EFFECTIVE JULY 1, 2021 (see archived version)


TABLE OF CONTENTS

Data is Exported to Servers in the United States

We transfer the information you submit or that we gather to the United States for the purposes described in our General Privacy Notice

Your Rights Under Local Law May Limit Your Protections

Your country may assert oversight over your data or provide you with less protection than our General Privacy Notice. By signing up for a Boom Learning account, you acknowledge and accept the risk should the laws of the country in which you reside provide you or your students with less protection than this document with regards to your local government. 

Data Protection Addendum for Canada

Our Canadian customers who require a data export agreement may download, complete and return the attached Data Protection Addendum ("DPA") or send their data export terms to our legal team.

European Economic Area Data Controllers Mandatory DPA

CUSTOMERS IN THE EUROPEAN ECONOMIC AREA (EEA) MUST ENTER INTO AN ADDITIONAL STANDARD CONTRACTUAL CLAUSES AGREEMENT (“SSCA”). For our customers subject to the GDPR and related privacy regulations, including Swiss and UK customers, download, sign and return the attached SSCA, which includes the standard contractual clauses for data export to the United States. We automatically extend the SSCA terms to you; however, your supervisory authority may require you to also complete and return the DPA to our legal department.

European Economic Area Data Subject Rights

We value our EEA  customers’ privacy and rights as data subjects. We have appointed Maetzler Rechtsanwalts GMBH & Co Kg (EEA) as our privacy representative. If you want to contact us via our representative or make use of your data subject rights (e.g., request to access or erase personal data), please visit: https://prighter.com/q/18732339 


Your privacy rights include the right to your information, the right to be forgotten, the right to portability, the right to access, the right of correction, the right of deletion and erasure, the right to restrict processing, the right to object to use of your data for particular purposes, and the right to ask that decisions based on your data be made by natural persons rather than automated processing. We are a processor on behalf of an educator or health care provider, please address your concerns to them first as we give them the tools to respond to your requests. If they fail to address your request, please contact us via our representative or directly at legal@boomlearning.com with the subject line - Data Rights Request.

Privacy Shield Participation and Arbitration

We comply with the EU.-U.S. and Swiss - U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce. This framework relates to the collection, use, sharing and retention of personal information transferred from the European Union to the United States. Boom Learning has certified to the US Department of Commerce that it adheres to the Privacy Shield Principles. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/. If there is any conflict between our privacy notices applicable to you and the Privacy Shield Principles, the Privacy Shield Principles shall govern. Our organization is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). We remain responsible for personal information we transfer to others who process it on our behalf. If you have a question, concern or complaint about our compliance or your rights, you can contact us. We will review your request in light of applicable laws. As stated above you may have a right to invoke binding arbitration.


International Privacy Dispute Resolution through JAMS

You have the option of referring any complaint to our independent dispute resolution body: JAMS, an alternative dispute resolution provider with locations in the UK and US and online. Any matter referred to JAMS will be administered by JAMS in accordance with JAMS International Arbitration Rules. Online mediation is also an option. The services of JAMS are provided at no cost to you. 


In compliance with the Privacy Shield principles, Boom Learning commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Boom Learning at legal@boomlearning.com (ATTN: General Counsel)  or via our EEA representative (https://prighter.com/q/18732339). Boom Learning has further committed to refer unresolved Privacy Shield complaints to JAMS (https://www.jamsadr.com/eu-us-privacy-shield). If you do not receive timely acknowledgement of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit https://www.jamsadr.com/file-an-eu-us-privacy-shield-claim to file a complaint or to request more information.