Use these links to navigate to the following topics of interest:
- What is Personal Information?
- What Information Do We Collect?
- Your Content on the Services
- Our Use of Personal Information
- Information Sharing
- Children’s Privacy
- Educational Use and Student Data
- Information Protection
- Your Choices Regarding Your Information
- Changes to this Policy
- Contact Information
1. What is Personal Information?
2. What Information Do We Collect?
Information You Provide. We may collect and use the following information submitted to us by visitors to our Site, users of our Services and account holders:
- Account Data. We may ask you to provide, and if provided will associate with your account, information like your name, email address, phone number, payment info, and physical address. Some of our Services let you access your accounts and your information with other service providers. You can modify your account information while logged in by clicking on your user icon in the global navigation bar at the top of the screen. When you subscribe to any of our paid Services using a payment card, our third party payment provider will collect payment and billing information in order to complete the transaction. ScreenPal does not store or otherwise collect this information.
- Contacts and address book information.When you share your User Content via email or invite others to join ScreenPal you will need to provide us with email addresses for each person that you wish to send Your Content (as defined below) or to invite to join ScreenPal. We use this information to send your invitation but do not use these emails for any other purpose.
- Your Content.When you use our Services to upload or store content you generate (“Your Content”), we store, process and transmit Your Content and related information (for example, title and description). Users have the option to password protect their screencasts from public viewing. For team plans, users can adjust settings so that only authenticated team users can view specific content and the team admin can make this a global setting for all content. If you do not select password protection or team authentication, Your Content may be available to and viewable by other users and by the public. We collect metadata associated with Your Content such as the date and time the content was created and posted, and, for video messaging, the website name or URL on which the recording was created. We also collect usage statistics from our Software, which could include the viewing history, information about users who view Your Content, etc.
- Inquiry Information. When you contact us through our Services, we may collect information provided in custom messages sent through the forms or contact information provided on our Services.
Information automatically collected and about your use of the Services. Like most online services, we automatically collect certain types of usage information when you visit our Services, read our emails or otherwise engage with us. This information is typically collected through a variety of tracking technologies, including cookies, web beacons, Locally Stored Objects (LSOs such as HTML5), log files, and similar technology (collectively, “tracking technologies”), and we may use third party providers to collect this information on our behalf.
- Email Communications. We may receive a confirmation when you open an email from us and when you click a link in an email. We use this confirmation to improve our Services, including customer service. We may use a third party service provider to handle email communications.
- Log and device information. We collect information from and about the devices you use to access the Services. This includes things like IP addresses, a unique device identifier, the type of browser and device you use, operating system, location, date and timestamp of your transactions, the computer peripherals you use such as webcam , any errors that may occur during the use of our Services, and identifiers associated with your devices. We may derive a device’s approximate location by analyzing other information, like an IP address. We may use this log data and device-related information in order to provide and improve the Services.
- Analytics and behavioral information. We may collect analytics data, or use third-party analytics tools such as Google Analytics and Amplitude Analytics, to help us measure traffic, user events (such as installs, uploads, etc.), and usage trends for the Services and to understand more about the demographics of our users. We may also track analytics data and viewing activity of content created by or hosted on the Service. You can learn more about Google’s practices at https://www.google.com/policies/privacy/partners. and view its currently available opt-out options at https://tools.google.com/dlpage/gaoptout. We may also work with third party partners to employ technologies, including the application of statistical modeling tools, which permit us to recognize and contact you across multiple devices.
3. Your Content on the Services
Depending on the features and services you use, Your Content may be stored locally on your device or may be collected and stored automatically by ScreenPal. For example, if you use a feature such as ScreenPal to screen record, this recording will be collected and stored by ScreenPal. If Your Content that you create using the Services is stored locally on your device, it can only be shared if you choose to do so. Personal Information that you voluntarily disclose in content you create (i.e., videos, screenshots, documents, metadata, etc.) as part of the Services that is uploaded or collected by ScreenPal may be viewed by other users and the public on the Services, and we do not control how these third parties may use, save, and share Your Content. By default, Your Content that uploaded or stored with ScreenPal is designated as unlisted and not searchable by search engines. You are responsible for the security and management of any Personal Information contained in Your Content, and for ensuring you have all necessary rights and permissions to disclose Personal Information in Your Content. We reserve the right, but not the obligation, to remove and/or delete any of Your Content that we believe contains Personal Information that infringes on the privacy rights of any individual or for any other reason, at our discretion.
4. Our Use of Personal Information
We may use Personal Information we collect to:
- Fulfill or meet the reason the information was provided, such as to fulfill our contractual obligations, to deliver the Services you have requested and to process transactions;
- Manage our organization and its day-to-day operations;
- Communicate with individuals, including via email, text message, social media and/or telephone calls;
- Request individuals to complete surveys about our organization, organizations we partner with, and the Services;
- Market our Services to individuals, including through email, direct mail, phone or text message;
- Administer, improve and personalize our Services, including by recognizing an individual and remembering their information when they return to our Site;
- Process payment for our Services;
- Facilitate user benefits and services, including customer support;
- Identify and analyze how individuals use our Site and Services;
- Conduct research and analytics on our user base and our Services;
- Improve and customize our Services to address the needs and interests of our user base and other individuals we interact with;
- Test, enhance, update and monitor the Services, or diagnose or fix technology problems;
- Help maintain the safety, security and integrity of our property and Services, technology assets and business;
- Defend, protect or enforce our rights or applicable contracts and agreements;
- Prevent, investigate or provide notice of fraud or unlawful or criminal activity; and
- Comply with legal obligations.
5. Information Sharing
We may share information as needed to provide the Services or with your consent or permission, but we will not sell or rent your information to third parties for their direct marketing purposes. We may also share Personal Information in the circumstances described below.
- Other users. When you use ScreenPal through a team account, your personal information may be visible to team administrative users and other members of the team account. For example, the analytics dashboard may identify the name, date and time a user watched a video or responded to a quiz. Your personal information and Your Content will also be disclosed to other users you chose to share Your Content with.
- Third-party Vendors, Consultants and Other Service Providers Working for ScreenPal. ScreenPal uses certain trusted third parties to help us provide, improve, protect, and promote our Services. Where applicable, ScreenPal contractually limits Personal Information use by third parties. You can see our list of third party vendors here.
- Legal Obligations and Rights. We may disclose your information to third parties, including government officials, if we determine that such disclosure is reasonably necessary to (a) comply with the law; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of ScreenPal or our users; (d) protect ScreenPal’s property rights or safety; (e) enforce our TOS, including the investigation of potential violations thereof; and (f) detect, prevent or otherwise address criminal, security or technical issues.
- Business Transaction of Reorganization. We may share your Personal Information with other parties in connection with any company transaction, such as a merger, sale of all or a portion of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of bankruptcy or related or similar proceedings.
We may also provide aggregated, non-personal information to third parties for any legal purposes whatsoever.
6. Children’s Privacy
ScreenPal complies with the Children’s Online Privacy Protection Act (“COPPA”) and recognizes the privacy interests of children. ScreenPal does not direct its Services to children under 13 or knowingly collect Personal Information from children under the age of 13. In the EU, ScreenPal is not intended to be used by children under the age of 16 and will not knowingly process Personal Information of a child under 16.
Educators may use the Services in the classroom for the benefit of students. Educators may permit students under 13 to use the Services for educational purposes only if they have the authority to provide such consent on the parent’s behalf, as permitted by COPPA. If desired, Educators may use our free recording tools or one of our team plans without providing any Personal Information of a student and you can host Your Content on your School’s platform and systems so that students can view such content on School-provided systems. For Educators and Schools that utilize the Service in a manner that collects Personal Information from students, including students under 13, please review the “Educational Use and Student Data” section below.
If we discover we have received any Personal Information from a child under the age of 13 in violation of this Policy, we will take reasonable steps to delete that information as quickly as possible. If you believe we have any information from or about anyone under the age of 13, please contact us at firstname.lastname@example.org.
7. Educational Use and Student Data
ScreenPal may be used by schools, school districts, or Educators (collectively, “Schools”) and their students in an educational setting.
It is not necessary to enable ScreenPal to collect or receive personal information about students. The most privacy-protective manner Schools may use our Services is to not permit or require students to provide any Personal Information to the Services. Instead, Schools may use our free tools or one of our Team Plans without providing any Personal Information relating to students, and the School can host content on the School’s own platform so that students can view content on School-provided systems and avoid providing any Student Data to ScreenPal. However, not all features of the Service will be available to School users unless the School creates an account for each student.
To utilize the ScreenPal service in a School in a manner that will collect Student Data, the School must create an educator account and execute a data protection addendum (“DPA”) that governs the use of Student Data (contact us at email@example.com to request a copy of the DPA). When ScreenPal does collect personal information that is directly related to an identifiable K-12 student using the ScreenPal service through a School account, we refer to this as type of information as “Student Data.” Student Data may include “educational records” as defined by the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232(g). We agree to work with our School customers to jointly ensure compliance with FERPA, COPPA, and other relevant student data privacy laws and obligations.
Our collection and use of Student Data is governed by our contracts with our School customers, including our DPA. The following generally describes how we process Student Data on behalf of a School:
Student Data we collect. Examples of Student Data could include a student’s name or username, email address, Content created and uploaded to the Service, log file data and data about the student user’s browser or device. Depending on the features and services utilized by the School, we may collect additional data through the Student’s use of the Service, such as responses the Student submits to a quiz. We may also collect analytics data and metadata, such as the time and date a Student creates or views Content, which may or may not be associated with identifiable data of the Student. At all times, Student Data is owned and controlled by the School.
Student Data Use. We use Student Data only to provide the Service and for the purposes for which we are authorized by the School or the parent/student. We do not use or disclose Student Data for targeted advertising or marketing purposes. We do not build a personal profile of a student other than for supporting school or educational purposes or as authorized by the parent.
Disclosure. Student Data, including name, user name, location, and Content, may be disclosed to School admin users as well as other students associated with the School account. We may also provide Student Data in analytics dashboards or reports available to authorized School users. For example, a teacher dashboard may display the username, date and time a particular Student viewed Content. We do not otherwise share or disclose Student Data with third parties other than as needed to operate the Services (e.g., to our service providers) comply with our legal obligations, or as directed by the School or student user. We will never sell or rent Student Data to third parties, unless the sale is part of a corporate transaction, such as a merger, acquisition, bankruptcy, or other sale of assets.
Please note: the ScreenPal Service has many third-party integrations to enable users to upload Content to third party platforms and sites. We are not responsible for such disclosures or for the privacy practices of third party platforms and services. School administrative users may disable or restrict content uploads or integrated services through the administrative dashboard.
User Access and Parental Rights. We work with Schools to offer a mechanism for parents to exercise their rights to access, correct, download, or update Student Data. If you are a parent or legal guardian who wishes to access a student’s personal information, please contact your School directly and we will work with them to respond to your request.
Retention. We will not knowingly retain Student Data beyond the time period necessary to support the School’s purpose, unless authorized by the parent. We do not delete or de-identify any Student Data from an active School account unless directed by the School. The educator and School is responsible for maintaining current student rosters and identifying Student Data which the School no longer needs for an educational purpose by submitting a deletion request. We will delete or de-identify Student Data within 60 days of receipt of a deletion request from a School. Even if we do not receive a deletion request from a School, we may delete or de-identify Student Data after a period of inactivity in accordance with our standard data retention schedule.
Please note: We may not be able to immediately or completely delete all data in all instances, such as information retained in technical support records, customer service records, backups, and other similar business records. We will not be required to delete any information which has been de-identified or disassociated with personal identifiers such that the remaining information cannot reasonably be used to identify a particular individual. We will also not delete any Student Data that has been transferred or stored in a personal account.
8. Information Protection
Security. ScreenPal maintains reasonable security measures to help protect your information from loss, destruction, misuse, unauthorized access or disclosure. For example, in accordance with applicable law, Personal Information is encrypted in transit and at rest. These security measures can include, but are not limited to, password protection, need-based access, firewall and encryption, employee training, and other such mechanisms. Our security team periodically reviews our information storage and security practices and updates our policies and practices as needed to address changing technologies and known threats. These measures and technologies are designed to keep your data safe, secure, and only available to you and to those you provide authorized access. However, no data transmission over the Internet or information storage technology can be guaranteed to be 100% secure. In the unlikely event of an unauthorized disclosure of an individual’s Personal Information, we will notify individuals in accordance with applicable law.
Storage. To provide you with the Services, we may store, process and transmit information in locations around the world – including those outside your country. Information may also be stored locally on the devices you use to access the Services.
9. Your Choices Regarding Your Information
Account Information. You may edit your account information at any time by signing into your account.
Marketing Communications. If you do not wish to receive marketing emails, you can click the “unsubscribe” button on promotional email communications.
Data Retention. We will retain your information for as long as needed to provide the Services and for our internal business purposes, which may extend beyond the termination or cancellation of your subscription or user account, or until we receive a deletion request. Please contact us at firstname.lastname@example.org if you wish to delete your account or content permanently from our systems. Please be aware that we will not be able to delete any content you have shared with others or posted to third-party services.
Deleting or Anonymizing Your Content. If you are under 18 years of age, you may request that the Personal Information contained in Your Content that you posted to the Services be deleted or anonymized such that your Personal Information will not be identifiable publicly on our Services by contacting us at email@example.com. While we will use all commercially reasonable efforts to delete or anonymize Your Content upon request, please be aware that due to the social nature of our Services, you may not be able to completely remove all of Your Content if, for example, that content has been stored, republished, or reposted by another user or a third party. We may also maintain your information in identifiable form for our internal use, even if your Personal Information is no longer visible to the public on our Services.
10. Changes to this Policy
Additional California Privacy Disclosures
This section applies to you if you are a resident of the state of California. This section does not apply to School Users when we process personal information, including Student Data, as a service provider on behalf of a School. For purposes of this section, “Personal Information” has the meaning provided by the California Consumer Privacy Act (the “CCPA”).
COLLECTION AND USE OF PERSONAL INFORMATION
In the last 12 months, we may have collected the following categories of Personal Information:
- Identifiers, such as your name and email address;
- California Customer Records, such as your username, password, phone number address and payment card information;
- Internet/Network Information, such as device information, logs and analytics data;
- Sensory Information, such as photos or avatars, videos, and recordings of any phone calls between you and ScreenPal; and
- Other Personal Information, including information you submit into the feedback form and any communications between you and ScreenPal, as well as information we receive from social networking sites.
We collect this information from the following sources: directly from you, from our business partners and affiliates, from your browser or device when you visit our websites or use our Services, or from third parties that you permit to share information with us.
DISCLOSURE OF PERSONAL INFORMATION
The categories of third parties to whom we disclose your personal information for a business purpose may include: (i) other brands and affiliates in our family of companies; (ii) our service providers and advisors; (iii) marketing and strategic partners; (iv) analytics providers; and (v) social networks.
In the previous 12 months, we have disclosed the following categories of Personal Information to third parties for a business purpose:
- All of the categories of personal information we collect, explained above.
We do not “sell” Personal Information as that term is defined by the CCPA.
YOUR CALIFORNIA PRIVACY RIGHTS
As a California resident, you may be able to exercise the following rights in relation to the Personal Information about you that we have collected (subject to certain limitations at law): right to know, right to deletion, right to opt-out of sale, right to non-discrimination.
To Exercise Your Right to Know or Right to Deletion
To exercise your Right to Know or your Right to Deletion, please submit a request by emailing us at firstname.lastname@example.org.
Before processing your request, we will need to verify your identity and confirm you are a resident of the State of California. In order to verify your identity, we will generally either require the successful authentication of your account, or the matching of sufficient information you provide us to the information we maintain about you in our systems. This process may require us to request additional Personal Information from you, including, but not limited to, your email address, name, last 4-digits of your credit card number, and/or date of last interaction with customer service.
In certain circumstances, you are permitted to use an authorized agent (as that term is defined by the CCPA) to submit requests on your behalf through the designated methods set forth in these Additional California Privacy Disclosures where we can verify the authorized agent’s authority to act on your behalf. For requests to know or delete personal information, we require the following for verification purposes: (a) receiving a power of attorney valid under the laws of California from you or your authorized agent; or (b) receiving sufficient evidence to show that you have provided the authorized agent signed permission to act on your behalf, verified your own identity directly with us pursuant to the instructions set forth in these Additional California Privacy Disclosures, and directly confirmed with us that you provided the authorized agent permission to submit the request on your behalf.
Additional European Economic Area, United Kingdom and Switzerland Privacy Disclosures
Big Nerd Software, LLC is the controller of the personal data we hold about you in connection with your use of the Services. This means that we determine and are responsible for how your personal data is used.
How Long Will We Store Your Personal Data. We will usually store the personal data we collect about you for no longer than necessary for the purposes set out in this policy, including for the purposes of our legitimate business interests and satisfying any legal or reporting requirements, and in accordance with our legal obligations.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and the applicable legal requirements.
Marketing and Advertising. From time to time we may contact you with information about our products and services, including sending you marketing messages and asking for your feedback on our products and services.
- For some marketing messages, we may use personal data we collect about you to help us determine the most relevant marketing information to share with you.
- We will only send you marketing messages if you have given us your consent to do so. You can withdraw your consent at a later date by clicking on the unsubscribe link at the bottom of our marketing emails or by updating your preferences when logging into our Site.
Storing and Transferring Your Personal Data.
- Security. We implement appropriate technical and organizational measures to protect your personal data against accidental or unlawful destruction, loss, change or damage. We will never send you unsolicited emails or contact you by phone requesting your account ID, password, complete credit or debit card information or national identification numbers.
- International Transfers of Your Personal Data. The personal data we collect may be transferred to and stored in countries outside of the jurisdiction you are in where we and our third-party service providers have operations, including in the United States. If you are accessing our Site from the EEA, your personal data will be processed outside of the EEA.
In the event of such a transfer to locations outside of the European Economic Area (EEA), UK, and Switzerland, ScreenPal takes measures designed to provide the level of data protection including ensuring that: (i) the personal data is transferred to countries recognized as offering an adequate level of protection; or (ii) the transfer is made pursuant to appropriate safeguards, such as standard contractual clauses adopted by the European Commission. With respect to onward transfers to third-party agents acting on our behalf, we remain liable should our agents process information in a manner inconsistent with the Privacy Shield Principles or other applicable laws.
In addition, we continue to participate in and have certified its compliance with the EU-US and Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Information transferred from the EU, EEA, and Switzerland to the United States, respectively. ScreenPal remains committed to applying the Privacy Shield Framework’s applicable Principles to Personal Information received from the EU, EEA, and Switzerland. If there is any conflict between the terms in this Notice and applicable Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit the U.S. Department of Commerce’s Privacy Shield List. As the European Court of Justice declared the Privacy Shield invalid as a mechanism for EU-U.S. transfers, we no longer rely on the EU-U.S. Privacy Shield to transfer data that originated in the EEA or the UK to the U.S.
If you wish to enquire further about these safeguards used, please contact us using the details set out at the end of these EU Disclosures.
Your Rights in Respect of Your Personal Data. In accordance with applicable privacy law, you have the following rights in respect of your personal data that we hold:
- Right of access. You have the right to obtain:
- confirmation of whether, and where, we are processing your personal data;
- information about the categories of personal data we are processing, the purposes for which we process your personal data and information as to how we determine applicable retention periods;
- information about the categories of recipients with whom we may share your personal data; and
- a copy of the personal data we hold about you.
- Right of portability. You have the right, in certain circumstances, to receive a copy of the personal data you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your personal data to another person.
- Right to rectification. You have the right to obtain rectification of any inaccurate or incomplete personal data we hold about you without undue delay.
- Right to erasure. You have the right, in some circumstances, to require us to erase your personal data without undue delay if the continued processing of that personal data is not justified.
- Right to restriction. You have the right, in some circumstances, to require us to limit the purposes for which we process your personal data if the continued processing of the personal data in this way is not justified, such as where the accuracy of the personal data is contested by you.
- Right to withdraw consent. If you have provided consent for the processing of your personal data, you have the right to withdraw your consent. If you withdraw your consent, this will not affect the lawfulness of our use of your personal data before your withdrawal.
You also have the right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your personal data, and we will assess and inform you if that is the case. You can object to marketing activities for any reason.
You also have the right to lodge a complaint to your local data protection authority. Information about how to contact your local data protection authority is available here.
If you wish to exercise one of these rights, please contact us using the contact details at the end of these EU Disclosures.
Due to the confidential nature of data processing we may ask you to provide proof of identity when exercising the above rights. This can be done by providing a scanned copy of a valid identity document or a signed photocopy of a valid identity document.
Our Policy Towards Children. The Services is not directed at persons under 16. We do not knowingly collect or solicit personal data from any persons under the age of 16. In the event that we learn that we have inadvertently collected personal data from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under 13, please contact us using the details set out above.
Jurisdiction and Enforcement. With respect to Personal Information received or transferred pursuant to the Privacy Shield Frameworks, ScreenPal is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission (FTC). In certain situations, ScreenPal may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In compliance with the Privacy Shield Principles, ScreenPal commits to resolve complaints about your privacy and our collection or use of your Personal Information transferred to the United States pursuant to Privacy Shield. If you have a question or complaint about our compliance with the Privacy Shield Principles, please contact us first contact at email@example.com or write to: [4244 University Way NE600 Stewart Street, Suite 400 #45085, Seattle, Washington, 981015]. ScreenPal takes all concerns about privacy and use of Personal Information very seriously, and shall endeavor to reply to you within 45 days of receiving a complaint.
ScreenPal has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit JAMs complaint page https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim for more information or to file a complaint. The services of JAMs are provided at no cost to you.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions specified by the Principles, you may be able to invoke binding arbitration to resolve your complaint. Please visit https://go.adr.org/privacyshieldfiling.html for more information and to file a complaint.