Boom Learning Legal Documents

Non-US Data Subject Privacy Notice

EFFECTIVE May 9, 2024Archived 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.

LEGAL JUSTIFICATION

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. We are data processors, which means we treat your data the way you want us to and only for your specific education purpose. We promise not to use your data for any purpose that is materially different than the education purpose for which you originally provided it to us.  If you only use Fastplay Pins or Preview or our forthcoming Presentation mode, you do not export data to us. Assignments export data. BoomLive results in a transitory, non-persistent, transfer of UserIDs. You are responsible for obtaining the required consent for data collection and export. We process the data you export to us as described in our General Privacy Notice

DATA PROTECTION ADDENDUM (“>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.

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 the use of your data, and 
• the right to ask that decisions based on your data be made by natural persons rather than automated processing. 

RIGHTS SPECIFIC TO EU, UK, AND SWISS DATA SUBJECTS

As a data subject under the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF), you have choices and specific rights

For absence of doubt, you have the rights to:

• Obtain a copy of your personal data
• Know the purposes for which your personal data is being processed
• Know the categories of personal data being processed
• Know the recipients or categories of recipients of your personal data
• Know the period for which your personal data will be stored
• Rectify, erase, or restrict processing

You have choices about data collection. Purchasing organizations and individuals can delete logs, update data, and delete accounts from inside the app using provided controls. Find more information on what data we collect in our Data Elements FAQ

Boom Learning uses subprocessors. We disclose your data to them, but only as much as they need to do their part in serving you. You can find out more about our subprocessors in ourSubprocessor Disclosure FAQ. We disclose the data of students to their teachers. We also disclose teacher or therapist data to the organization that purchased their account. Boom Learning does not market to students. 

INTERNATIONAL DISPUTE RESOLUTION

We process your data to fulfill a contract with an educator or healthcare provider. Please contact them first. If they do not help you, please contact us. We commit to resolving 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 >. 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 complaints to >JAMS, our independent dispute resolution body. If you do not receive timely acknowledgment 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.

DATA PRIVACY FRAMEWORK PARTICIPATION AND ARBITRATION

Omega Labs dba Boom Learning complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. We have certified to the U.S. Department of Commerce that we adhere to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF. We have certified to the U.S. Department of Commerce that we adhere to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/

Our organization is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). We remain responsible for the 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.

YOUR COUNTRY MAY LIMIT YOUR RIGHTS

The laws of the country where you live may give your government 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.