Privacy Policy

Date of last revision: March 6, 2023

The Platform (as defined in Section 11) is made available by Kidimedia BV, a Belgian limited liability company with registered seat at Leuvensesteenweg 142, 3070 Kortenberg and registered with the Crossroads Bank for Enterprises under company number 0831.289.505 (hereinafter "Kidimedia"*, *"We"*, *"Us"* or *"Our"*) to the user of the Platform, (hereinafter *"You"* or *"Your").

We value Your right to privacy and make every effort to protect Your Personal Data in accordance with applicable data protection law, including the General Data Protection Regulation (EU) 2016/679 ("GDPR") and national implementing legislation. In this Privacy Policy, We explain what Personal Data We collect from You, for what purposes We will process this Personal Data, on what legal basis We base this processing, to whom Your Personal Data may be transferred, how long We keep Your data, how We protect Your Personal Data and what rights You have in relation to the processing of Your Personal Data.

Please read this Privacy Policy (the "Privacy Policy") carefully as it provides You important information on the following:

  • What Personal Data is collected from You and for which purposes;
  • The measures implemented by Us to safeguard the access to and the security of Your Personal Data (as defined below);
  • Your rights to access, rectify and erase Your Personal Data and object to the processing of Your Personal Data.

In order to use Our Platform, You must first acknowledge and agree to Our Privacy Policy. If You do not agree with any of the provisions of this Privacy Policy, please do not use Our Platform. If You do not understand any of the provisions of this Privacy Policy, please contact Us before using the Platform (support@bookwidgets.com).

All concepts not explicitly defined in this Privacy Policy have the same meaning as in the GDPR.

1. Introduction

Kidimedia recognizes and understands the importance of Your privacy and wants to respect Your desire to store and access Personal Data in a private and secure environment. This Privacy Policy applies to Our Platform and describes how We manage, store and utilize Your Personal Data. If You are a minor, We encourage You to inform Your parents or legal guardian that You want to make use of the Platform and to invite them to read this Privacy Policy before You use the Platform. Depending on Your age and the national laws, You might only be allowed to use Our Platform pursuant to an explicit instruction of Your Teacher and/or School to use a Widget (as defined below) or with the explicit consent of Your parents or legal guardian.

Kidimedia is committed to protecting the privacy of Your Personal Data and providing a secure, user-controlled environment for the use of the Platform in accordance with the GDPR.

Your Teacher may use the Platform to create certain HTML components consisting of interactive teaching materials such as exercises or tests (the "Widgets"). Your Teacher can then allow You to use this Widget by inviting You to complete such a Widget. For any Personal Data related to You that is processed by Us on behalf of Your Teacher or School via Our Platform and for which Your Teacher or School determines the purposes and means, Your Teacher or School is responsible for any compliance with any and all applicable data protection regulations including the GDPR in its capacity as Data Controller or, for any USA based users, such as the Children’s Online Privacy Protection Rule ("COPPA") and/or the Family Educational Right and Privacy Act ("FERPA"). Kidimedia also processes certain Personal Data relating to You for which We determine the purpose and the means of the processing of such Personal Data. However, this is limited to the Personal Data specified in Section 2 of this Privacy Policy. Please note that the provisions of this Privacy Policy will only apply to the processing of Your Personal Data by Kidimedia.

2. Your Personal Data: Which personal data is processed by Kidimedia on the platform in its capacity of data controller?

We may collect several types of Personal Data from You and store it on Our servers located in the European Economic Area such as:

  • Your internet protocol (IP) address;
  • Your e-mail address and Your name, if You register an account on the Platform (whether as student or as teacher) (an "Account");
  • Information in helpdesk support inquiries;
  • Web behaviour information via log files, such as information related to how You use the Platform (i.e., type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and number of clicks) collected through cookies and other automated technology (For more information, please consult Our Cookie Policy on Our website).

Please note that the following Personal Data can be provided on a voluntary basis by You:

  • Full name

3. For which purposes do we process your personal data?

We will process Your Personal Data for the following purposes:

  1. The technical operation, commercialization and exploitation of Our Platform including but not limited to collecting user statistics relating to the Platform, crash reporting, analysis of performance quality;
  2. Providing You access to the functionalities of the Platform;
  3. Enforce Our Terms of Use or Privacy Policy;
  4. Providing You with an optimal, secure and personal user experience of the Platform;
  5. Diagnosing technical problems and managing technical support and processing inquiries concerning the Platform;
  6. To send You emails with information relating to the functionalities or use of the Platform;
  7. Administrative purposes such as invoicing or any other administrative acts with regard to Your use of the Platform.

We base the processing of Personal Data for (1), (2), (3), (4) and (5) on the necessity for the performance of the contract We have concluded with the data subject, in particular Our Terms of Use (art. 6.1. b) GDPR).

We base the processing of Personal Data for (6) and (7) on (i) the data subject’s consent (art. 6.1. a) GDPR) and (ii) the necessity for the purposes of the legitimate interests pursued by Us.

Furthermore, You agree that We are free to access, retain and disclose Your Personal Data when We base the processing of the Personal Data on the necessity for the performance of a task carried out in the public interest (art. 6.1. e) GDPR), for example in the following events:

  • in order to be in compliance with any applicable legislation or regulations;
  • if a law enforcement authority or other government official requests so;
  • the investigation of any suspected or actual fraudulent or illegal activity;

As Your Personal Data will only be processed for the purposes set out under this Section 3 and for no commercial purpose, Kidimedia fully relies on the Teacher’s or School’s authorization for the collection of Your Personal Data and the School will be responsible for the collection of the relevant consents from Your parent or legal guardian.

4. Explicit Consent - Minors

If You are a Teacher or School instructing a minor to use a certain Widget, You warrant that You have received explicit consent of each minor’s parent in accordance with the GDPR or other applicable data protection legislation. Kidimedia will only process the Personal Data for the purposes set out in Section 3.

5. Security

We take appropriate technical and organizational measures against any unauthorized or unlawful processing of Your Personal Data or its accidental loss, destruction or any unauthorized access thereto. These measures are proportional to the nature of Your Personal Data and the potential risks.

We have a breach response plan in place, this plan will guide Our actions in case of a security breach. We will notify You of the Personal Data breach without undue delay via e-mail notification.

6. Do we disclose any information to third parties?

Other than as expressly set out in this Privacy Policy, We do not sell, transfer, or otherwise disclose Your Personal Data or optional anonymous usage statistics to any Third Parties without Your prior consent unless this is necessary for the purposes set out in this Privacy Policy or unless We are required to do so by law. To the extent that Your data is transferred in the context of this Section to countries outside the European Economic Area which do not provide an adequate level of protection for Your data, Kidimedia will ensure that the companies to which Your data is transferred do provide an adequate level of protection. In particular, We have concluded Standard Contractual Clauses (SCC) with them. Kidimedia guarantees to always verify, on a case-by-case basis, whether an adequate level of protection is in place for transfers to third countries.

We may also share Your Personal Data with trusted Third Parties who help Us to provide, understand, commercialize and improve Our Platform in accordance with the purposes set forth in Section 3. We do not authorize these Third Party service providers to use or disclose Your Personal Data except as strictly necessary to perform any services under Our supervision in accordance with this Privacy Policy or to comply with any applicable legislation. Such Third Party service providers will act as Data Processors to process Your Personal Data on behalf of Us for the purposes set forth herein. We engage to only use Data Processor who can provide sufficient guarantees to implement appropriate technical and organisational measures in such a manner that any processing of Your Personal Data will meet the requirements of the GDPR. We seek to provide such Third Party service providers with solely those elements of Your Personal Data that is necessary to provide their specific service. Such Third Party service providers include (but are not limited to):

Product Company Privacy Policy
Google Cloud Google LLC https://cloud.google.com/privacy
Chargebee Chargebee Inc. https://www.chargebee.com/privacy/
Bugsnag SmartBear Software Inc. https://smartbear.com/privacy/
Stripe Stripe Technology Europe, Limited https://stripe.com/privacy
SendOwl Concept Den Ltd. https://www.sendowl.com/privacy
HelpScout Help Scout Inc. https://www.helpscout.com/company/legal/privacy/
PayPal PayPal Holdings, Inc. https://www.paypal.com/uk/webapps/mpp/ua/privacy-full

We also disclose Your Personal Data with Teachers and other administrators active in the School that has concluded an agreement with Us for the strict purposes of providing Our Platform to You.

In the event of a full or partial merger with, or acquisition of all or part of Kidimedia, We may transfer Your Personal Data to a Third Party. In such event, We will impose this Third Party to use Your Personal Data strictly consistent with this Privacy Policy. In any event, such Third Party service providers will be obliged to treat Your Personal Data in accordance with this Privacy Policy. However, We cannot be held liable for any damages, whether direct or indirect, that may result from the misuse of Your Personal Data by such Third Party service providers.

7. Your rights

Right of access

If You are concerned or have any questions about Your Personal Data, You have the right to request access to the Personal Data which We hold or process about You.

We will then provide You with all information relating to Your Personal Data that are being processed and on the source of such data. We will also provide You with a copy of Your Personal Data undergoing processing.

Right to rectification and erasure

You have the right to obtain the rectification of any inaccurate Personal Data relating to You or to have any incomplete Personal Data completed free of charge. Furthermore, You will also have the right to obtain the erasure of Your Personal Data without undue delay if one of the following grounds apply:

  • Your Personal Data have been unlawfully processed;
  • Your Personal Data are no longer necessary in relation to the purpose for which they were collected or otherwise processed; or
  • You have withdrawn Your consent on which the processing of Your Personal Data is based.

Please note that if You are a subscriber to Our mailing list, You can make changes at any time to certain Personal Data by clicking the hyperlink included in Your sign-up confirmation email.

Right to object to data processing

You have the right to object to the processing of Your personal data if the processing is carried out on the legal basis of a legitimate interest, including profiling. You also have the right to object to the processing of Your personal data for direct marketing purposes. This right is absolute - We will always comply with it.

Right to data portability

You have the right to receive a copy of Your Personal Data which You have provided to Us in a structured, commonly used and machine-readable format and You have the right to transmit those data to another Data Controller. Where technically feasible, You have the right to have Your Personal Data transmitted directly to another Data Controller.

Withdraw Your consent at any time

If Our processing of Your Personal Data is based on Your consent, You have the right to withdraw consent where they have previously given their consent to the processing of Your personal data.

Right to restriction

You have the right to have the processing of Your Personal Data restricted in certain specific cases.

To exercise any of the abovementioned rights, please contact Us at support@bookwidgets.com and provide Us with any proof of Your identity. We will process any requests as soon as possible and at the latest within one month of the receipt of Your request.

For further information and advice on the above rights, please visit the Application of the Data Protection Authority: www.gegevensbeschermingsautoriteit.be. In addition to the above rights, You also have the right at any time to lodge a complaint with the Data Protection Authority in connection with the processing of Your personal data by Us. You can contact the authority at contact@apd-gba.be or by mail at the following address:

Gegevensbeschermingsautoriteit
Drukpersstraat 35
1000 Brussel

8. Data retention and deletion

We do not process Your Personal Data any longer than is necessary for the purposes set forth in this Privacy Policy. However, We do store Your Personal Data as long as Your Account is active or when the processing of Your Personal Data is necessary to allow You to make use of any of the functionalities of the Platform. Upon removal of Your Account, We will delete Your Personal Data as soon as possible. Furthermore, We will retain Your Personal Data for a longer retention period when this is necessary to cover Our liability or when required or permitted by law. The School will be responsible to remove the Personal Data from their system if You change schools and/or withdraw Your consent, unless otherwise agreed between You and the School.

9. Third Party applications or websites

You acknowledge and agree that certain content or services provided by Third Parties may be made available to You via the Platform. You agree that such linked content or services may have their own privacy policies for which We cannot be held responsible. We do not in any way review or endorse the privacy practices of such Third Parties.

10. Updates or changes to Our Privacy Policy

Occasionally, We may change or update this Privacy Policy to allow Us, for instance, to use or share Your previously collected Personal Data for other purposes. If We would use Your Personal Data in a manner materially different from that stated at the time of the collection, We will provide You with a notice on Our Website indicating that the Privacy Policy has been changed or updated and request You to agree with the updated or changed Privacy Policy.

11. Definitions

For the purpose of this Privacy Policy, the following definitions will apply:

  • "Data Controller" will mean the physical or legal person, which, alone or jointly with others, determines the purposes and means of the processing of Personal Data;
  • "Data Processor" will mean the physical or legal person, public authority, agency or other body which processes Personal Data on behalf of the Data Controller;
  • "Personal Data" will mean any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
  • "Platform" will mean the interactive learning SaaS platform named "Bookwidgets" that allows Schools to create educational exercises for their students and is developed by Kidimedia and available on the Website;
  • "School" will mean the educational institution who has invited You to complete the exercises of the Widgets and the responsible entity for the processing of Your Personal Data;
  • "Teacher" will mean the teacher who has invited You to complete the exercises of the Widgets;
  • "Third Party/ies" will mean any physical or legal person or entity other than Kidimedia, the School or You;
  • "Website" will mean the website available on https://www.bookwidgets.com.