Last updated April 23, 2020

INTRODUCTION

This privacy policy applies to all the websites and our mobile applications operated by PlayMada Games LLC (“Company”, “We” or “Us”). Any capitalized terms not defined in this privacy policy have the meaning assigned to them in our Terms of Use (“Terms”).

The privacy of those who use this website(s) or app(s) is extremely important to us. We design our Services for educators and their students. We operate our Services with our users’ protection and privacy in mind. Therefore we make every effort to be transparent in our data collection and use practices.

This document explains the information we collect about users of our Services; how we use this information; with whom we share the information; and other privacy and security practices. We encourage you to provide feedback about our privacy policy at privacy@playmadagames.com.

A note to minors: If you are under the age of 13, please get permission from your parent/legal guardian before using this website(s) or app(s) or sending us any e-mail. You must be 18 or older to order a subscription to any of the Services. We will not sell or market directly to minors, and we always seek authorization from a parent or legal guardian whenever we identify that a minor has attempted to purchase a subscription.

A note to schools and educators: By using the Services and/or establishing user accounts on behalf of students, you agree that you will comply with all applicable school and district policies, and all state and federal laws in relation to or in connection with the use of the Services by students who are under your instruction. We encourage schools to use our privacy notice to inform parents/guardians of our Services and practices. We make every effort to ensure consistency with the Family Educational Rights and Privacy Act (FERPA) policies. We also comply with the Children’s Online Privacy Protection Act (COPPA).

Definitions
For purposes of this policy, we introduce the definitions of how we characterize users’ information:

Personally identifiable information (PII) is information that can identify a user of this website(s), including his or her e-mail, name, and address. Anonymous information is information that does not enable identification of an individual user. De-identified information is information from which personally identifiable components have been removed. Aggregated or de-identified information is information that is no longer reasonably associated with an identified or identifiable natural person.

WHAT TYPE OF INFORMATION DO WE COLLECT AND WHY

Information Collected in the Subscription / Registration Process:
As part of our subscription and/or registration process, we ask you to voluntarily submit the following information: (i) full name, email address, telephone number and physical address; (ii) if you are a school or educator, school name, district, state, address (we use Google geolocation API to facilitate school’s address), telephone number and email address; (iii) user name and password; and (iv) payment information (if applicable)). We will use subscription or registration information provided by users only to provide or update our Services, and we will not sell or license that information to third parties.

We use the contact information to send users Service-related announcements and request feedback about our Services. For instance, we may send emails about routine maintenance or new feature launches. All such communications include an opt-out feature.

We use usernames and passwords to authenticate log-ins; allow access to paid content; and monitor subscription compliance. The username is also used to authenticate users when they request technical support. Passwords are all encrypted when stored.

Information Collected from Students:
Educators who wish to use the Services with their students will receive an access code. Students will be able to create or access their accounts with that code provided by their educator. In order to create a student account, we will ask students to provide their full name, username, password and password recovery information, or if a School authorizes Google login or similar authentication tools for that School’s user accounts, students first name, last name and email address will be collected. We do so in support of the educational purposes for which the Services are designed. For more information, see Compliance Information Relevant for Schools, Educators and Parents below.

Information Collected When Signing Up to A Newsletter or Survey:
Users may choose to sign up for newsletters, promotional offerings, or participation in surveys, all of which require contact information. Such messages may include pixel tags and link tracking. The submitted contact information will not be shared, sold, or used for any other purpose, and you may opt out at any time. An opt-out link will be included at the bottom of such messages. Registration for newsletters, promotional offerings, and survey participation are not intended for minors under the age of 13.

Information Collected From Messages Sent to Us:
We may retain certain information from users when they send us messages by email or contact forms. We only use such information for providing the services or support requested.

Information Collected Automatically:
We automatically receive and record information on our server logs from a user’s browser, including the user’s IP address. We use IP addresses to maintain a user’s session, and we do not store them and they are automatically deleted on a daily basis. We also use the IP address to see whether a user is located outside of the United States. We do not store this information beyond the initial page load, and we do not otherwise combine this information with other PII.

We also use cookies, a standard feature found in browser software, in order to establish and authenticate user sessions, enable access to paid content, and monitor potential account misuse. We do not use cookies to collect personally identifiable information and we do not combine such general information with other PII to identify a user. Disabling our cookies will prevent access to paid content and limit some of the functionalities within our website(s) or app(s). To learn more about browser cookies, including how to manage or delete them, look in the Tools or Help section of your Web browser, or visit allaboutcookies.org.

We do not collect users’ web search history across third-party websites or search engines. However, if a user navigates to our website via a web search, their web browser may automatically provide us with the web search term they used in order to find us. Our website does not honor “do not track” signals transmitted by users’ web browsers, so we encourage you to visit the following link if you would like to opt out of certain tracking: http://www.networkadvertising.org/choices or http://www.aboutads.info/choices/.

Note that if you wish to opt out, you will need to do so separately for each of your devices and for each web browser you use (Internet Explorer®, Firefox®, Safari®).

Third parties: We may use a variety of third-party service providers, such as analytics companies, to understand usage of our services. We may allow those providers to place and read their own cookies, electronic images known as web beacons or single-pixel gifs and similar technologies, to help us measure how users interact with our services. This technical information is collected directly and automatically by these third parties. If you wish to opt out of third-party cookies, you may do so through your browser, as mentioned above in Information collected automatically. Similarly, we may share personal information with third parties, for example, if a School authorizes Google login or similar authentication tools for that School’s user accounts.

Information Collected When Using Our Services Through Mobile Applications:
Your website subscription may also provide access to our Services through our mobile apps. If you choose to download any such app and log into it with your website subscription username and password, we collect limited usage information in connection with user logins in order to monitor subscription compliance. This information is maintained in accordance to this policy. We do not collect personally identifiable information from users of the various mobile applications. If you have purchased your subscription in-app, we do not collect any user information.

Push notifications on mobile apps: We may send mobile application push notifications from time to time in order to update you on news, events, or promotions. You may turn these notifications off at the device level if you no longer wish to receive them. If you choose to receive push notifications, we will need to collect certain information about your device – such as operating system and user identification information – in order to ensure they are delivered properly. We also collect the user time zone, which is set on the device, to ensure that we send notifications at an appropriate time of the day. We do not combine this information with other PII.

Mobile analytics on mobile apps: We use mobile analytics software to allow us to better understand the functionality of our mobile apps’ software on your phone. This software may record information such as how often you use the apps, events that occur within the apps, aggregated usage, performance data, and from where the apps were downloaded. We do not link this information to any PII you submit within the mobile apps.

We do NOT collect or use information as follows:

• Other than in the places and for the purposes explicitly disclosed in this policy, we do not knowingly collect personally identifiable information directly from users under the age of 13. If we learn that we have inadvertently collected any personally identifiable information from a user under 13, we will take steps to promptly delete it. If you believe we have inadvertently collected personally identifiable information from a user under 13, please contact us at privacy@[domain].com.
• We do not collect, use, or share personally identifiable information other than as described in our privacy policy, or with the consent of a parent or legal guardian as authorized by law, or otherwise as directed by an applicable district or school or as required by contract or by law.
• In no event shall we use, share, or sell any student personally identifiable information for advertising or marketing purposes.
• Company will not retain PII for longer than it deems necessary for the purposes for which it was collected.

COMPLIANCE INFORMATION RELEVANT FOR SCHOOLS, EDUCATORS, AND PARENTS

FERPA and “School Official”:
We understand the obligation educational agencies, districts, and school systems have to comply with the Family Educational Rights and Privacy Act (FERPA). We support schools in their compliance efforts and facilitate their alignment with FERPA.

Under the terms of our contracts with schools, we agree to act as a “School Official” as defined by FERPA, meaning that we:

• Perform an institutional service or function for which the school or district would otherwise use its own employees;
• Have been determined to meet the criteria set forth in the school’s or district’s annual notification of FERPA rights for being a School Official with a legitimate educational interest in the education records;
• Are under the direct control of the school or district with regard to the use and maintenance of education records; and
• Use education records only for authorized purposes and will not re-disclose personally identifiable information from education records to other parties (unless we have specific authorization from the school or district to do so and it is otherwise permitted by FERPA).

Schools or districts maintain ownership of their Student Records (as defined in the Family Educational Rights and Privacy Act (FERPA)).

We encourage schools and districts to notify parents if they use our Services. If you are the parent or guardian of a student using our Services with his or her school, you can request the log in information from your child or his or her teacher. You are encouraged to use the student’s log in information and view his or her activities and progress at any time. Parents have the right to request that we delete the student’s personally identifiable information or make changes to records if they are inaccurate or misleading. In the case of an unauthorized disclosure, we will cooperate with the school to promptly notify parents (and students, if relevant, depending on their age). We will notify privacy regulators where that is required under applicable laws.

COPPA:

Parents and legal guardians of children under 13 who use any of our Services have certain rights under the Children’s Online Privacy Protection Act (COPPA), and we recognize those rights. Parents/guardians can consent to collection and use of a child’s personally identifying information without consenting to the disclosure of information to third parties.

A child’s participation in or access to an activity through our Services cannot be conditioned on him or her providing more information than is reasonably necessary for that activity, or any personally identifying information. We do not collect personally identifying information from children under 13, without a parent or guardian’s consent, or that of a school if applicable.

HOW WE PROTECT YOUR INFORMATION

We take reasonable steps, commensurate with the industry practices, to protect the Personally Identifying Information from loss, misuse and unauthorized access, disclosure, alteration and destruction. We have put into place reasonable organizational, technical, physical, , and managerial procedures to safeguard and secure the Personally Identifiable Information from loss, misuse, unauthorized access or disclosure, alteration or destruction. In the event that a User enters sensitive information (such as credit card numbers) on our registration or order forms, as may be applicable, we encrypt that information using encryption techniques common in e-commerce, such as secure socket layer technology (SSL). To learn more about SSL, follow this link. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and while maintaining this information.

No method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot guarantee the security of Personally Identifiable Information on or transmitted via the Internet.

HOW WE SHARE INFORMATION

We will NOT share any personally identifiable information for marketing or advertising purposes.

We may provide personally identifiable information to our partners, business affiliates, and third party service providers who work for us and operate some functionalities – these may include hosting, streaming, sales tax enforcement, accounting and credit card processing services. A current list of these third parties is available upon request through privacy@playmadagames.com. These third parties do not have the independent right to share your personally identifiable information.

We share anonymous or de-identified information about our users when they are using third party web analytical tools, for tracking analytical information. We may use or share anonymous or aggregate and de-identified information for educational research purposes, to evaluate, inform, or show the efficacy of our services.

We reserve the right to disclose personally identifiable information if we are required to do so by law, or if we believe that disclosure is necessary to protect our rights, protect your safety or others’ safety, investigate fraud, and/or comply with a judicial proceeding, court order, subpoena, or legal process. We also reserve the right to transfer your personally identifiable information in case of a corporate restructuring (such as a merger or acquisition), as long as the receiving entity adopts this privacy policy regarding your information.

THIRD PARTIES AND LINKED SITES

While using the Services, you may be linked from or to third parties sites. While we are not responsible for information, content, terms of use of privacy policy at these sites, ,we take careful notice in choosing business partners and affiliates and aim to associate only with reliable partners which are committed to users’ privacy. However, remember that when you use a link to go from the Services to a third party website, this privacy policy is no longer in effect. By your browsing and interacting on any other website, including websites which have a link on the Services, you are subject to that website’s own rules and policies. Please read those rules and policies carefully before proceeding.

LEGAL JURISDICTIONS

The Services are hosted in the United States of America. If you are accessing the Services from other jurisdictions, please be aware that you are transferring your personal information to us in the United States.

Any persons accessing the Services from any jurisdiction with applicable laws or regulations governing the use of the Internet, including personal data collection, use and disclosure, may only use the Services in a manner lawful in their jurisdiction. If your use of the Services would be unlawful in your jurisdiction, you must not use the Services.

CHANGES TO THIS PRIVACY POLICY

Changes to this policy may be required in order to address changing technology and threats, and as we release new or amended services. We expect that most such changes will be minor, but there may be cases where significant adjustments are necessary. In those cases, we will first provide prominent notice to the users who are affected.

Posting the modified privacy policy on this website(s) or app(s) and providing notice as stated above will give effect to the revised terms. Your continued use of this website(s) or app(s) constitutes your acceptance of any revised terms. If you do not agree to the revised policy, please refrain from using this website(s) or app(s) and/or leave this website(s) or app(s).

If we make material changes pertaining to the ways we collect and use personal information from children under the age of 13, we will notify the school, parent, or legal guardian, as applicable, by email, in order to obtain verifiable consent for the new use of the child’s personal information.

CONTACT US ABOUT PRIVACY

If you have any questions or concerns about this privacy policy, or anything related to the Services, please contact us at info@playmadagames.com or to PlayMada Games Attn: Nadav Kadar  71 W 23^rd Street, 17^th Floor, New York, NY 10010.