photo gallery, and you may, at any time, disable our access thereto by using the App settings screen.

Purposes of Collection of Information on the App

When Users (including Children) interact with us, certain information may automatically be collected, in order to make our App more interesting and useful and for other various purposes related to our business, for example what activities are most commonly used in the App. This information is principally used for internal purposes only, in order to:

  • customize content and improve App.
  • conduct research and analysis to address the performance of our App.

In the event we collect (or allow others to collect) information which is considered Personal Information from Users who are Children for other purposes, we will notify Parents and obtain consent prior to such collection.

Disclosure of Personal Information

We also may share or disclose Personal Information collected from Users in a limited number of instances, including the following:

  • We may share information with our data processors if necessary for them to perform a business, professional, or technology support function for us.
  • We may disclose Personal Information if permitted or required by law, for example, in response to a court order or a subpoena. To the extent permitted by applicable law, we also may disclose Personal Information collected from Children (i) in response to a law enforcement or public agency’s (including schools or Children services) request; (ii) if we believe disclosure may prevent the instigation of a crime, facilitate an investigation related to public safety or protect the safety of a Child using our App; (iii) to protect the security or integrity of our App and other technology, as well as the technology of our Data Processors; or (iv) enable us to take precautions against liability.

Deletion of Information

Where a User has registered for our App, we use several methods to allow Users to access, change, or delete the Personal Information or Non-Personal Information that we have collected:

  1. Through the App settings screen, Users can press the delete account button, and the Account is listed as “Deleted”.
  2. Through the profile edit & delete screen, Users can drag the requested profile to the garbage bin, and the Child’s Profile is listed as “Deleted”.
  3. Sending us a request to delete User’s Account/Profile by sending an email to: support@flycatcherapps.com or clicking the support link from the App settings screen
  4. Once a Profile deleted, there is no additional information of the Child stored/saved by Flycatcher.

In any correspondence, please include the Child’s Profile nickname and the Parent’s email address. To protect Children’s privacy and security, we will take reasonable steps to help verify a Parent’s identity before granting access to any Personal Information.

Parental Choices and Controls

Our Services do not intend to collect Personal Information for Children. If you believe your Child is participating in an activity that collects Personal Information and you or another Parent have NOT received an email providing notice or seeking your consent, or any other communication from us, please feel free to contact us at: support@flycatcherapps.com. At any time, you can request the deletion of any Personal Information of Children in association with a particular Profile (to the extent such Personal Information was provided), and we will delete from our records the Personal Information we have collected in connection with that Profile from all valid claims. Please keep in mind that a request to delete records may also lead to a termination of a Profile, Account, membership, or other Service.

We also note that we will not use Parent emails provided for parental consent purposes to send market materials to the Parent, unless the Parent has expressly opted in to email marketing or has separately participated in an activity that allows for such email contact.

Third Party(ies)

Flycatcher’s may engage third party providers of certain products or services to operate on our behalf, such as analytics services etc. (“Third Party(ies)“). These Third Parties may passively collect and maintain information about Users. Such Third Parties, to the extent engaged by Flycatcher, will be carefully selected by Flycatcher in order to preserve compliance with applicable privacy laws.

Push Notifications

Push notifications are notifications on mobile and other devices that are typically associated with downloaded applications, and which can communicate to the device holder even when the App is not in use. In your first use we will ask for a User’s consent before the Child can receive push notifications from our App that collect a device identifier, and you may, at any time, prevent further notifications by using the App settings screen. Finally, we will not associate the device identifier with other Personal Information without contacting the Parent to get consent.

Data security, Integrity and Retention

The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect User’s information from unauthorized access, disclosure, use and modification. From time to time, we review our security procedures to consider appropriate new technology and methods. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable. We will retain your Personal Information for the length of time needed to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

Data Transfers, Storage and Processing Globally

We operate globally and may transfer your Personal Information to Third Parties in locations around the world for the purposes described in this Privacy Policy. Wherever your Personal Information is transferred, stored or processed by us, we will take reasonable steps to safeguard the privacy of your Personal Information.

Merger, Sale or Bankruptcy.

In the event that we are acquired by or merged with a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer or assign Personal Information in connection with the foregoing events.

Changes to this Privacy Policy

From time to time, we may change this Privacy Policy to accommodate new technologies, industry practices, regulatory requirements or for other purposes. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent.

Notice to California Residents

If you are a California resident, you may have certain additional rights. California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your Personal Information to Third Parties for the Third Parties’ direct marketing purposes. California Business and Professions Code Section 22581 permits registered Users who are minors to request and obtain deletion of certain posted content.

Comments and Questions

If you have a comment or question about this Privacy Policy, please contact us at support@flycatcherapps.com. Our App may contain links to other platforms not owned or controlled by us and we are not responsible for the privacy practices of those platforms. We encourage you to be aware when you leave our App and to read the privacy policies of other platforms that may collect your Personal Information.

Last Modified: April, 2018