If you are located in the United States and access our Services through a U.S. school district, the below supplemental terms apply to you.
The Services under these supplemental terms are aimed at school districts and public schools (the “Schools”) and their representatives, who may be teachers (“School Representatives”) in the United States and not at individual consumers or households. When Toon Boom collects or uses information from or about individuals who are authorized by schools to access our services, who may be teachers or students (the "Authorized Users"), it does so at the direction of the School as a "service provider" or "data processor." If you are an Authorized User, please review our Authorized User Terms of Use.
Toon Boom does not collect personally identifiable information from or about children under age 13.
Our collection, use and disclosure of Authorized User information, including that of children age 13 and over, is subject to our agreements with Schools and their related privacy and data security requirements.
If you are a parent and have questions about the collection or use of you or your child's information, or seek to have you or your child's information revised or deleted, please contact your School for more information. Toon Boom provides services to Schools and is not authorized to respond to these questions on behalf of a School.
Toon Boom provides resources to help educators, who may be School Representatives or Authorized Users, meet their goals. This Supplemental Privacy Statement explains how we may use and disclose such information we collect from or about you as a School Representative, as well as your ability to control certain uses of it. By using the Services, you agree to the data collection, use, disclosure and storage practices described in this Supplemental Privacy Statement.
Certain features or services referenced in this Supplemental Privacy Statement may not be offered on the Services at all times. Please also review our Terms of Service, which governs your use of the Services, and which is accessible at https://courseware.toonboom.com/index.php?option=com_axs&view=policy&type=terms
We do not sell or share personal information with third parties, including information of School Representatives, or Authorized Users that we collect as a processor. We only share information with our service providers who support the internal operations of our company or who help us provide our products and services to Schools.
Toon Boom is not currently subject to the California Consumer Privacy Act ("CCPA") because Toon Boom's activities with public schools fall outside the definition of a “business” as that term is defined under the CCPA. Toon Boom is not currently subject to those US state consumer privacy laws that exempt business-to-business activities, including but not limited to the: the Colorado Privacy Act, Connecticut Data Privacy Act, Delaware Personal Data Privacy Act, Florida Digital Bill of Rights, Indiana Data Privacy Law, Iowa Data Protection Act, Kentucky Data Protection Act, Maryland Online Data Privacy Act, Minnesota Consumer Data Privacy Act, Montana Consumer Data Privacy Act, Nebraska Data Privacy Act, New Hampshire Data Privacy Act, New Jersey Data Protection Act, Oregon Consumer Privacy Act, Rhode Island Data Privacy Act, Tennessee Information Protection Act, Texas Data Privacy and Security Act, Utah Consumer Privacy Act and the Virginia Consumer Data Protection Act.
Even though Toon Boom does not meet the thresholds of the above states, Toon Boom does recognize School Representatives’ rights to:
Before using any of our products or services as an Authorized User or School Representative, please read and familiarize yourself with your School’s privacy and other policies and procedures. Toon Boom is a "service provider" or "data processor" and only collects and uses your information at the direction of your School and through our service provider, Tovuti.
If you are a School Representative, Authorized User, or other individual whose employer is a School with a contractual relationship with Toon Boom and you would like to exercise your privacy rights or opt out of Toon Boom's processing of your information (which may include sharing your information with our subprocessors), please contact your employer directly in order to exercise those rights.
We will only use personal information provided in a verifiable consumer opt-out request to verify the requestor’s identity or authority to make the request. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer opt-out request related to your personal information.
You do not need to create an account with us to exercise your opt-out rights. We will only use and retain personal information provided in an opt-out request to review and comply with the request. Please note that if your information was collected on behalf of or by a School, you must submit your request directly to that School.
Student information that Authorized Users or School Representatives share with Toon Boom may be considered “educational records” under the Family Educational Rights and Privacy Act and the US Department of Education's implementing regulations at 34 CFR Part 99 (collectively, "FERPA”). If you have questions about the collection and use of information through the Services, please contact your School, which controls the use of such information. Toon Boom takes student privacy seriously, and only uses information from or about students in accordance with the School's instructions and consents procured by the School. As a service provider and "data processor" on behalf of Schools, Toon Boom may collect personal information about School Representatives and Authorized Users, including students in grades 9-12, such as login credentials, name, or e-mail addresses.
In addition, there are state student privacy acts that apply to the use of student information by service providers like Toon Boom.
California, Colorado, Florida and other student and children’s privacy laws require that Toon Boom does not knowingly engage in the following activities in connection with personally identifiable information from or about children (further defined the respective laws as "covered information") under age 18:
If you access our services through your U.S. school district employer, the use of your information by Toon Boom is subject to our agreement with them.
We collect business contact information from School Representatives including name, address, email address, telephone number, mobile telephone number or geolocation information or any other information they provide while using our Services on behalf of a School, such as login or password. We may also receive information from our Schools in connection with compensation, bonus or other employee incentive plans that may include performance or other information.
We may only be able to change how we share personal information of School Representatives in accordance with our agreement with our Schools or our School’s instructions. The School decides how the information you provide is collected and used, including what is shared with us for our use. Your use of the Services is subject to our privacy statement and terms of use, as well as the contract with our School. If you have questions about the collection and use of your information, please contact the School, who may be your employer.
If Schools make purchases, they may provide certain payment information, such as payment card or other financial account information, and billing address. A third-party payment processor collects and processes that information directly from our Schools in order to process payments on our behalf; we do not collect or retain your payment information.
If a School Representative provides us with the name of their company, we may use the name of the company (but not other information) on a list of current or former Schools for promotional purposes.
If you use a third party service to link to us or communicate with us (such as a social network or third party video chat), we may receive certain information about you from the third party based on your registration and privacy settings on those third party services.
If School Representatives or Authorized Users provide us with personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us. If we combine the information we receive from others with Personal Information we collect through the Services, we will treat the combined information as Personal Information as described in this Supplemental Privacy Statement.
We may obtain information about prospective Schools and School Representatives from other sources, including from websites and social networks that individuals use to connect with our Schools. This information may include purchase or browsing history, anonymous identifier, demographic information, interests, and publicly-observed data, such as from social media and online activity that we may review or analyze for our internal School acquisition or support purposes or in order to provide a service to our Schools.
Information obtained from third parties
If we receive School Data about you from or on behalf of our Schools, we will only use that information for the specific reason for which it was provided to us.
In addition to providing services to our Schools, we may use the information we collect from and about School Representatives on our Services to:
Develop new programs, products or services Protect the security or integrity of the Services and our business; and As described to you at the point of data collection or in our Agreement with our School. Toon Boom may use aggregated, deidentified, or anonymized data derived from School Representative usage for its own research and development purposes and to improve its products and services. Toon Boom does not use data derived from Authorized Users, including student data, to train its AI models or algorithms.
We may share School Representative information as further described below. We may also share certain School Data that we receive from our Schools with our Service Providers or subprocessors, in order to provide our services to our Schools. We may contract with third parties, such as Tovuti, to perform functions related to the Services and services we provide to our Schools.
These third parties will have access to only that School Representative information and School Data needed to perform their business functions, but may not use or share that information for other purposes. These companies are authorized to use your personal information only as necessary to provide these services to us and/or to support the services we provide to our Schools.
We may share the information we collect from and about School Representatives:
(1) with our Service Providers, as necessary to provide and support the Services to Schools and School Representatives;
(2) with our Service Providers, if the disclosure will enable them to perform a business, professional or technical support function for us, including as part of our agreement with our Schools. If we use a service provider that uses artificial intelligence or machine learning (the "AI Tools") to support our Services, the AI Tools and services will not use your identifiable information to train its model or platform;
(3) as necessary if we believe that there has been a violation of this Supplemental Privacy Statement, our Terms of Use, of our rights, or the rights of any third party;
(4) when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
(5) to respond to judicial process or provide information to law enforcement or regulatory agencies or in connection with an investigation on matters related to public safety, national security or law enforcement, as permitted by law, or otherwise as required by law; and
(6) as described to you at the point of collection or in our Agreement with a School.
If we are involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
When Schools access our Services, we may collect information automatically as set forth in Section 2 above.
We and our third party service providers, including advertisers, analytics, and third party content providers, such as Google Analytics, may automatically collect certain information from you as a Services visitor or School Representative whenever you access or interact with the Services. This information may include, among other information:
When service providers receive this information, they are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
We may also use third-party tools or services, such as Google Analytics, to assist us with analyzing and improving the Services. These service providers are not permitted to use the information collected on our behalf except to help use conduct and improve our business.
In addition, we may use a variety of other technologies that collect similar information for security and fraud detection purposes and we may use third parties to perform these services on our behalf.
California do not track disclosures.
We strive to provide you with choices regarding the personal information you provide to us. You may adjust your browser or operating system settings to limit this tracking or to decline cookies, but by doing so, you may not be able to use certain features on the Services or take full advantage of all of our offerings. Check the “Help” menu of your browser or operating system to learn how to adjust your tracking settings or cookie preferences. To learn more about the use of cookies or other technologies to deliver more relevant advertising and your choices about not having this information used by certain Service Providers (defined below), please click here. On your mobile device, you can adjust your privacy and advertising settings to limit your tracking for advertising or control whether you receive more relevant advertising. Note that our systems may not recognize Do Not Track headers or requests from some or all browsers.
We may combine the information we receive from and about you, including information you provide to us and information we automatically collect through our Services, as well as information collected offline or from third party sources to help us tailor our communications to you and to improve our services.
We may sell or purchase assets during the normal course of our business. If another entity acquires us or any of our assets, information we have collected about School Representatives and School Data may be transferred to such entity. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third parties. Should such a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use personal information provided through the Services in a manner that is consistent with tthese Supplemental Privacy Terms.
Pursuant to California Civil Code Section 1798.83, California School Representatives who provide us with personal information in connection with the Services may request, one time per calendar year, information about the personal information we shared, if any, with other businesses for their own direct marketing purposes.
If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please send your request to the following email address: privacy@toonboom.com. You must put the statement "Your California Privacy Rights" in the subject field of your e-mail or include it in your writing if you choose to write to us at the designated mailing address. You must include your name, street address, city, state, and ZIP code. We will respond to you at your mailing address or, at our option, your e-mail address. We are not responsible for notices that are not labeled or sent properly, or do not have complete information of users of the Services or the public, or (iv) protect against legal liability.
Protecting children’s privacy is important to us. We do not direct the Services to, nor do we knowingly collect any personal information from, children under the age of 13.
The security of your personal information is important to us. We have taken certain physical, administrative, and technical steps to safeguard the information we collect from and about You. Our security obligations are set forth in our agreements with Schools.
School Representation and Authorized User personal information is stored on our Service Providers’ servers in the United States. You understand and agree that we may collect, use, disclose, and otherwise process the information you provide as described in this Supplemental Privacy Statement. Your personal information may be disclosed in response to inquiries or requests from government authorities or to respond to judicial process in the United States. We will retain your personal information for as long as it is needed to provide you with use of the Services, or to fulfill any legal or contractual obligations we may have with our Schools.
