Last Updated: December, 2019
- When you make use of smART sketcher Application (“App”), and the services provided thereunder (collectively referred to as the “Services”);
- when you create an Account (as defined below) on the App;
- when you perform an in-app purchase of our paid subscriptions; and
- when you commence direct communications with us (whether through the App or otherwise).
Table of contents:
- Accounts and Profiles
- What Personal Data we Collect, Why we Collect it, and How it is Used
- How we Protect and Store your Personal Data
- How we share your Personal Data
- Additional Information Regarding Access to Personal Data and Transfers of Personal Data
- Your Rights
- Parental Choices and Controls
- How to Contact Us
ACCOUNTS AND PROFILES
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, as further described in the table below. In each Account there is an option to create several different profiles for each Child or User (each, a “Profile”). During the creation of a Child’s (or User’s) Profile, we may ask the Child (or User, as applicable) to provide certain information (which is not considered Personal Data), such as: a handle (user name), 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 Data 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.
WHAT PERSONAL DATA WE COLLECT, WHY WE COLLECT IT, AND HOW IT IS USED
|Dta We Collect||Why is the data collected and for what purposes?||Legal basis||Third Parties with whom we Share your Data||Period of Storage||Consequences of not providing the data|
| ||In order to create an account on the App (and to avoid fraud).||Necessary to provide the Services to Users||We use Amazon Web Services in order to store the Data.||For as long as your Account is active||We won’t be able to provide you with the Services|
| ||To enable Users to select image and transmit through the App for sketching purposes.||Consent||We use Amazon Web Services in order to store the Data.||For as long as your Account is active||You won’t be able to use sketch photos from your device’s gallery.|
| ||To enable us to send you push notifications regarding the Services||Consent||We use Amazon Web Services in order to store the Data.||For as long as your Account is active||We won’t be able to send you important notices regarding the Services.|
| ||When you commence direct communications with us, for example through the ‘Contact Us’ tab.||Necessary to perform the Services or take other steps, at your request.||We use Amazon Web Services in order to store the Data.||For as long as reasonably necessary to respond to your enquiry.||We will not be able to respond to your enquiry.|
| ||In order to subscribe to our Super smART subscription service and provide you with subscription content.||Processing is necessary for the performance of a contract (EULA) to which you are a party to. Legitimate interests of ours.||We use Amazon Web Services in order to store the Data.||For as long as reasonably necessary to provide you with the service; or in case of termination of a paid subscription –up to one (1) year||We will not be able to provide you with our Super smART subscription service|
HOW WE PROTECT AND STORE YOUR PERSONAL DATA
- Retention of your Personal Data. In addition to the retention periods mentioned in Section 2 above, in some circumstances we may store your Personal Data for longer periods of time, for example (i) where we are required to do so in accordance with legal, regulatory, tax or accounting requirements, or (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, or (iii) if we reasonably believe there is a prospect of litigation relating to your Personal Data or dealings.
HOW WE SHARE YOUR PERSONAL DATA
In addition to the recipients described in Section 2, we may share your information as follows:
- Where you have provided your consent to us sharing the Personal Data (e.g., where you opt-in to optional additional services or functionality);
- To the extent necessary, with regulators, to comply with all applicable laws, regulations and rules, and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order;
- If, in the future, we sell or transfer some or all of our business or assets to a third party, we will (to the minimum extent required) disclose information to a potential or actual third party purchaser of our business or assets. 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 Data in connection with the foregoing events; and
- Where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any Personal Data is disclosed.
ADDITIONAL INFORMATION REGARDING ACCESS TO PERSONAL DATA AND TRANSFERS OF PERSONAL DATA
- As part of our Services, and in order for your device to be able to communicate with the Projector and send images, we require Bluetooth connectivity. Accordingly, we ask for your approval to access your device’s Bluetooth. Following Google’s changes focusing on improving app security and performance, and effective August 2018, all Android applications are required to compile against Google’s latest Android version, which includes, among others, that any application that requires Bluetooth (or Wi-Fi) access will also require access to the geographic location of the device on which the App is installed (“Location Data”). Therefore, when connecting the App to the Projector via the Bluetooth connection on your device, you will be required to grant access to your Location Data. For the avoidance of doubt, we (or anyone on our behalf) are not, and will not, collect and/or use your Location Data in any way, nor are we transferring the Location Data to any third party, unless we receive your consent. You should be able to use the settings on your device to turn off location-sharing features.
- We ensure transfers within the Flycatcher group will be covered by an agreement entered into by members of the Flycatcher group (an intra-group agreement) which contractually obliges each member to ensure that Personal Data receives an adequate and consistent level of protection wherever it is transferred to; and
- Where we transfer your Personal Data outside of Flycatcher, for example to third parties who help provide our products and services, we will obtain contractual commitments from them to protect your Personal Data. Some of these assurances are well recognized certification schemes like the EU – US Privacy Shield for the protection of Personal Data transferred from within the EU to the United States.
The following rights (which may be subject to certain exemptions or derogations), shall apply to individuals who are protected by the EU GDPR. Some of the rights may also be available under your applicable law:
- You have a right to access information held about you. Your right of access is normally be exercised free of charge, however we reserve the right to charge an appropriate administrative fee where permitted by applicable law;
- You have the right to request that we amend any Personal Data we hold that it is inaccurate or misleading
- You have the right to request the erasure of the Personal Data that relates to you. Please note that there may be circumstances in which we are required to retain your data, for example for the establishment, exercise or defense of legal claims;
- The right to object to or to request restriction of the processing. However, there may be circumstances in which we are legally entitled to refuse your request;
- The right to data portability. This means that you may have the right to receive your Personal Data in a structured, commonly used and machine-readable format, and that you have the right to transmit that data to another controller;
- You have the right to object to profiling;
- You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time. We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority
- The right to withdraw your consent. Please note that there may be circumstances in which we are entitled to continue processing your data, in particular if the processing is required to meet our legal and regulatory obligations.
- You also have a right to request details of the basis on which your Personal Data is transferred outside the European Economic Area, but you acknowledge that data transfer agreements may need to be partially redacted for reasons of commercial confidentiality.
You can learn more about or exercise your rights by contacting us at firstname.lastname@example.org. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly or inform you if we require further information in order to fulfil your request. When processing your request, we may ask you for additional information to confirm your identity and for security purposes, before disclosing the Personal Data requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.
In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than initial requested, we will address your request to the maximum extent possible, all in accordance with applicable law.
PARENTAL CHOICES AND CONTROLS
IMPRORTANT – Our Services do not intend to collect Personal Data for Children. If you believe your Child is participating in an activity that collects Personal Data 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: email@example.com. At any time, you can request the deletion of any Personal Data of Children in association with a particular Profile (to the extent such Personal Data was provided), and we will delete from our records the Personal Data 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.
HOW TO CONTACT US
If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to first contact us at: firstname.lastname@example.org.