Effective July 1, 2022
This is a supplement to our General Privacy Notice applicable to those in the identified states who are considered "consumers" under the applicable law. All elements of our General Privacy Notice apply to this supplement, including
- Our Information Security Plan, which details our technical and organization protection measures;
- Our Data Elements disclosure, which details the categories of data collected;
- Our Subprocessor disclosure and our Cookie Notice, which detail the third parties we share information with and the applicable agreements. If you object to our subprocessors, you must cease using our product.
We are a Business Service Provider
Boom Learning is a service provider supporting the business and enterprise operations of schools, therapists, teachers, and tutors.
In all cases, the educator determines the purpose for processing the personal data of students. We provide ample tools to allow you to add or delete students, delete logs, and update your own or your student's information at will. For other items, you can contact our customer service department if you need assistance.
Businesses are governed by applicable legal regimes, including COPPA, FERPA, PPRA, GDPR, and more, and are responsible for ensuring they follow those laws in determining what information to request from a student. If an entity has collected information without consent, please contact the entity who collected the data as we process data on their instructions. Our Terms of Service and Privacy Notices constitute the contracts between us in the absence of separately negotiated agreements.
Parent Users
In some cases, parent educators may choose to use our product with their children. We also act as a service provider to those parent educators. In the case of parent educators, some states may consider our relationship to be that of a business to a consumer. Applicable states include
- California,
- Colorado,
- Connecticut,
- Utah, and
- Virginia
It is your responsibility as a parent to determine whether or not to direct us to process "sensitive personal information," which includes, but may not be limited to, any data that might reveal a student's
- User credentials such as usernames and passwords
- Biometric data and genetics
- Ethnic or racial origins
- Precise geolocations
- Religious or philosophical beliefs
- Information about a consumer’s sexual orientation, sex life, or health
- Contents of a consumer’s text, mail, and email
- Driver’s license numbers
- Social Security Numbers (SSN)
- State ID numbers
- Union membership
- Passport numbers
If you gather this information about your child, you are providing explicit consent to process this sensitive information. By selecting and assigning a Boom Cards deck that collects sensitive information, you are explicitly indicating that you have legal authority and consent to gather that information. You are solely responsible for previewing decks before assigning them.
Any data collected is revealed to all educators associated with a student who have access to the same deck (all if a public deck; selected if a shared private deck). For example, if you use Colleagues to share a student, the results of a deck are available to all teachers and tutors with whom your student is shared.
User Rights
What you should know:
- Using Fastplay to assign decks ensures that no data is stored from the play session.
- We will not discriminate against you for exercising any rights you have under the above laws.
- Our revenue is derived solely from the sales of Boom Cards and from the sales of memberships.
- Our revenue is not derived from the sale of your personal data.
- Our deletion tools operate as follows:
- Student data is deleted outright and will expire from backups within less than 90 days from deletion.
- Adult data that is connected to financial records is de-identified so that we can maintain our business records.
- All other adult personally identifiable data is deleted outright and we cannot reconstruct deleted decks, accounts, and content from a deleted account. We can only restore financial records, and only if the user provides us with the UserID once associated with the record. If you no longer have a record of your UserID, we are unable to restore the record, as we have no way to link a UserID in our system with you once an account is deleted.
- Your information would only be sold as part of an acquisition or merger in which the purchasing entity takes on all of our obligations. In such case, we will provide notice to all users and an opportunity to delete their information before transfer of any rights of access to the data to the successor entity.
- You may export reports using .pdf or by copy paste to excel to retain records.