Privacy Policy (Version 3)

08/03/2018 – 29/01/2020

1. General information

Your privacy is extremely important to us. Below is our Privacy Policy, which explains what personal information we collect and how we use that information. The document is provided only in English.

This document covers the use and treatment of the website located at explaineverything.com (the “Site“) and the mobile applications, products, portals, software, data feeds, and services (collectively with the Site, the “Service“) provided by Explain Everything, Inc. (“EE Parent”), EE Discover (“EE Discover”), Inc., Explain Everything Sales, Inc. (“EE Sales” and together with EE Parent and EE Discover, collectively, the “EE American Entities”), and Explain Everything sp. z o.o. ( “EE Poland” and together with the EE American Entities, collectively, “Explain Everything” “We,” “Our” or “Us“), including how Explain Everything treats information (including, personal information) that we collect and receive. The term “Personal Information”, as used in this Privacy Policy, refers to any information that can be used to identify a specific person, or any anonymous information (e.g. IP address) that is linked to a specific person (including name, address, phone number or email address). Personal Information does not include information that has been aggregated or made anonymous such that it can no longer be reasonably associated with a specific person or directly identify you. This policy in no way restricts or limits our collection and use of aggregate information, and we may share aggregate data about our users with third parties for various purposes. This Privacy Policy is part of and incorporated into Explain Everything’s Terms of Use (“Terms of Use”).

Each of the EE American Entities, with its registered office in New York, New York, United States of America, is established under the laws of the State of Delaware, United States of America. You can find their full contact details here. EE Poland, with its registered office in Kamieniec Wroclawski, Poland is established under the laws of the Republic of Poland. You can find its full contact details here: https://explaineverything.com/contact/.

Because EE Parent, EE Discover, EE Sales and EE Poland jointly determine the purposes and means of processing of personal data in connection with the Service, they shall be joint controllers as defined in the European General Data Protection Regulation 2016/679 (“GDPR”). Moreover, the EE American Entities designate EE Poland as their representative in the EU. The representative shall be mandated by the joint controller to be addressed in addition to or instead of the joint controller by, in particular, supervisory authorities and data subjects, on all issues related to processing, for the purposes of ensuring compliance with the GDPR.

Explain Everything may use tools or third party analytical software to automatically collect and use certain non-personal information that does not directly enable Explain Everything to identify you. The types of non-personal data Explain Everything may collect and use include, but are not limited to: (i) device properties, including, but not limited to IP address, Media Access Control (“MAC”) address and unique device identifier or other persistent or non-persistent device identifier (“Device ID”); (ii) device software platform and firmware; (iii) mobile phone carrier; and (iv) other non-personal data as reasonably required by Explain Everything to enhance the Service. Behavioral data related to application usage information may be tracked to determine which features are most popular, how they are being used, and how we can improve the applications and Service. In the process of de-identification of behavioral data that is aggregated for statistical analysis we remove information about user’s login and any device identifiers. 
The third party solutions that Explain Everything use are not authorized to access user’s information or identify user based on scope of contained data they hold.

Explain Everything may use and disclose to Company partners and contractors the collected non-personal information for purposes of analyzing usage of the Service, advertisement serving, managing and providing the Service and to further develop the Service and other Explain Everything services and products. Explain Everything is not collecting any biometric data. All data collected by Explain Everything is subject to this Privacy Policy.

You recognize and agree that the analytics companies utilized by Explain Everything may combine the information collected with other information they have independently collected from other services or products relating to your activities. These companies collect and use information under their own privacy policies.

We are committed to protecting your privacy. You may add, delete or modify your Personal Information at any time. Subject to your permission or as specifically stated in this Privacy Policy, we will not sell, exchange or otherwise share your Personal Information with third parties. By using the Service you agree to the terms set forth in this Privacy Policy. Explain Everything acknowledges that EU individuals have the right to access the personal information/data that we maintain about them in accordance with applicable privacy regulations, such as the GDPR. An EU individual who seeks access, or who seeks to correct, amend, or delete inaccurate data, should direct his query to support@explaineverything. If requested to remove data, we will respond within 7 days and remove your data within 60 days from all of our systems.

Explain Everything complies with the GDPR, the EU-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. Explain Everything has certified that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. If there is any conflict between the policies 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 page, please visit https://www.privacyshield.gov/.

2. Children’s Personal Information

Explain Everything collects limited Personal Information from students (“Children’s Personal Information“), but only where that student’s school, district, and/or teacher has contracted with Explain Everything to collect Children’s Personal Information from students for the use and benefit of the learning environment. Children under 13 years old are not allowed to create an account without a parent or guardian’s permission. We recommend that minors over the age of 13 ask their parents for permission before sending any information about themselves to anyone over the Internet. Personal Information for account creation may include username and email address. Personal Information for billing and administrative contacts may include name, address, phone number, and email address.

We require schools, districts, and/or teachers to obtain parental consent from students’ parents before collecting any such Children’s Personal Information. The collection occurs during the creation of a student’s account, either by student himself or by a Group Administrator. If you are a student, please do not send any Children’s Personal Information about yourself to us, other than what we request from you when you sign up for the Service. In the event that we learn that we have collected Children’s Personal Information from a student without parental consent being obtained by his or her school, district, and/or teacher, or if we learn a student has provided us Children’s Personal Information beyond what we request when he or she signs up for the Service, we will delete that information as quickly as possible. If you believe that a student may have provided us Children’s Personal Information beyond what is requested when signing up for the Service, or that a student’s school, district, or teacher has not obtained parental consent, please contact us.

Parents may request deletion of student data or accounts. Note that following such deletion requests, we may store secure backups until they are deleted in accordance with our document retention policy. We may also preserve information as part of an investigation into violations the law or our terms of use.

Hereinafter, references to “Personal Information” shall apply to personal information of individual Service users who are not student registrants. References to “Children’s Personal Information” shall only apply to personal information of student users of the Service. General references to “information” shall apply to all users.

3. Information Collection and How it is Used

We receive and store any information you knowingly enter on the Service (including through User Submissions (as defined in the Terms of Use), whether via computer, mobile phone, tablet or other wireless device that you provide to us in any other way. This information may include Personal Information such as your name and email address and Children’s Personal Information (which shall be limited to your name and the contact information necessary to receive notifications via the Service from your teacher, school, and/or district). This also may include any other information necessary for us to provide our services during employment recruitment processes. You may choose not to provide us with certain information, but then you may not be able to take advantage of many of our features. This may also limit your ability to take part in our employment recruitment processes. Explain Everything doesn’t verify user’s identity or provided personal information, either on its own or using third party repositories. The Personal Information you provide is used for such purposes as responding to your requests for certain information, products and services, customizing the content you see, and communicating with you about specials and new features. This also is used during all employment recruitment activities. The Children’s Personal Information you provide shall only be used for creating your individual account, and for sending you notifications. You may modify or remove your Personal Information or Children’s Personal Information at any time by logging into your account and accessing features to edit your profile and/or account information. For purchases of software licenses made directly from Explain Explain, Personal Information and payment information may be passed on to Braintree, a division of PayPal, Inc. and the credit card vendor retained for processing credit card transactions.

We collect information that is sent to us automatically by your Web browser. This information typically includes your IP address, the name and version of your operating system, the name and version of your browser, the date and time of your visit and the pages on this Site you visit. Please check your browser if you want to learn what information your browser sends or how to change your settings. This information does not identify you personally. Generally, we use this information to improve this Site and make it more compatible with the technology used by our visitors. However, we may link information sent by your browser to information that identifies you personally. For example, if you are a registered member, we may link your IP address to information that identifies you personally. In addition, if we suspect criminal activity, we may share our server logs with the appropriate investigative authorities who could use that information to trace and identify you.

Similar to many other websites, we use “cookies” to enhance your experience on the Site. Cookies are small data files that are stored on your hard drive by websites. We use cookies as a convenience feature to save you time, to understand how the Site is used, and to improve the content and offerings on the Site. For example, we may use cookies to personalize your experience on the Site or recall your specific information on subsequent visits. If your browser is set not to accept cookies or if you reject a cookie, you may not be able to access certain features or services of the Site.

If you have supplied us with your email address, we may occasionally send you an email to tell you about new features, ask for your feedback, or just keep you up to date with what’s going on with Explain Everything and our products. If you would prefer not to receive marketing or promotional e-mails from us that may relate, for example, to new services or offerings, you may opt-out of receiving these communications by using the opt-out mechanism in an email or by specifying your email communication preferences in your account settings. Following your opt-out, please be aware that we, or our affiliates, may continue to contact you via email for administrative or informational purposes, including, but not limited to, follow-up messages regarding the administration of your account, any services, features or functions you have affirmatively enrolled in or registered to use, any promotions or sweepstakes you have participated in or have entered, or other transactions you have undertaken on the Site.

From time to time, Explain Everything may ask its registered users to participate in surveys. These surveys are purely optional and help us improve the Service and provide aggregate information which we think may interest our registered users and visitors. We may use the information that you voluntarily provide as part of your survey response in the manner outlined in this Privacy Policy. In addition, if you choose to participate in an Explain Everything survey, any information you provide to us, including personal information, will be linked with your account in our system and to any personal information contained therein. We may also use the information you provide in the aggregate to help us generate statistics regarding use of the Service. If you would not like your information to be used in this way, please do not participate in Explain Everything surveys or, if participating, please provide us only with information you consent to our use of in accordance with this Privacy Policy.

4. How We Share Your Personal Information

Explain Everything will not rent or sell your Personal Information or Children’s Personal Information to anyone. However, we share your Personal Information and Children’s Personal Information as described below. Again, please note that references to “Personal Information” only apply to personal information of individuals who are not students.

You may choose to populate your user profile on the Service with Personal Information, including, without limitation, your name, photograph, and school affiliation. If you are a student, your user profile may only include your name. This user profile information will be displayed to other users to facilitate user interaction within the Service or facilitate interaction with the Company. However, please keep in mind that information (whether Personal Information or Children’s Personal Information or not) or content that you voluntarily disclose or otherwise publish (including User Submissions) through the Service becomes publicly available and can be collected and used by others, in accordance with the privacy settings you select in your account preferences. Your display name may be displayed to other users when you upload content, presentations, images or videos or send messages through the Service and other users can contact you through messages and comments. Any images, presentations, captions or other content that you submit to, or create on the Service (including User Submissions) may be redistributed through the Internet and other media channels, and may be viewed by the general public as permitted via the privacy settings.

Personal Information and Children’s Personal Information collected through the Site may be shared with companies and organizations that:

(i) need to know that information to perform services on our behalf (for example, companies that provide data management or other support services to us, such as data storage and Web hosting services as delineated in the Family Educational Right to Privacy Act (FERPA)), and

(ii) that have agreed not to disclose it to others. We will not use or disclose Children’s Personal Information collected through an educational/school service (whether personal information or otherwise) for behavioral targeting or advertisements to students.

Explain Everything does not acquire any user information from a third-party or vendors nor collect information from social or federated login providers.

We may disclose the Personal Information or Children’s Personal Information we collect through the Site when we, in good faith, believe disclosure is appropriate to: (i) comply with applicable law (or a court order or subpoena); (ii) prevent or investigate a possible crime, such as fraud or identity theft; (iii) enforce the Terms of Use or other agreements that govern your use of the Service; (iv) to protect the rights, property or safety of us, our users or others; or (v) to protect your vital interests. We also may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.

Personal Information and Children’s Personal Information submitted to the Site or collected by us is our asset and will become part of our normal business records. Your Personal Information, Children’s Personal Information and other data we collect may be transferred to another company that has acquired our stock or assets, for example, as a result of a sale, merger, reorganization, dissolution or liquidation. You will be notified if such a transfer occurs, the acquiring company’s use of your Personal Information and Children’s Personal Information will still be subject to this Privacy Policy, and the privacy preferences you have expressed to us. However, we will not knowingly retain Children’s Personal Information beyond the time period required to support the authorized educational/school purposes, or as authorized by the parent/student.

The Company uses API integration for several third party services including Dropbox, Box, Evernote, and Google Drive. All user login information is collected and stored only by these third party cloud services. The Service does not store or access any login credentials for any third party services. Please refer to those companies’ privacy policies and terms of service if you have concerns or questions.

Explain Everything’s accountability for personal data that it receives under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Explain Everything remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless Explain Everything proves that it is not responsible for the event giving rise to the damage.

In case you obtain a business licence and you to create material containing any personal data using our Service, then Explain Everything’s accountability for such personal data that it receives under the GDPR shall be as the processor of such personal data and you will remain the controller of such data. We will process such data in accordance with the provisions contained in our Terms of Service. These Terms, together with any applicable Data Processing Agreement, contain all of our representations and obligations as the data processor and – once accepted by you – constitute a Data Processing Agreement, as prescribed by art. 28 of the GDPR. The user rights under the GDPR are:

Access to data

You have the right to access the information that we collect to provide our services. You can do this using this form. We will make sure to provide you with a copy of the data we process about you. In order to comply with your request, we may ask you to give us some additional information that we will use to verify your identity. If you fail to provide such information and the information that you have already given to us is not sufficient to identify you, we may refuse to provide you with information. We will fulfil your request by sending your copy electronically, unless the request expressly specifies a different method. For any subsequent access request, we may charge you with an administrative fee.

Erasure and rectification of data

If you believe that the information we have about you is incorrect, you are welcome to contact us so we can update it and keep your data accurate. We will automatically delete information about you from our systems after it is no longer needed for the purposes it was collected. We will also cause your information to be deleted from any third-party system if we find that such third party is misusing your information. If at any point you wish for us to delete information about you, you can do this by contacting us using this form.

Withdrawal of consent

If processing of your data is based on consent, you have the right to withdraw your consent at any time. If you at any point wish to withdraw your consent, you can do this by contacting us using this form . Remember that withdrawal of consent will not affect the lawfulness of processing based on this consent before its withdrawal.

Profiling

We do not use any information provided by you for the purposes of automated decision-making, including profiling.

Disclosure of your data

We guarantee that all your personal information is protected through our compliance with GDPR standards and any related restrictions protecting access to user data. All data is encrypted while in transit and all traffic is performed only through the SSL (https). We store the data on encrypted servers in AWS data centers fulfilling SOC 1, SOC 2 and SOC 3 standards. Explain Everything regularly verifies safety of user data with scheduled audits and tests. We will not make this information available to third parties in cases different than those specified below, unless you give us a permission to do so or unless such disclosure is necessary to comply with a legal obligation that is imposed on us.

We may disclose your data to entities located in countries outside of the European Economic Area, provided that such entities meet appropriate data protection standards in accordance with the GDPR.

We may share information that you provided us with while purchasing a license for our software with:

• • payment processors, i.e. PayPal and
    Braintree, in order to be able to process and
    complete the payment process for your order;
  • storage, computing and network distribution provides, such as Akamai, Amazon AWS, or MacStadium;
  • providers of services necessary to send
    transaction-related and product-related
    information via email to the extent that such
    disclosure is necessary to automate, simplify
    and analyze these processes(MailChimp, Firebase);
  • external accounting and bookkeeping
    services providers to the extent that such
    disclosure is necessary to have these services
    provided to us;
  • our legal advisors to the extent that such
    disclosure is necessary to obtain legal advice
    or protect our rights in legal proceedings;
  • governments and law enforcement authorities
    only if we are required to do so by law. We
    will always attempt to redirect the law
    enforcement agency or government to request any
    data directly from you. If compelled to
    disclose your data, we will promptly notify you
    and provide a copy of the demand.

Each third party solution provider has a contractual limit within data processing agreement, that regulates responsibilities and forbids re-identification or other use of data outside of scope described in this document. We will notify you with update to this document if context in which your information is process would. We may share personal information obtained in connection with your use of the Service only if required to do so by law or if necessary to protect our rights in legal proceedings.

If Explain Everything ever were to engage in any onward transfers of data with third parties for a purpose other than which it was originally collected or subsequently authorized, Explain Everything would provide an opt-out choice to limit the use and disclosure of personal data.

Security incidents

Explain Everything will notify you at the email address you provided to us in the event of a data breach or exposure of your personal data to unauthorized individuals.

5. Privacy Policy Changes

Explain Everything may, in its sole discretion, modify or revise this Privacy Policy from time to time. We will notify you when major changes are made to this Privacy Policy if we received your consent to receive our newsletter, but you should periodically review the most up-to-date version. Your continued use of the Service following the posting of any changes to this Privacy Policy constitutes acceptance of those changes.

6. Questions and Complaints

Explain Everything is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). If you have any questions about this Privacy Policy please contact us at legal@explaineverything.com.

In compliance with the EU-US Privacy Shield Principles, and the GDPR, Explain Everything commits to resolve complaints about your privacy and our collection or use of your personal information. Individuals with inquiries or complaints regarding this privacy policy should first contact Explain Everything at:

Attn: Legal

119 W 24th St

New York, NY 10011

legal@explaineverything.com

European Union customers should use following contact details for questions or concerns related to the GDPR:

Explain Everything has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.

Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.