Application Privacy Policy

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

Account means a unique account created for You to access our Service or parts of our Service.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Application refers to Brainspark Games:Play to learn, the software program provided by the Company.

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Brainspark Games Ltd, Unit 24, 10 Acklam Rd, London W10 5QZ.

Country refers to: United Kingdom

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Personal Data is any information that relates to an identified or identifiable individual.

Service refers to the Application.

Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analysing how the Service is used.

Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

Email address

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

To provide and maintain our Service, including to monitor the usage of our Service.

To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.

To manage Your requests: To attend and manage Your requests to Us.

For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganisation, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.

For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

We do not share Your personal information unless:

With Service Providers: We may share Your personal information with Service Providers to monitor and analyse the use of our Service, to contact You.
With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates would include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Delete Your Personal Data

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.

Our Service may give You the ability to delete certain information about You from within the Service.

You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.

Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the Service
Protect the personal safety of Users of the Service or the public
Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Children's Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

If you have any questions about this Privacy Policy, You can contact us:

By visiting this page on our website: https://brainsparkgames.com/app-privacy-policy/

Website Privacy Policy

The Website is offered from the United Kingdom by Brainspark Games Ltd (referred to in this Notice as “Our”, “Us”, “Brainspark Games” and “We”), a company registered in England and Wales.

We are committed to protecting and respecting your privacy. This Privacy Notice (together with any other documents referred to herein) sets out the basis on which the personal data collected from you, or that you provide to Us, will be processed by Us in connection with Our website and general enquiries processes. Please read the following carefully to understand Our views and practices regarding your personal data and how We will treat it.

For the purpose of the General Data Protection Regulation (“GDPR”) the Data Controller is Brainspark Games Ltd, where data is inputted directly by parents; and the Data Processor is Brainspark Games Ltd, where data is uploaded by a school (enterprise client).

Please note: where you apply for a job opening posted by Us, these Privacy Notice provisions will apply to Our processing of your personal information.

Your Personal Information

Information We collect from You

We collect and process some or all of the following types of information from you:

Information that you provide when you create a user account (pupil, parent or teacher), including name, email address. Please note, when you create an account, you confirm that you have the authority and the consent of the relevant data subjects, or their parent or guardian, to do so.
We do not use social media to login to the website or application

Information We collect from You via our App

We collect and process some or all of the following types of information from you:

You are not required to provide personal data to Us.
Information that you provide when you create a user account (pupil, parent or teacher), including name, email address, (telephone number, post address, age, current school and intended school. Please note, when you create an account, you confirm that you have the authority and the consent of the relevant data subjects, or their parent or guardian, to do so.
Information that you provide when you submit an enquiry. This includes information provided through our enquiry form, via email, via phone and/or by any other method. In particular, We process personal details such as name, email address, telephone number, postal address, role, organisation you work for, and business requirements or any other details in the enquiry that you provide to Us.
If you contact Us, We may keep a record of that correspondence.
Details of all actions that you carry out through the use of the Services.
Details of your visits to Brainspark Games’s Website including, but not limited to, traffic data, location data, weblogs and other communication data, the site that referred you to Brainspark Games’s Website and the resources that you access.

Information We Collect From Other Sources

We have the facility to link the data you provide to Us, with other publicly available information about you that you have published on the Internet – this may include sources such as government departments, local authorities, LinkedIn and other social media profiles.

Uses Made Of Your Information

Lawful basis for processing

We rely on legitimate interest as the lawful basis on which We collect and use your personal data. Our legitimate interests are the fulfilment of commercial arrangements with organisations interested in engaging Our business.

Purposes of processing

We use information held about you in the following ways:

On the basis that there is a contract between Us and you. We process your data in order to fulfil this contract.
Pupil, parent and teacher information will be used to create individual logins for each user, allowing them to access our platform. This will enable our team to explore content, assess progress. It will enable parents to review progress and amend pupil and parent account details. It will enable pupils to access content, and to have their performance tracked for analysis by parents.
To communicate with you in response to enquiries
To enhance any information that we receive from you with information obtained from third party data providers.
To help improve the usefulness and effectiveness of our website and marketing channels
To provide you with further information on how to set up an account
Processing payments.

How We Store Your Personal Data

Security

We take appropriate measures to ensure that all personal data is kept secure including security measures to prevent personal data from being accidentally lost, or used, or accessed in an unauthorised way. We limit access to your personal data to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, We cannot guarantee the security of your data transmitted through any online means, therefore any transmission remains at your own risk.

Where We store your personal data

Where We store your personal data in our own systems and on the cloud, within the European Economic Area (“EEA”).

If you would like further information, please contact Us via hello@BrainsparkGames.com. We will not otherwise transfer your personal data outside of the EEA or to any organisation (or subordinate bodies) governed by public international law or which is set up under any agreement between two or more countries.

How long we keep your personal data

We will hold the records for a period of 6 years, in order to satisfy our legal obligations, including those related to the procurement of public contracts.

Your rights

Under the General Data Protection Regulation you have a number of important rights free of charge. In summary, those include rights to:

access to your personal data and to certain other supplementary information that this Privacy Notice is already designed to address
require Us to correct any mistakes in your information which We hold
require the erasure of personal data concerning you in certain situations
receive the personal data concerning you which you have provided to Us, in a structured, commonly used and machine-readable format
object at any time to processing of personal data concerning you for direct marketing
object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
object in certain other situations to our continued processing of your personal data
otherwise restrict our processing of your personal data in certain circumstances
claim compensation for damages caused by our breach of any data protection laws.

Further information

If you have any questions, comments or complaints about this Notice or wish to: (i) exercise any of the rights described above; (ii) make any other type of request in relation to the processing of your Data; or (iii) report a concern or complaint related to the processing of your Data; you should contact: hello@BrainsparkGames.com

We hope that we will be able to address any of your requests. However, you have the right to make a complaint about the processing of your personal data to the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Cookie Statement

‘Cookies’ are small text files that are stored by the web browser on your computer or mobile phone. Websites use these files to store information such as personalisation details or the contents of a shopping basket. Learn more about cookies at www.allaboutcookies.org.uk

What cookies are used on this website?

We use cookies on www.Brainsparkgames.com for statistical purposes to track how many unique users we have and how often they visit our website (see ‘Google Analytics’ below). Data we collect includes which of our pages are most frequently visited, and we use this information to continually improve our website. The data collected and stored is anonymous and does not contain any personal data or identify you.

We may also use targeting/advertising cookies – these cookies are used to deliver ads relevant to you. They also limit the number of times that you see an ad and help us measure the effectiveness of our marketing campaigns.

We also use cookies to keep you logged into Our website.

How do I turn cookies off?

If you wish, you can disable cookies from your browser and delete all cookies currently stored on your computer. However, this may prevent websites that you visit from working correctly.

Google Analytics

Brainspark Games uses Google Analytics, a web analytics service provided by Google Inc. Google Analytics sets the following third party cookies through this website in order to evaluate your use of the site and compile reports for us on activity:

Cookie name Provider Purpose"

__utma. Google Analytics. General tracking code

__utmb. Google Analytics. General tracking code

__utmc. Google Analytics. General tracking code

__utmz. Google Analytics. General tracking code

Google stores the information on servers in the USA. Google may transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.

By using the Brainspark Games website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Information on how to reject or delete the Google Analytics cookie can be found here

Please note other websites to which this website may be linked, may also make use of their own cookies.