Square Panda Privacy Policy

Updated and Effective September 30, 2019

 

Square Panda Inc. ("Square Panda") owns and operates the Square Panda mobile games and applications including programs and applications utilized by parents and education professionals (the "Teaching Services") and applications that students can use to aid the development of literacy skills (the "Student Services"); the Teaching Services and Student Services, collectively, the ("Services") that support early literacy skills in the classroom. This Privacy Policy explains how we collect, share, and use personal information about you that we collect through the Services, and how you can exercise your privacy rights. 

This Privacy Policy is incorporated into and is part of our Terms of Service. By using our Services, you agree to our Privacy Policy and Terms of Service. 

If you have any questions or concerns about our use of your personal information, please contact us using the contact details provided at the bottom of this Privacy Policy. 

The Teaching Services and the Student Services are available to Education Institutions ("Customers"): Administrators, teachers and other education professionals ("Teachers", "Administrators") to use with their students, whom they are responsible for overseeing in the Services. The Customer must designate a single administrator ("Customer Administrator") to facilitate license distribution among schools and/or classrooms. 

The Teaching Services and the Student Services are available to Home Users: Parents to use with their children, for whom they are responsible for overseeing in their use of the Student Services. 

We may function in the capacity of a "Processor" when we process certain personal data such as names, e-mail addresses, and other contact information on behalf of our Customers to create your Account (the "Account") and provide the Services. We function in the capacity of a "Controller" when we send marketing materials that Administrators, Teachers and Parents may choose to receive in accordance with applicable law, and in relation to Home Users. 

Our EU Representative is Peter Trennum at 935 Benecia Ave, Sunnyvale, CA 94085 or peter@squarepanda.com. 

 

PERSONAL DATA WE COLLECT

We collect personal data through the Services. "Personal Data" means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, online identifier or a combination of otherwise non-identifiable factors that would reveal the identity of that natural person. 

In some cases, we will ask for your permission so that we may process your Personal Data. For example, we will ask for your permission to send you our marketing newsletters. For Home Use, we will also obtain permission from the parent or guardian identified in the Account before creating an account for a child under the age of 13 in the US, and in other countries in accordance with the age specified by applicable law. 

However, in certain circumstances, applicable data protection laws allow us to process your Personal Data without needing to obtain your consent. Those situations might include:

• To perform our contractual obligations to you as a Customer and the Administrators and Teachers you employ, and the Students on whose behalf you have obtained any necessary consents, and to you as a parent or guardian and your children whose use you have authorized, including:
• providing and delivering the Services you request, including creating and facilitating the creation of accounts and fulfilling orders you have made;
• sending you confirmations and administrative messages related to your use of the Services;
• providing reporting and analytics for you;
• responding to your questions and contacting you in relation to any issues.
• To comply with legal obligations, including with laws, regulators, court orders, or as part of a legal process.
• To fulfill a legitimate interest, such as to:
• operate our business and provide the Services to you and to your students or children (other than in performing our contractual obligations to you and your employees), including creating and updating user profiles;
• communicate with you about your use of the Services, including to provide you with important notices regarding changes to our operations and to address and respond to your requests, inquiries, and complaints;
• analyze, and customize your use of the Services based on user progress and preferences;
• send you related information, including technical notices, updates, security alerts, and support and administrative messages;
• provide your Personal Data to our service provides when necessary for the provision of the Services as explained below;
• analyze use of Service to detect fraud and other misbehavior and take actions against fraudulent or misbehaving users;
• assist in the investigation of suspected illegal or wrongful activity, and to protect and defend our rights and property, or the rights or safety of others;
• enforce our Terms of Use, this Privacy Notice, or agreements with third parties;
• comply with applicable law;
• analyze, develop and improve our Service and user experience.

We are legally prohibited from fulfilling such interests when they are overridden by your interests or fundamental rights and freedoms which require protection of Personal Data. More information on the balancing test is available upon request. 

 

INFORMATION YOU PROVIDE

Education Institutions:

If your education institution is subject to the Family Educational Rights and Privacy Act (FERPA), we agree to operate as a "school official" as the term is used in FERPA as described in our Terms of Service. 

When your educational institution agrees to use the Services, the Customer Administrator provides us with their first and last name, e-mail address, username and password, as well as the school/district name and address, including city, region or state, and country. We use that information to create your school or district account. Through that Account, the Customer Administrator is able to provide a link for other Administrators and Teachers to access the Services. 

Teachers and other Administrators provide us with the information necessary to create their Accounts. This includes your first and last name, username and password, e-mail address and school name. We may also request your gender, grade and employee ID. We use this information to create your Account, allow you to access your user profile, allow you to see your students' activity in the Services, and to respond to your requests to receive support, respond to questions, or to receive marketing and other communications from us. 

At your option, you may also provide us with your gender, grade, country and phone number. With your permission, we may also use your phone number to contact you to provide you with information related to resolving an issue with the Services that you report to us. 

Teachers also provide us with the first and last names of the students who will use the Services. They may also choose to provide a nickname, date of birth, gender, IEP, e-mail address for a legal guardian, languages, and a photo. Teachers may provide this information directly, or we may collect it via connection to the Customer’s student information system, as authorized and configured by the Customer.

We use this information to permit students to access the Student Services and to provide the Services under the direction of their Teachers, and to allow Teachers to maintain a record of their students' work in the Services for their educational purposes. 

 

Home Use:

Parents create an Account in the Services by providing a first and last name, country, e-mail address, password, language preference, and in certain regions of the world, phone number, and, optionally, gender, and an age range. 

To connect an Account to the child, we ask parents to provide their child's first name and date of birth. At the parent's option, they may also upload a photo of the child, which is used to personalize their experience, or an avatar may be selected from one we provide. They may also, optionally, provide the child's gender. 

 

In-App Store:

The Parent and Teacher app includes an area where adults may purchase additional products. We will collect the mailing address in order to fulfill the purchase order. Billing information is collected by our third party service provider and used only to process the payment.

Special Note About Children's Data

In compliance with the Children's Online Privacy Protection Act ("COPPA"), we collect only the minimally required information from children under the age of 13. Customers and Parents may optionally provide their child's gender and photo, but we do not collect those directly from the child. In addition to the information that we collect automatically as described below, we also provide open text fields that are intended for children to use when tracing letters and spelling words. We also provide games that permit students and children to record their voice, however these recordings are stored only on the device that runs the application and are deleted when the user ends their game play or exits Square Panda. 

Prior to collecting any personally identifiable information about or from a child, we will provide Customers and Parents with notice explaining what information we may collect and requesting their consent prior to collecting it. 

If you, as a Customer, allow Students under the age of 13 to submit personal information as defined in COPPA to us, you agree that you, as a parent or legal guardian, have the authority to, and will be responsible for, obtaining verifiable parental consent prior to allowing such students to use the Student Services. We will otherwise fully manage our compliance obligations with COPPA. 

Parents may work directly with their school or district to review or modify information in their child's education record that may be stored by us. We will then work with parents and schools together to facilitate these requests, which should be sent to support@squarepanda.com. 

Parents who are Home Users may delete their child's information from the Account at any time by accessing the Edit Child feature in the Parent Portal and selecting the Delete option. Doing so will delete the selected child's data from the Account. Square Panda will be unable to restore that portion of the Account, including play history and data, at a later date. 

 

Information We Collect Automatically

When you, your Students, and your children use our Services, we may collect certain information automatically from your device. This information may be considered personal information under applicable data protection laws. 

Specifically, the information we collect automatically may include your device's IP address, device type, unique device identification numbers, operating system, browser-type, browser version, the pages or features of our Service that you visit and/or use, broad geographic location (e.g., country or city-level location), default language, the time and date of your visit, the time spent on certain pages, other technical information, and other statistics. We may also collect information about how you use the Service and how your device has interacted with our Service, including the Games played and progress through the Games. 

Collecting this information enables us to better understand the users of our Service, where they come from, and what content or features on our Services is of interest to them. We use this information for our internal analytics purposes, to prevent fraudulent behavior in our Service, and to improve the quality and relevance of our Service to our players and visitors. 

 To collect this information, we use one or more of the following technologies: 

 

Cookies: A cookie is a small data file sent from a website or application and stored on your computer or device. Cookies allow us to recognize your browser when you return to our Website, and to remember your login information. Cookies also allow us to authenticate you as a user, serve certain features, better understand how you interact with the Services, and to monitor aggregated usage. You can set your browser to detect some cookies, to stop accepting cookies or to prompt you before accepting a cookie. Some functions may not work correctly if cookies are blocked. To learn more about browser cookies, including how to manage or delete them, look in the Tools, Help or similar section of your web browser, or visitallaboutcookies.org. 

 

Local Storage: We may use, collect, and store information locally on your device using a web storage mechanism known as local storage. We use this technology to keep you logged in to the Services, administer the Services, and to remember your account preferences and status. This information persists until applications are uninstalled or the storage is explicitly cleared. 

 

Session Storage: We may use, collect, and store information locally on your device using a web storage mechanism known as session storage. We use this technology to keep you logged in to the Services, administer the Services, and to remember your account preferences. This information is deleted once the browser tab is closed. 

By using our Services, you agree to our use of these tracking technologies. 

  

WHO DO WE SHARE YOUR PERSONAL INFORMATION WITH?

We may disclose your personal information to the following recipients or categories of recipients: 

 

Our service providers and subcontractors who process your information only on our behalf and according to our instructions. These partners provide data processing services to us, for example, to provide (i) data hosting, (ii) marketing and advertising services, (iii) user support, as well as (iv) analytics for Services; 

 

Any competent law enforcement body, regulatory, government agency, court or other third party where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person; and 

 

A potential or actual buyer (and its agents and advisers) in connection with any proposed or actual purchase, merger or acquisition of any part of our business, provided, however, that your information will remain subject to this Privacy Policy. 

 

 

HOW YOU CAN ACCESS AND MODIFY YOUR INFORMATION

If you wish to access, correct, update, or request deletion of your personal information or, in the case of parents, the personal information of your children, you may do so at any time through the settings in the Services or by e-mailing us at support@squarepanda.com or by calling (877) 80 PANDA (877-807-2632). 

Users in China, Hong Kong, Taiwan and Macao may choose to contact us at support.asia@squarepanda.com to access, correct, update or request deletion of your personal information or, in the case of parents, the personal information of your children. 

If you have signed up to receive e-mail updates about our products, you may opt out of receiving e-mails from us by clicking on the "unsubscribe" link found at the bottom of each e-mail. If you have opted out of receiving e-mails from us, we may still send essential communications, such as legal notices or password change information to you as needed. 

Education Institutions: At any time, you may access, amend, correct or delete information about your students through your Teacher Portal dashboard available in the Services, by e-mailing us at support@squarepanda.comor by calling (877) 80 PANDA (877-807-2632). 

Under California Civil Code § 1798.83, California residents are entitled once a year to request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes during the immediately prior calendar year. We do not share your personal information with any unaffiliated third parties for their own marketing purposes. Nonetheless, you may make one request per year if you are a California resident. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. You may request this information in writing by contacting us. 

 

SECURITY

The security of your Personal Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure. 

Specific measures we use include the use of firewalls, encryption, access keys, and rule/role-based access procedures to ensure that only those of our employees, who on behalf of their work are entitled to process personal information, are entitled to use a system containing personal information. The information is collected into databases that are protected by firewalls, and passwords. 

However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Personal Information we have collected from you. 

 

INTERNATIONAL DATA TRANSFERS

We process and store personal information we may collect in accordance with the region where you are located. For example, if you are located in the United States, we will store your data in North America. If you are located in China, we will store your data in China. 

The information will be treated in accordance with this Privacy Policy and applicable privacy laws in North America, the EEA and other regions in which we operate. These laws may be different from the privacy laws in your country, and we note that an adequacy decision by the European Commission does not exist. However, this does not change our commitments to safeguard your privacy and we will comply with all applicable laws relating to the cross-border data disclosure of your Personal Data. Where required, we implement Standard Contractual Clauses with our third parties (pursuant to Article 46 (2) of the GDPR), and you may request a copy of the Standard Contractual Clauses by e-mailing us at support@squarepanda.com. 

 

SPECIAL NOTE FOR USERS IN EAST ASIA

In China, Hong Kong, and Macao, the Services for parents may also be accessed through the WeChat platform. We do not manage and are not responsible for your creation, use and maintenance of a WeChat account, which is subject to the WeChat Terms and Conditions and Privacy Policy. 

To create an account for our Services via the WeChat portal, parents provide us with a first and last name, country, and phone number or e-mail address. We use the phone number or e-mail address to validate the account and to provide essential communications. When you choose to provide a phone number, account validation and other communications are conducted by sending you SMS messages. In certain circumstances, when required to authenticate you as a user on WeChat, we also ask you to login with your WeChat account so we may obtain a WeChat unionId for you. You may also optionally provide your age range and gender. 

You may purchase additional games via WeChat Wallet. Please note that the payment portal is provided by and operated by WeChat and not Square Panda. Your use of the WeChat Wallet, including processing of any Square Panda purchases that you make are subject to the WeChat Terms and Conditions and Privacy Policy, and we encourage you to read them. 

 

DATA RETENTION

We retain your Personal Information for as long as you retain an active account with us. We will delete your Personal Information within sixty (60) days after expiration of a Customer contract. However, if at any time you would like to request deletion of Personal Information associated with your account, you may send us a written request to support@squarepanda.com and we will delete the requested information within forty-five (45) days.

We may also retain and use aggregated, deidentified information to develop and improve our educational products, to demonstrate the efficacy of our products, including in the marketing of our products, for customized and adaptive learning and for other legally permissible purposes. 

 

LINKS TO OTHER SITES

Our Service may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit. 

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third-party sites or services. 

 

YOUR DATA RIGHTS

At any time, you may access, amend, correct or delete information about your Students through the Teacher Portal or Parent Portal, by e-mailing us at support@squarepanda.com or calling us at (877) 80 PANDA (877-807-2632). 

If you wish to access, correct, update, request deletion, restrict processing of, or object to processing of your personal information, you can do so at any time by contacting us at support@squarepanda.com or by calling (877) 80 PANDA (877-807-2632). The same applies to portability requests. 

If you have declared your consent for any processing of your personal information, you can withdraw this consent at any time. Such a withdrawal will not affect the lawfulness of the processing prior to your withdrawal of consent. 

You have the right to opt out at any time of marketing communications we send you. You can exercise this right by clicking on the "unsubscribe" or "opt-out" link in the marketing e-mails we send you. 

You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. 

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. 

 

UPDATES TO THIS PRIVACY POLICY

We reserve the right to update or change our Privacy Policy at any time. We may update this Privacy Policy from time to time in response to changing legal, technical or business developments. When we do, we will provide prominent notice in the Services, and your continued use of the Service after we post such notice will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy. If we make any material changes to this Privacy Policy, we will notify you either through the e-mail address you have provided us or by other means as required by law and obtain your consent. 

You can see when this Privacy Policy was last updated by checking the date displayed at the top of this Privacy Policy. 

 

HOW TO CONTACT US?

The data controller is Square Panda Inc. 935 Benecia Ave., Sunnyvale, CA 94085, United States of America 

If you have any questions about this Privacy Policy, please contact us at support@squarepanda.com or (877) 80 PANDA (877-807-2632)