ScreenPal Privacy Policy

This Privacy Policy was last revised on, and effective as of, September 9, 2024.

This Privacy Policy describes how Big Nerd Software, LLC dba ScreenPal, and its affiliates and subsidiaries (collectively, “ScreenPal”, “we”, “us” or “our”) collects, uses and handles your Personal Information (as defined below) in connection with our website (the “Site”) and the related applications, content, platform, services, and other functionality offered on or through our services (collectively, the “Services”). Other capitalized terms not defined herein are used as defined in these Terms of service (the “TOS”). This Privacy Policy does not address our privacy practices relating to job applicants, employees and other personnel.

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?

When we use the term “Personal Information” in this Privacy Policy, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual. It does not include aggregated or deidentified information that is maintained in a form that is not reasonably capable of being associated with or linked to an individual.

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.
You can find out more about our use of cookies and similar technologies, including what types of cookies we use on our Site, in our Cookie Policy.

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.

Where an individual chooses to contact us, we may need additional information to fulfill the request or respond to inquiries. We may provide additional privacy disclosures where the scope of the inquiry/request and/or Personal Information we require fall outside the scope of this Privacy Policy. In that case, the additional privacy disclosures will govern how we may process the information provided at that time.

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. Our software and services, depending on your type of account, may include AI features. Your use of these AI features is subject to additional obligations and restrictions set forth in the ScreenPal AI Feature Terms.
Third-Party Applications. You or your account administrator may choose to work with third-party products integrated into or accessed from ScreenPal (listed here). Examples of third party applications include a Learning Management System, cloud storage, a social network, or authentication service. ScreenPal may share your information with a third party application with your consent or at your direction, for example when you choose to access our Services through such an application. We are not responsible for what those parties do with your information, so you should make sure you trust the application and that it has a privacy policy acceptable to you.
- Publishing to YouTube: ScreenPal uses the YouTube API Services when you choose to publish videos from ScreenPal to YouTube. To learn more about how Google manages and protects your information, please see Google’s Privacy Policy. You may remove your YouTube connection at any time from the Software. You may also revoke ScreenPal’s access to your YouTube account via your Google security settings page.
- Google Workspace APIs are not used to develop, improve, or train generalized AI and/or ML models.
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 unless and except when ScreenPal is used by a school, school district or Educator (collectively, “Schools”) for educational purposes. 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 permit students under 13 to use the Services for educational purposes in a manner that collects Personal Information as set forth in Section 7 (Educational Use and Student Data) below. When ScreenPal provides the services to a School, the School authorizes ScreenPal to collect Personal Information from students under age 13 for the School’s purposes, as permitted by COPPA. In such cases, ScreenPal collects and processes the students’ Personal Information solely at the directly of and under the control of the School. At all times, Schools have the right to request to review or delete the Personal Information from students under 13 or decline to permit further collection or use of the students’ Personal Information. Schools are responsible for providing appropriate notice to parents of the School’s use of third-party service providers such as ScreenPal. We recommend that our School customers provide a link to this Privacy Notice to all parents/legal guardians.

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 privacy@screenpal.com.

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.

ScreenPal participates in the iKeepSafe Safe Harbor program. iKeepSafe has granted ScreenPal the COPPA Safe Harbor seal signifying the product has been reviewed and approved for having policies and practices surrounding the collection, use, maintenance and disclosure of personal information from children are consistent with the iKeepSafe COPPA Safe Harbor program guidelines. Questions regarding our Privacy Policy and practices in relation to iKeepSafe certification can be sent to privacy@ikeepsafe.org.

ScreenPal holds the iKeepSafe FERPA and CSPC Certification. Our Website, Platform, and Apps have been reviewed and approved for having policies and practices that are compliant with the mandates for FERPA and CSPC.

How ScreenPal may be used in Schools. 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 privacy@screenpal.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) and if a student is under age 13, Student Data may include personal information collected from a child, as defined by COPPA. When we provide the ScreenPal service to a School for an educational purpose, we process Student Data as a “School Official” under FERPA and 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, which may differ from the provisions set forth in this Privacy Policy. 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. We do not collect more Student Data than necessary for the authorized educational purpose. As between ScreenPal and the applicable School, Student Data is owned and controlled by the School.

Student Data Use. We collect, use, and retain 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’s educational purposes or as authorized by the parent.

Disclosure. We disclose Student Data only as needed to provide the ScreenPal services on behalf of a School in accordance with our contractual agreements with the School or with the consent or at the direction of the School or parent. Student Data, including name, user name, location, and Content, may be visible to School admin users as well as other students associated with the School’s team account. Student Content is not visible to others outside of the School’s team account unless the School enables visibility through the administrative dashboard. 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 also disclose Student Data to our trusted service providers who have a legitimate need to access such information on our behalf to provide services to us, subject to appropriate contractual terms to protect such information. You can see a list of our subprocessors here. We do not otherwise share or disclose Student Data with third parties other than to support our legal rights and obligations, or as directed by the School. 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. In such cases, we will allow a successor entity to maintain Student Data, provided the successor entity is obligated to follow these same commitments for the processing of Student Data.

Please note: the ScreenPal Service has many third-party integrations to enable users to upload Content to third party platforms and sites , such as Dropbox, Google Drive, Vimeo and others. The feature to permit uploads to third party services is turned off by default for School accounts, but School administrative users may enable content uploads or integrated services through the administrative dashboard. We are not responsible for such disclosures or for the privacy practices of third party platforms and services. If the School enables Content sharing or third party integrations, the School is solely responsible for the consequences of enabling third party access to Student Data through the ScreenPal service. When appropriate schools should obtain parental consent.

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.

ScreenPal is hosted in the United States. If you are a user accessing ScreenPal from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of ScreenPal, which is governed by United States law, this Privacy Policy, and ScreenPal’s TOS, you understand you are transferring your Personal Information to the United States.

Other Websites: Our Site and Services may include links to third-party websites, plug-ins and applications. Except where we post, link to or expressly adopt or refer to this Privacy Policy, this Privacy Policy does not apply to, and we are not responsible for, any Personal Information practices of third-party websites and online services or the practices of other third parties. Any third party websites are linked to the Services only for your convenience and you access them at your own risk. To learn about the Personal Information practices of third parties, please visit their respective privacy policies.

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 privacy@screenpal.com 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 privacy@screenpal.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

We may revise this Privacy Policy from time to time, with or without notice to you, by posting a copy of the most current version on our Site and/or making it available through the Services. You are responsible for reviewing the Privacy Policy. If we make material changes to this Privacy Policy, we will notify individuals by email to their registered email address, by prominent posting on this Site or our Services, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided.

11. Contact

Have questions or concerns about ScreenPal, our Services and privacy? Contact us at privacy@screenpal.com.

ScreenPal Cookie Policy

This Cookie Policy applies when using the ScreenPal Services.

We use cookies and similar technologies to distinguish you from other visitors and users of the Services. This helps us to provide you with a good experience when you browse the Services and also allows us to improve the Services.

Information automatically collected through cookies and other technologies

Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners in order to make their websites and services work, or to work more efficiently, as well as to provide reporting information.

Cookies set by the website owner (in this case, ScreenPal) are called “first party cookies”. Cookies set by parties other than the website owner are called “third party cookies”. Third party cookies enable third party features or functionality to be provided on or through the website (e.g. interactive content and analytics). The parties that set these third party cookies can recognize your computer both when it visits the website in question or uses the Services and also when it visits certain other websites.

We use technologies like cookies, web beacons, and pixel tags to provide, improve, protect and promote our Services. For example, cookies help us with things like remembering your username for your next visit, understanding how you are interacting with our Services, and improving them based on that information.

We use first party and third-party cookies for several reasons. Some cookies are required for technical reasons in order for Our Services to operate, and we refer to these as “essential” or “strictly necessary” cookies. Other cookies enable us to track and target the interests of our users to enhance the experience on our Services. Third parties serve cookies through our Services for analytics and other purposes, such as performance and functionality. This is described in more detail below.

We use the following types of cookies:

Essential website cookies

These cookies are strictly necessary for the operation of our Site. They include, for example, cookies that enable you to sign in and access secure areas of our Site.

Analytical/Performance cookies

These cookies collect information that is used either in aggregate form to help us understand how our Services are being used or how effective our marketing campaigns are, or to help us customize and improve our Services for you. For example, these cookies allow us to recognize and count the number of visitors and to see how visitors move around our Site when they are using it. This helps us to improve the way our Site works, for example, by ensuring that users are finding what they are looking for easily.

Analytics or customization cookies.

These cookies collect information that is used either in aggregate form to help Us understand how Our Services are being used or how effective Our marketing campaigns are, or to help Us customize and improve Our Services for You.

We may update this page from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal or regulatory reasons. Please therefore re-visit this Privacy Policy regularly to stay informed about our use of cookies and related technologies.

Additional California Privacy Disclosures

CALIFORNIA RESIDENTS

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

We collect Personal Information from and about you for a variety of purposes. To learn more about the types of Personal Information we collect and the purposes for which we use this information, please refer to the “What Information Do We Collect?”, the “Your Content on the Services” and the “Our Use of Personal Information” sections of our Privacy Policy.

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

As described in the “Information Sharing” section of our Privacy Policy, we share Personal Information with third parties for business purposes.

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 privacy@screenpal.com.

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.

Authorized Agents

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

This section contains disclosures on how we collect, store, process, transfer, share use data that identifies or is associated with residents of the European Economic Area (“EEA”), Switzerland, and the United Kingdom (“UK”) (“personal data“) and information regarding our use of cookies and similar technologies (“EU Disclosures”). These EU Disclosures apply solely to residents of the EEA, Switzerland, and the UK (“you”). Please ensure that you have read and understood these EU Disclosures before accessing or using the Services. Unless otherwise expressly stated, all terms in this section have the same meaning as defined in our Privacy Policy or as otherwise defined in the General Data Protection Regulation (“GDPR”).

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.

ScreenPal complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF), as set forth by the U.S. Department of Commerce. ScreenPal has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. ScreenPal has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this Notice and the applicable EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

Personal Data We Collect From You When You Use the Service and How We Use It. We collect personal data as set out in the “What Information Do We Collect?” and “Our Use of Personal Information” sections of our Privacy Policy. We will indicate to you where the provision of certain personal data is mandatory. If you choose not to provide such personal data, we may not be able to provide those parts of the Services to you or respond to your other requests.

Information We Collect About You Automatically. We also automatically collect personal data indirectly about how you access and use the Services, and information about the device you use to access the Services, or otherwise engage with us. Please see the “Information automatically collected and about your use of the Services” section of our Privacy Policy for more information about what data we collect and how we use it.

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 or (iii) the DPF Framework Principles.

In the event that we disclose your personal data to third parties to perform certain business-related services on our behalf as our “agents” (as such term is used under the Data Privacy Framework), we will do so only for limited and specified purposes consistent with any notice provided to you or your choices regarding processing and disclosure. These companies perform services at our instruction and pursuant to contracts which require they provide at least the same level of privacy protection as is required under the Data Privacy Framework and notify us if they are no longer able to provide such protections, at which point we will take reasonable remedial steps. We may also disclose personal information to our affiliates in order to support marketing, sale, and delivery of any services, or other business operations as disclosed in this Privacy Policy.

ScreenPal’s accountability for personal data that it receives under the DPF and subsequently transfers to a third party is described in the DPF Principles. In particular, ScreenPal remains responsible and liable under the DPF Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless ScreenPal proves that it is not responsible for the event giving rise to the damage.

In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

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.
Option to Limit Certain Onward Transfers to Third Parties. You have the opportunity to opt-out of sharing your personal data with third parties other than our agents or before we use it for a purpose other than which it was originally collected or subsequently authorized.

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 at privacy@ScreenPal.com or write to: 4244 University Way NE #45085, Seattle, Washington, 98145.

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. Please allow us a reasonable time to respond to your inquiries and requests.

Lawful Basis of Processing. We process your data to perform our contract with you for the use of our Services and to fulfill our obligations under the applicable terms of use and service; if we have not entered into a contract with you, we base the processing of your data on our legitimate interest to operate and administer our Services and to provide you with content you access and request. We process your data to analyze trends and to track your usage of and interactions with our Services to the extent it is necessary for our legitimate interest in developing and improving our Services and providing our users with more relevant content and service offerings, or where we seek your valid consent. We may also process your data when cooperating with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of data to protect our rights or is necessary for our legitimate interest in protecting against misuse or abuse of our Services, protecting personal property or safety, pursuing remedies available to us and limiting our damages, complying with judicial proceedings, court orders or legal processes, respond to lawful requests, or for auditing purposes.

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 DPF Principles, 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.

EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF 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 the DPF Principles. European Union, UK or Swiss individuals with a question or complaint regarding this Privacy Policy, please contact us first at privacy@screenpal.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 complaints under the Data Privacy Framework Principles 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/DPF-Dispute-Resolution for more information or to file a complaint. The services of JAMs are provided at no cost to you.

If your DPF complaint cannot be resolved through the above channels, under certain conditions specified by the Principles, you may be able to invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See DPF Annex 1 at https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf?tabset-35584=2.