A. Personal Information We Collect

B. Purpose and Use of Personal Information

We may use the categories of personal information identified in Personal Information We Collect in Section I.A above for the following purposes:

• To prevent duplication of information regarding our Services;
• To conduct business dealings with our partners, customers, service providers, or contractors;
• To provide information about our and our business partners’ products, services, events, etc.;
• To ask for cooperation in surveys and evaluation monitoring of products and services by us and our business partners;
• For the implementation of campaigns and the sending of presents by us and our business partners;
• To provide the products and services you have requested (including responding to your customer support requests);
• For our legitimate interests, namely to:
  • respond to inquiries that we receive from you;
  • display advertising to you or send you marketing information about products and services that we think might be of interest to you;
  • provide reports on your child’s learning progress for their account (in the Smile Zemi service);
  • send you transactional or administrative communications;
  • maintain or administer the Services, perform business analyses, or for other internal purposes to improve the quality of our business, the Services, and other products and services we offer;
  • customize and personalize your use of the Services to better meet your needs and the needs of your children;
  • protect our legal rights, enforce our terms of use (including, but not limited to, the Smile Zemi Terms of Service and Additional Terms referenced therein), detect, investigate, and prevent security incidents and other malicious, deceptive, fraudulent, or illegal activity, or to sell or merge part of our business; and
  • debug to identify and repair errors in our Services;
• To meet our legal obligations, for example, under accounting and tax laws, and to respond to an enforcement or legal process; and
• With your consent to:
  • use cookies as explained in our Cookie Policy;
  • provide you with product news and special offers;
  • as otherwise described to you at the point of collection or pursuant to your consent.

C. Disclosure of Personal Information

We disclose personal information in the following circumstances or as otherwise described in this Privacy Policy to:

• JUSTSYSTEMS AMERICA, INC.’s corporate parent, affiliates, and subsidiaries
  We may disclose the personal information we collect to JUSTSYSTEMS AMERICA, INC.’s corporate parent (JUSTSYSTEMS CORPORATION), subsidiaries, and other affiliated entities for a variety of business purposes, such as facilitating provision of the Services, marketing and advertising on our behalf, communicating with you, providing customer service, improving the Services, personalizing your experience, and completing a purchase.
• Other entities
  We may disclose the information we collect to the following entities for business purposes:
  • Services providers, contractors, and other vendors that perform certain functions or services on our behalf (such as to host services, manage databases, process payment information, perform analyses, send communications to us, perform customer service, ship products and printed materials, and carry out repair and replacement); and
  • Vendors we use in connection with marketing and advertising campaigns.
• Other concerned parties
  When required by law or as necessary to protect the Services, we may disclose the information we collect to third parties in order to protect the legal rights, safety, and security of our corporate parents, affiliates, subsidiaries, business partners, and the users of our Services, enforce our Terms of Use, respond to and resolve claims or complaints, prevent fraud or for risk management purposes, and comply with or respond to law enforcement or legal process or a request for cooperation by a government or other entity, whether or not legally required.
• In connection with a transfer of assets
  If we sell all or part of our business, or make a sale or transfer of assets, or are otherwise involved in a merger or business transfer, or in the unlikely event of bankruptcy, a business reorganization, or similar event, we may transfer the information we collect as part of such transaction.
• Other parties with your consent
  We may disclose your personal information to third parties when you consent to such disclosure. When you choose to access third-party services, such as SNS, through the Services, these third-party services may be able to collect information and notify connections on the third-party services about your use of the Services, in accordance with their own privacy policies.
• Aggregated information
  We may disclose to third parties information that does not constitute personal information, such as de-identified or aggregated data.

D. Retention of Personal Information

We store personal information for as long as necessary to carry out the purposes for which we originally collected it and for other legitimate business purposes, including to meet our legal, regulatory, or other compliance obligations.

A. Children’s Personal Information Handling Practices

We describe in NOTICE AT COLLECTION in Section I above how we handle personal information of individuals using our Services. As part of our processing of personal information on our Services, we take the following steps to minimize the collection and disclosure of personal information from children:

• In the case of the Smile Zemi service, while children may use Smile Zemi features to take photographs and create artwork, this content is stored locally on the Smile Tablet. This information can be backed up to our server as part of the backup data when using the Smile Tablet, but it is not disclosed to or viewed by third parties.
• When conducting surveys for children through our Services, we do not ask for information that identifies children, such as full names or email addresses.
• Nicknames for children may be displayed in some features of the Smile Zemi service, but nicknames cannot be set by children, and are set by the child’s parent or guardian on the dedicated site.
• We do not allow children to make personal information publicly available.
• We will not condition a child’s participation in a game, the offering of a prize, or another activity on the child disclosing more personal information than is reasonably necessary to participate in such activity.
• We do not knowingly collect, use, or disclose a child’s personal information without prior consent of the child’s parent or guardian, except as permitted by law.

B. Parental Choices and Controls

As the parent or guardian of a child, you may be given additional controls to manage your child’s learning activities, such as the ability to set Smile Zemi Tablet usage time limits and the ability to turn certain features on or off. Prior to taking such actions, you may be required to log into your account, verify your identity, or enter a passcode. Please note that you will need to separately access and update the settings for each child under your account in order for certain features to be turned on or off.

You may review the personal information we have collected from your child, have your child’s personal information deleted, and refuse to permit the further use, maintenance, or future collection of your child’s personal information. Please keep in mind that a request to delete records may lead to the termination of the account or our ability to provide the Services.

To exercise these rights, you may CONTACT US in Section VIII below. To protect children’s privacy and security, we will take reasonable steps to help verify the identity of a parent or guardian before granting access to any personal information.

A. Access to Information

We allow you to review and correct certain information you have provided to us. If you wish to access or update your information, you may do so by logging into the dedicated site designated by us.

B. Communications Preferences

Users may choose to receive promotional emails, newsletters, and similar communications from us. You may take steps to stop receiving commercial emails from us by using the opt-out link included in the commercial emails you receive or by changing delivery settings after logging in or email authentication. Please note that opt-out requests may take up to 10 business days to be effective. If a delivery procedure is performed before the opt-out request becomes effective, the email may be sent even after the opt-out request. Your opt-out request will not apply to messages that you request or that are not commercial in nature. For example, we may contact you concerning any purchases you have made with us, even if you opt out of receiving unsolicited commercial email messages.

C. Mobile Push Notifications

With your consent, we may send push notifications to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.

A. Summary of Categories of Personal Information Collected and Disclosed

We have not disclosed any personal information from California residents in the 12 months preceding the Last Updated and/or Effective Date indicated above. For details about the precise data points we collect and the categories of sources of such collection, please see Personal Information We Collect in Section I.A above. The personal information we collect relate to the following categories of personal information under the CPRA: identifiers, personal information described in the California Customer Records Act, commercial information, internet or other electronic network activity, geolocation data, education information, inferences, and sensitive personal information. We collect personal information for the business and commercial purposes described in Purpose and Use of Personal Information in Section I.B above. We may disclose personal information on a going-forward basis as described in Disclosure of Personal Information in Section I.C above.

B. Selling or Sharing of Personal Information

We do not sell your personal information or share your personal information for cross-context behavioral advertising, and have not done so in the prior 12 months. We also do not knowingly sell or share the personal information of children under the age of 16, and have not done so in the prior 12 months.

C. Sensitive Personal Information

Under the CPRA, certain types of personal information are considered “sensitive” personal information and require additional data privacy rights and obligations. We collect credit card information (through our payment processor Stripe), login information, and content of the chat, text messages or drawings between you and your child through the Smile Tablet or dedicated Website, which may be considered sensitive personal information under the CPRA. We only collect this sensitive personal information to perform the services or provide the goods you expected, prevent, detect, and investigate security incidents, resist malicious, deceptive, fraudulent, or illegal actions directed at our business and to prosecute those responsible, ensure the physical safety of natural persons, and verify or maintain the quality or safety of our products, services or devices (“Permitted Purposes”). Because we only collect this sensitive personal information for Permitted Purposes, there is no need for us to provide a Limit Use and Disclosure of Sensitive Personal Information right under the CPRA.

D. Your Rights

The CPRA affords consumers residing in California the following rights with respect to their personal information, subject to certain exceptions:

• (1) Right to Delete. You have the right to request us to delete the personal information we have collected about you.
• (2) Right to Correct. You have the right to request us to correct inaccurate personal information we maintain about you.
• (3) Right to Know and Access. You have the right to know and access the personal information we have collected about you, including the categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing such personal information, the categories of third parties to whom we disclose personal information, and the specific pieces of personal information we have collected about you. You have the right to receive this information in a format, to the extent technically feasible, that is portable, usable, and allows you to transmit the personal information to a person without impediment.
• (4) Rights Related to Sharing for Cross-Context Behavioral Advertising or Sale. We do not share your personal information for cross-context behavioral advertising or sell your personal information. Please CONTACT US in Section VIII below if you have any questions.
• (5) Rights Related to Sensitive Personal Information or Data. The CPRA may provide additional protection for sensitive personal information. Please see Sensitive Personal Information in Section VII.C above for more information.
• (6) Right to No Discrimination. You have the right not to be discriminated against for exercising any of your privacy rights. This includes us not: (a) denying you goods or services; (b) charging you different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; (c) providing you a different level or quality of goods or services; (d) suggesting to you that you will receive a different price or rate for goods or services or a different level or quality of goods or services; and (e) retaliating against you for exercising your privacy rights.

E. Instructions on How to Exercise Your Privacy Rights

You may exercise your privacy rights by calling our toll-free phone number at 1-800-886-0585 or contact us at our website. We will need to verify your identity before honoring your privacy right request. We will verify your identity by asking you to provide personal information related to your recent interactions with us. We will honor your privacy rights request within 45 calendar days of receipt, unless we request an extension under the CPRA.

F. Authorized Agents

You may exercise your privacy rights through an authorized agent. If we receive your request from an authorized agent, we may ask for evidence that you have provided such agent with a power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf. If you are an authorized agent seeking to make a request, please CONTACT US below in Section VIII.

G. Shine the Light Disclosure

California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. If you are a California resident and would like to make such a request, please CONTACT US below in Section VIII.

H. Do Not Track

Some browsers have incorporated “Do Not Track” features. Most of these features, when turned on, send a signal or preference to the websites you visit indicating that you do not wish to be tracked. Because there is not yet a common understanding of how to interpret the do not track signal, we currently do not respond to the browser do not track signals.