For California Residents
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit CCPA Privacy notice for California Residents.
Effective Date: May 17, 2020
Stellate Software LLC (“Company”) knows that you care about how your and your child’s personal information is used and shared, and we take your privacy seriously.
If you are accessing the Service from within the European Union (EU) or you are an EU citizen, please review the Lawful Bases for Processing Personal Data and Individual Rights sections below for more information on how your personal data will be processed and the rights you have regarding this processing.
1. United States of America
COPPA is an acronym for the Child Online Privacy Protection Act, a US federal law to protect the privacy of children under the age of 13. Under the licensing agreement between Stellate Software and the teachers using their Products, the teachers are responsible for obtaining parental permission should it be required under COPPA. Stellate Software does not collect any personally identifiable information from minors, and will provide information for teachers along with a sample parental permission document should they require one.
2. European Union
Since May 24, 2018, the European Union General Data Protection Regulation (GDPR) defines the rules regarding the collection, use, and retention of personal information for citizens of the European Union. Stellate Sofware is fully compliant with these rules. The European Commision has ruled that commercial entities in Canada have adequacy under the GDPR, or already provide adequate data security. For an updated listing of countries where data security is considered adequate, please visit the European Commission’s website. Stellate Software only conducts business with third-party data processors in the United States that are certified under the Privacy Shield Framework, which ensures compliance with EU data protection requirements so that personal data stays secure and respected.
How is children’s personal information treated?
If you are a minor, you may not disclose Personal Information to us. Company only collects limited Personal Information about children (“Children’s Personal Information”) directly from the parent or guardian who has downloaded our mobile applications or registered on our website. If you are a minor, please do not send any Children’s Personal Information about yourself to us, other than what we request from your parent or guardian who registers for the Services.
In the event that we learn that we have collected Children’s Personal Information directly from a minor, we will delete that information as quickly as possible. If you believe that a minor may have provided us Children’s Personal Information without parental involvement, please contact us at email@example.com.
In this document “Personal Information” shall apply to personal information of individual Service users who are not student registrants. References to “Children’s Personal Information” shall only apply to personal information of student users of the Services. General references to “information” shall apply to all users.
If you are a minor and your parent has signed up for the Service, you understand that your parent may be able to view all information within or associated with the account, including without limitation progress reports and usage data that tracks your performance on games, assessments and other tests available through the Services.
What Personal Information Does Company Collect?
The information we gather from customers enables us to personalize and improve our services. We collect the following types of information from our customers:
Information You Provide to Us:
We receive and store any information you enter on our Services or provide to us in any other way. The types of Personal Information collected include your full name, email address, ZIP code, credit card and/or other payment information, Children’s Personal Information (which is limited to the child’s name and gender), IP address, browser and location information, username, password and any other information necessary for us to provide our services. We also offer users the ability to sign up for the Services using their existing Facebook, Instagram, or Google account. If you choose to sign up for the Services using one of these accounts, we will receive your full name from the service provider managing that account.
If you are using the service as an Educational Institution, Student information may be visible during Customer Support and/or Troubleshooting. Personally identifiable information such as Student Name, Teacher Email Address, login dates and times could be viewed on our service by Product Support Staff.
You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features. The Personal Information you provide is used for such purposes as answering questions, sending product updates, and communicating with you about Company’s products and services, including specials and new features. The Children’s Personal Information you provide shall only be used for creating your individual account (which will allow you to receive progress reports that include tracking your child’s performance and progress). You may modify or remove your Personal Information or Children’s Personal Information identified below at any time by logging into your account and accessing features to edit your profile and/or account information.
Parents and users who are not minors may upload images created within Company’s products to Company’s website to be viewed publicly for creative or contest-driven purposes. These images are intended to only contain geometric representations made using Company’s product.
By sharing Student Data or other information to Stellate Software, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Stellate Software a non-exclusive, royalty-free, worldwide license during the term of the Agreement to use, transmit, distribute, modify, reproduce, display, and store the Student Data solely for the purposes of (i) providing the Services as contemplated by the Agreement, and as otherwise described herein, (ii) maintaining, supporting, evaluating, improving and developing our products, applications, and Service, and (iii) enforcing our rights under the Agreement.
Personal Information Collected Automatically
We receive and store certain types of information whenever you interact with our Services or use our services. Company automatically receives and records information on our server logs from your browser including your IP address, cookie information, and the page you requested. Generally, our service automatically collects usage information, such as the numbers and frequency of visitors to our Services and its components. Company only uses this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. This type of aggregate data enables us to figure out how often customers use parts of the Services so that we can make the Services appealing to as many customers as possible, and improve those Services. As part of this use of information, we may provide aggregate information to our partners about how our customers, collectively, use our Services. We share this type of statistical data so that our partners also understand how often people use the Services, so that they, too, may provide you with an optimal online experience. Again, Company does not disclose aggregate information to a partner in a manner that would identify you personally.
We often receive a confirmation when you open an email from Company. Company uses this confirmation to help us make emails more interesting and helpful. When you receive email from Company, you can opt out of receiving further emails by following the included instructions to unsubscribe or by changing users preferences in your profile.
We may also send parents and teachers practice reminders through our mobile apps. These notifications are intended for grownups only and can only be requested through the parent/grownup sections of our mobile apps. You can opt-out from these notifications or modify the frequency of these notifications at any time through the app or device settings.
Lawful Bases for Processing Personal Data:
If you are an individual in the European Union (EU) or an EU citizen, we collect and process data about you only where we have legal bases for doing so under applicable EU laws. This means we collect and process your data only when:
- It is necessary for a legitimate interest (which is not overridden by your individual privacy interests), such as preventing fraud, improving the Services, and increasing the security of the Services and network infrastructure;
- You have consented to this collection and processing for a specific purpose;
- It is necessary to fulfil our contractual obligations; or
- It is necessary to comply with a legal obligation.
Where we rely on your consent to process your personal data, you have the right to withdraw or decline consent at any time. If you wish to withdraw your consent, please contact us at firstname.lastname@example.org. Some examples of our legitimate interests and the data being processed include:
- Network and information security (password, IP address, Device ID)
- Customer Support and fraud prevention (name, email address)
- Improving our products and services (hardware information, activity logs)
Where we rely on our legitimate interests to process your personal data, you have the right to object. More information on exercising this right can be found in the Individual Rights section below.
If you have any questions about or need further information concerning the legal basis on which we collect and use your personal data, please contact us at email@example.com.
Will Company Share Any of the Personal Information it Receives?
Your Personal Information and Children’s Personal Information is an integral part of our business. We neither rent nor sell your Personal Information or Children’s Personal Information to anyone. We share your Personal Information and Children’s only as described below. As explained below, we only share Children’s Personal Information associated with your account directly with you to report on your child’s performance using our Services. We never share that Children’s Personal Information with any third party. A child’s usage data (i.e. performance on tests, games, creative activities etc. available on the Services) is shared through aggregated, anonymous comparisons, but never in a way that could personally identify the child. In addition, we do not offer students chat rooms or community features that allow the sharing or posting of Children’s Personal Information in a public forum. Here is the list of third-party service providers we work with:
Allow Users to Connect to their Third-Party Accounts: Facebook account, Google account and Instagram account
Invoice and Billing: Stripe
User Commenting and Forums: BuddyBoss
Web and Mobile Analytics: Google Analytics
Website Hosting: Webfaction
Point of Sale: Woocommerce
Again, please note that references to “Personal Information” only apply to personal information of individuals who are not students or minors.
In the event that Stellate Software is involved in a merger, reorganization, dissolution, sale of business or assets or similar event, information disclosed to or collected by may be transferred to Stellate Software’s successor, or to the purchaser of such assets, as applicable. You will be notified via email and a prominent notice on our Website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
External APIs: We employ APIs of other companies and people to perform tasks on our behalf and may need to share your information with them, including Personal Information or Children’s Personal Information, to provide products or services to you. Examples include sending billing receipts and weekly progress reports and providing user services. Unless we tell you differently, these companies do not have any right to use Personal Information or Children’s Personal Information we share with them beyond what is necessary to execute tasks at hand. We will also require that these companies agree to protect the security of the information we share with them. You hereby consent to our sharing of Personal Information and Children’s Personal Information for the above purposes. For any privacy inquiries related to how these companies may handle your information on our behalf, please use the contact information of Stellate Software at the bottom of this page, and we will respond to all such inquiries.
User profiles: Minors are not allowed to enter or upload User Submissions. If the registration process is completed correctly, no Children’s Personal Information will ever be displayed to any third party through a User Profile. Email addresses are used to add new User Submissions to user profiles and to communicate through User Submissions. Users’ email addresses will not be directly revealed to other users by Company, except, when the user is “connected” to another user via a shared group membership, or an invitation, or if the user has chosen to include their email address in their User Profile.
Communication about the Services or in response to User Submissions: As part of the Services, you will receive from Company email and other communication relating to your child’s progress and use of the Services or User Submissions. You acknowledge and agree that by allowing your child to use the Services, and by posting such User Submissions, Company may send you email and other communication that it determines in its sole discretion relate to such activity and your User Submissions.
Promotional Offers: We may send offers to you on behalf of other businesses. However, when we do so, we do not give the other business your name and address. If you do not wish to receive these offers, please unsubscribe using the instructions provided in the email, the account management tools on the website, or by sending an email with your request to firstname.lastname@example.org.
Protection of Company and Others: We may release Personal Information when we believe in good faith that release is necessary to comply with the law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Company, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
With Your Consent: Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and you will be able to prevent the sharing of this information.
International Data Transfers
TileFarm is committed to ensure the privacy and security of your data, and therefore we use secure Webfaction cloud infrastructure for processing and storing your data. At any point, you have the right to ask us to terminate your account and delete all your personal data, which we will comply within seven days of receiving the request.
If you have any questions about our policy regarding international data transfers, please contact us at email@example.com.
Is Personal Information About Me Secure?
The security of your personal information is important to us. To prevent unauthorized access, disclosure, or improper use of your information, and to maintain data accuracy, we’ve established physical, technical, and administrative safeguards to protect the personal information we collect. In particular:
- We periodically review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.
- We perform application security testing; penetration testing; conduct risk assessments; and monitor compliance with security policies.
- When you enter any information anywhere on the Service, we encrypt the transmission of that information using secure socket layer technology (SSL) by default.
- TileFarm’s database where we store your personal information is encrypted at rest, which converts all personal information stored in the database to an unintelligible form.
- We ensure passwords are stored and transferred securely using encryption and salted hashing.
- TileFarm’s Website and the Service is hosted by third-party service providers at separate facilities, with whom we have a contract providing for enhanced security measures.
- We restrict access to personal information to authorized TileFarm employees, agents or independent contractors who need to know that information in order to process it for us, and who are subject to strict confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
Company endeavors to protect user information to ensure that user account information is kept private, however, Company cannot guarantee the security of user account information. Your Personal Information or Children’s Personal Information is protected by a password for your privacy and security. You need to ensure that there is no unauthorized access to your account and Personal Information or Children’s Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.
If Stellate Software becomes aware of a systems security breach by an unauthorized party or that any user data was used for an unauthorized purpose, we will comply with relevant state and other data breach laws. We will notify users of any breach resulting in unauthorized release of data electronically, at minimum, and without unreasonable delay so that you can take appropriate steps. The notification will include: date of the breach, the types of information that were subject to the breach, general description of what occurred and steps Stellate Software is taking to address the breach.
Stellate Software makes certain choices available to you when it comes to your personal data. Please review the below information outlining your choices and how to exercise them. We will respond to all requests within a reasonable timeframe. If our full response will ever take more than a month due to complexity or scope, we will notify you of this and keep you updated.
Review and update your data: You have the right to access and update any personal data that we have collected. Some personal data, such as the account holder’s name and email address can be found and updated using the account management tools on our website at https://learn.tilefarm.com/members/profile/ and user data may be exported through account settings. For any personal data beyond this, please submit a request using the contact information at the end of this section. We may request more information to confirm your identity before modifying any personal data.
Delete your data: You also have the right to get your personal data deleted. This is sometimes known as the ‘right to be forgotten’. To request that we delete all personal data about you, please submit a request using the contact information at the end of this section. We may request more information to confirm your identity before deleting any personal data.
Please note that some content will not be deleted given various compliance and recordkeeping obligations schools have. Please contact your (or your child’s ) school if you would like this content deleted. If the school determines that the request should be implemented, they may submit a request to us.
Also note that some content, such as image submissions for contests, may not be deleted. However, if you wish to remove your profile name and information associated with such submissions you may submit a request to us.
For more information on our data deletion and retention practice from the section below.
Restrict Processing: You have the right to restrict how we process your personal data in certain circumstances. This is an alternative to requesting the deletion of your data. Rather than requesting we delete all of your personal data, you may request that we limit our uses of your personal data to specific purposes. You may wish to request we restrict our processing if you contest the accuracy of your personal data and we are working to verify this information, or if you want us to retain your personal data in connection to a legal claim but cease processing it.
Data Portability: You have the right to obtain copies of your information in a structured, commonly used format so that you can move your data between our service and the services of others. We may request more information to confirm your identity before providing any personal data.
Right to Object: You have the right to object to the processing of your personal data for direct marketing purposes or when our processing of your data is based on legitimate interests. You may request that we stop processing your personal data for direct marketing purposes. This is an absolute right and we cannot refuse this request. Beyond direct marketing, if you wish to exercise this right, you must give specific reasons as to why you object to our processing of your data, based on your particular situation. Even after receiving such a request, we may continue processing if it is necessary for the exercise/defense of a legal claim or if we can demonstrate a compelling legitimate ground for the processing.
If any request made under this section is clearly unfounded or excessive, we may reject the request or require a reasonable fee to honor the request. If we decide to reject your request, we will inform you of the reasons for not taking action and provide information on other possible remedies. If we decide that a reasonable fee is necessary, we will promptly inform you and will comply with the request upon receipt of this fee.
Data Deletion & Retention
We store your personal information for as long as it is necessary to provide products and Services to you and others, including those described above. Personal information associated with your account will be kept until your account is deleted unless we no longer need the data to provide products and services.
Please note that we may have to retain some information after your account is closed, to comply with legal obligations, to protect the safety and security of our community or our Service, or to prevent abuse of our Terms. You can, of course, delete your account at any time, as per the Deleting Your Account section.
Student Data Protection Policy: We will not retain a student’s personal information for any longer than is necessary for educational purposes, legal or contractual obligations, or to provide the Service for which we receive or collect the child’s personal information. Additionally, we only keep a child’s personal information for as long as his or her student account is active, unless we are required by law or the child’s school to retain it, need it to ensure the security of our community or our Service or to enforce our Terms.
Please see the following section on information about data deletion due to account inactivity:
Home Accounts: For accounts created by general users or parents, if neither the student, nor the student’s parent(s) or any of the other student accounts associated with the parents’ accounts have logged into their account in 2 years, Stellate Software will automatically delete or de-identify the personal information tied to the student account that is not necessary for educational purposes or legal obligations, including device tokens, device identifiers and IP addresses. In effect, the student account will be anonymized and de-linked from the parent account and the data will be non-recoverable. We will make reasonable attempts to inform parents about the account modification a few days in advance. We may retain some personal information about the parents for reasons outlined earlier, but these will not be tied to any personal information about the student. Parents can always request deletion of their accounts as outlined in the “Deleting your account” section.
Classroom Account: If neither the teacher, nor any of the students associated with the teacher account have logged into their account in 2 years or performed any activity, TileFarm automatically deletes or de-identifies any personal information tied to the student accounts that is not necessary for educational purposes or legal obligations, including device tokens, device identifiers and IP addresses.
What happens when an account is deleted: Stellate Software de-identifies or deletes any personal information tied to the accounts, including emails, usernames. device token, device identifiers, IP addresses. This information may persist in backups that we maintain, for a reasonable amount of time. Stellate Software retains de-identified usage information about the accounts and image submissions unless we contractually obligated to delete such information.
When a teacher or school administrator deletes an account from within their TileFarm dashboard, the deleted accounts are kept in a recoverable state for 14 days before the deletion actually takes place. This is done so that any erroneous deletions on the user’s part can be recovered and accounts may be restored.
Please note that after an account is deleted from our systems, it is not possible for us to restore the account or any personal information associated with it.
Contact for Individual Rights Requests
Please use the below information when submitting a request to exercise any of the above rights. Please do not submit requests across multiple communication channels. We will make all efforts to respond to your request within a reasonable timeframe.
Stellate Software LLC
Attn: Louis Romero
1316 Richmond Drive, NE
Albuquerque, NM 87106-1809
If you are an EU citizen or reside in the EU and wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority.
After registration, if you receive emails from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt-out from receiving emails from us by using the account management tools on our website or sending your request to us by email on firstname.lastname@example.org.
Questions or Concerns
If you have any questions or concerns regarding privacy on our Services, please send us a detailed email at email@example.com. We will make every effort to resolve your concerns.
Stellate Software LLC
1316 Richmond Drive, NE
Albuquerque, NM 87106-1809