Child Online Privacy Protection Act Compliance (“COPPA”)

Children's privacy is very important at Smile and Learn. In compliance with the Children's Online Privacy Protection Act (COPPA), Smile and Learn does not collect any personally identifiable information from children under 13, without a parent, guardian's, or school's consent. Children under the age of 13 are prohibited from using the Services or creating an account unless they are doing so with parental consent or with the consent of an account holder who is providing such consent in compliance with COPPA. If we learn that we have collected personal information from a person under the age of 13 that does not comply with COPPA, we will delete that information in a reasonable amount of time. If you believe that a student under 13 may have provided us Personal Information in violation of the statements above, please contact us at info@smileandlearn.com.

If you are a school, district, or teacher, you represent and guarantee that you are solely responsible for complying with COPPA, meaning that you must obtain consent in advance from all parents or guardians whose children under 13 will be accessing the Smile and Learn application. When obtaining consent, you must provide parents and guardians with this Privacy Policy. You must keep all consents on file and provide them to us if we request them. If you are a teacher, you represent and guarantee that you have permission and authorization from your school and/or district to use the Services as part of your curriculum, and for purposes of COPPA compliance, you represent and warrant that you are entering into these Terms on behalf of your school and/or district. As a Parent, you have the ability to control information about your Child User. To review, update, or delete information collected from your Child User contact us at info@smileandlearn.com.

 

Family Educational Rights and Privacy Act (“FERPA”)

Family Educational Rights and Privacy Act (“FERPA”) is a United States federal law that protects the privacy of children. In compliance with the Family Educational Rights and Privacy Act, Smile and Learn protects potentially identifiable information of children from unauthorized disclosure. Parents reserve the right to access their child’s educational records and to have them amended if need be. Once a student reaches the age 18, FERPA rights transfer from the parents to the student. The FERPA statute is found at 20 U.S.C. § 1232g, and the FERPA regulations are found at 34 CFR Part 99 of the Department of Education’s regulations. Under FERPA, Smile and Learn is classified as a third-party provider and complies in conjunction with rules and regulations imposed by the U.S. Department of Education. For more information visit the Department of Education’s Privacy Technical Assistance Center (PTAC) at www.ptac.ed.gov.

 

Student Online Personal Information Privacy Act (“SOPIPA”)

Student Online Personal Information Privacy Act (“SOPIPA”) is a California state law that restricts the usage of student educational data. In compliance with SOPIPA, Smile and Learn is a classified operator and does not share student data for the purposes of targeted advertising. Smile and Learn does not advertise any promotional material on its platform. If working in conjunction with a school or district, Smile and Learn will delete any student data collected at the request of said educational institution.

 

Terms and Conditions

In agreement with the provisions of the Regulation (EU) 2016/679 of April 27 General Data Protection and other applicable regulations, we inform you that, although access to this web page / app / technology platform, known as SMART LIBRARY, is granted, it does not imply that the user is obligated to provide any personal data, personal information that the user freely provides through the web or platform will be treated as explained below:

 

Responsable

The processing of your personal information is the responsibility of the owner of SMART LIBRARY, the entity SMILE AND LEARN DIGITAL CREATIONS, S.L (hereinafter, SMILE AND LEARN), located in Madrid, on Ronda de Sobradiel Street, number 16-B.

 

Type of data collected

General account user: a physical person, of legal age, who is responsible for minors in terms of their education or training, either their parents, guardians, legal representatives or teachers. In this case, this is you.

This user can create multiple accounts for various users to be utilized by minors, mainly under 14 years of age, as long as they are in charge of their education / academic training.

The app does not ask for the personal information of minors apart from their first name and age. We avoid information that would allow for identification of minors by those outside of their surroundings.

In no case will data be collected that will allow for the access to information about the other members of the family, such as data related to the professional activity of the parents, economic information, sociological data or any other characteristic, without prior consent of those in ownership of said information.

In no case, will this web page/app/technological ask for bank information, only the one responsible for payment selected by the user will be the one who requests or performs the processing of such data.

 

Purpose of Data Processing

The completion of the forms implies the express consent of the user to include their personal data in the aforementioned automated file

• for the correct provision of the requested service, for example, creating sub-accounts and obtaining reports and evaluations of the educational process of the users of the subaccounts.
• for the sending of advertising communications by any electronic means (email, telephone...) from SMILE AND LEARN, its parent company, subsidiaries or companies of the corporate group to which it belongs.
• for the transfer of your data to third parties for statistical and educational purposes prior to privacy protection.

Additionally, the user, who can create several sub-accounts for the education and evaluation of the training process of the minors in his or her care, as a parent, guardian or legal representative of the minor, consequently, gives his express consent for the processing of the information provided on the child, date of birth in any case, or generated by the child for the use of the applications (type of app used, time spent, result obtained ...). This data processing has an educational purpose: to obtain reports and evaluations on the educational progression of the user, who is a minor, based on their behavior, as well as recommendations or suggestions of content / apps based on their own behavior and on the behavior of user groups in their age range.

 

Profiles and Personal Information Privacy Protection

To be able to offer the best service, SMILE AND LEARN performs on the behavior data generated by the user, a dissociation procedure, where  dissociated data is obtained, from which the user can never be identified, and on which studies are carried out in order to improve the educational procedure offered.

In each case we will keep the information for the time necessary to fulfill our purposes and serve the interests of our associates, complying with the rules and with the maximum respect of privacy.

 

Recipients

The personal information will only be used by our company.

We will not give or communicate your data to third parties except for the fulfillment of the legal obligations to which we are obliged due to our business (Public Administrations, financial entities ...).

For analysis and research, we will not use data that allow people to be identified, so they will have previously been subjected to privacy protection procedures.

 

Peoples’ Rights

We inform you that you may revoke the consent given, as well as exercise the rights of access, rectification, deletion and opposition, as well as limitation and portability through written communication addressed to the owner of this website, either to the registered office, or to the address of mail gdpr@smileandlearn.com. The written communication must include the name and surname of the interested party, a photocopy of the DNI or other valid identification document, address for the purpose of notifications, application, data on which he exercises his rights, date and signature of the applicant.

If you consider that the treatment does not comply with the current data protection regulations, you have the right to file a claim with the control authority (Spanish Data Protection Agency) at www.agpd.es. Although it is a commitment of SMILE AND LEARN to guarantee the privacy and protection of information and data and to internally resolve any issue related to them.

 

Authenticity of Information

The User guarantees the authenticity of the data provided and that they are true and that he / she is aware of the obligation to communicate any changes to them. The user shall be solely responsible for any loss or damage, direct or indirect, that could be caused to SMART LIBRARY, SMILE AND LEARN or to third parties due to the completion of the forms with false, inaccurate, incomplete or outdated information.

 

Data Security

SMILE AND LEARN has adopted all the necessary technical and organizational security measures to guarantee the confidentiality, integrity and availability of personal data taking into account the state of the art, the costs of application and the nature, scope, context and purposes of the treatments carried out, as well as the risks in terms of probability and seriousness for the rights and freedoms of natural persons.

July 2023