SMART Technologies ULC Website Privacy Policy

Personal Information of Children and Minors

There are two primary ways through which information belonging to minors can be provided to SMART: the information could be provided directly by the individual, or the information could be provided by the individual’s school. If you are not of legal age to form a binding contract in your jurisdiction (i.e. you have not yet reached the age of majority, which in many jurisdictions is 18 years of age), we require that you or your school obtain your parent’s or guardian’s express consent prior to disclosing any personal information to us and using any Services. You should also thoroughly review this Policy with your parent or guardian to ensure it is understood and accepted. No personally identifiable information belonging to individuals under 18 years old should be submitted to or through our Services without the consent of their parent or guardian. We do not knowingly collect any information from individuals under the age of 18 without such consent.

We only collect personal information through our Services from a child under 18 where that student’s school, local authority/MAT, and/or teacher has confirmed to us that they have obtained the requisite, verifiable parental or guardian consent for that child to disclose personal information to us. If you are under 18, please do not send us any personal information unless your school, local authority/MAT, and/or teacher has obtained the necessary parental or guardian consents. For more information regarding school, organisation/MAT, and teacher responsibility to collect consents, please see the applicable Service terms of use or licence agreement.

In the case of Services where SMART stores or manages student personal information, information that is, to our knowledge, provided to us by someone under 18 not in accordance with these requirements will be deleted where possible (it may not be possible, for instance, to delete such information where it is embedded in a collaborative work product created using the Services). To report information provided without requisite parental or guardian consent, please contact us at privacy@smarttech.com.

We do not condition a minor’s use of our Services on provision of personal information by said minor beyond what is reasonably necessary to make the Services function properly.

What is "Personal Information"?

Personal information means any information about an identifiable individual (e.g. name, home address, CV information, financial information, health information, photographs, age, marital status, religion etc.).

To the maximum extent permitted by applicable law, this Policy is not intended to and does not apply to:

• the collection, use or disclosure of personal information for personal, domestic, artistic, literary, or journalistic purposes; or
• the collection, use or disclosure of "business contact information" (i.e. an individual's name, position name or title, business telephone number, business address, business email, business fax number, and other similar business information) for the purpose of contacting an individual in their business capacity.

Collection of Personal Information

As a general rule, and to the extent possible, SMART collects personal information directly from the individual it pertains to. If third parties hold information SMART requires to meet the Identified Purposes, it will endeavor to ensure the information has been collected with the appropriate consent.

Personal information may be collected directly from you, from your use of our Services, or from third parties who provide such information to us as part of a Service you receive from SMART. This information may be collected in person, over the telephone, by post, or over the Internet. When SMART collects personal information from you, we will: (i) explain how we intend to use such information; (ii) collect only such information as we believe is reasonably necessary to meet the Identified Purposes or such other purposes as are communicated to you at the time of collection; and (iii) not use or disclose such information for any other unrelated purposes without your consent, unless legally required or entitled to do so.

As an example, SMART may collect personal information: (i) when you register to receive personalised information on its website or from SMART Customer Service; (ii) when you provide information to gain entry into one of SMART's secure sites; (iii) when you enter one of SMART's promotions; or (iv) through one of our Services.

Where permitted or required by applicable law or regulatory requirements, SMART may collect personal information about an individual without their knowledge or consent. 

Using Your Personal Information

SMART collects and uses personal information in order to: (i) respond to queries or requests from you; (ii) process orders from you; (iii) track sales data; (iv) understand your needs and preferences; (v) develop, enhance, market, and provide products and services; (vi) personalise and facilitate the ease and efficiency of your visit to our web site; (vii) provide Services to you in the most functional and efficient manner; (viii) administer and discharge our obligations in relation to any agreement you have with us; (ix) manage and develop our business and operations; and (x) meet legal requirements (collectively the “Identified Purposes”).

If you are using a Service that requires or otherwise involves the use of a third-party element, SMART may also collect (whether directly or through said third party) and use your personal information in order to: (i) facilitate your access to said Service; (ii) enable you to authenticate your account with any such third parties, or with SMART through such third parties, using their authentication or online security services; (iii) aggregate assessment and other student performance data to help improve student outcomes; and (iv) store artefacts of work projects such as images or files you attach to work products in order to optimise delivery.

SMART does not use the personal information of minors for the purposes of marketing our products or the products of any third party to such minors, nor do we permit third parties to do this through our Services. 

Sharing and Disclosing Your Personal Information

Except as set out in this Policy, we will not disclose your personal information without your consent unless we are legally required or entitled to do so. For greater certainty, SMART may share your personal information with third parties, such as channel partners, service providers or other organisations: (i) where the third party or SMART has your consent; (ii) where legally required or entitled to do so; (iii) where the third party is acting as our agent, contractor, or service provider and has agreed to handle your personal information in confidence and in accordance with applicable laws; or (iv) where business mergers, divestments, or acquisitions are involved. For example, when you register for certain sales promotions, SMART may share your personal information with a SMART channel partner that it reasonably believes will help meet your needs.

SMART may also release personal information to third parties when such release is in compliance with applicable law or, if you are a student, SMART is directed to do so by your school, if SMART believes in good faith that this is necessary to: (i) protect the safety of SMART and its employees and users, or the safety of others; (ii) comply with applicable laws; or (iii) enforce terms of use or licences associated with our products or services. To the extent possible we will try to provide you with notice of our release of information for these reasons.

SMART does not engage in the collection of personally identifiable information over time and across third-party websites except where such collection is required for operation of the Services. SMART does track non-personally identifiable user data in the form of aggregate behaviour for the purposes of allowing SMART to improve the operations of Services. SMART may provide non-personally identifiable aggregate reports on user behaviour to third parties we work with for the same purpose of improving Services.

If you don't want your personal information disclosed to others, or if you would like to be removed from any of SMART's subscription lists, please email privacy@smarttech.com. SMART will not knowingly sell or rent your personal information to any other organisation without your explicit permission except as otherwise set forth herein. Notwithstanding the foregoing, SMART may sell or otherwise transfer the information collected from you to a third party in the event that all or any portion of SMART is merged or otherwise transferred to the third party, provided that such third party is bound by appropriate agreements or obligations that require them to use or disclose your personal information in a manner consistent with the use and disclosure provisions of this Policy.

In the event that you are a minor, SMART reserves the right to provide access to your account to your parents, guardian or other authorised adult, upon said adult's request.

Security

SMART's business processes are designed and applied to appropriately safeguard your personal information, having regard to the sensitivity and use of that information. Nevertheless, such security measures may not prevent all loss, misuse, or alteration of personal information provided to SMART, and SMART is not responsible for any damages or liabilities relating to any such security failures. By using our Services, you understand that there is a risk that data and communications, including email and other electronic communications, may be accessed by unauthorised third parties when communicated over the Internet. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

If you have any questions or concerns regarding the security measures applied to the collection, use, or disclosure of your personal information, please email privacy@smarttech.com.

If you are using a Service that involves third-party elements, please review the policies of such third-party service providers as they relate to security and data protection.

International Storage and Transfer of Data

SMART and its service providers may, from time to time, locate certain computer databases which store personal information relating to SMART's products and services in countries outside of Canada. The export of personal information to such countries is permitted subject to the provision of adequate levels of protection in relation to the processing of such information. As a key part of the contractual arrangements between SMART and third-party service providers, such parties are required to maintain appropriate levels of security and confidentiality with respect to personal information.

When appropriate, or otherwise required by applicable law, you will be provided with notice of the fact that your personal information may be transferred, stored, or processed outside of Canada.

Access or Updating Personal Information

We aim to keep your personal information as accurate as possible. If you would like more information about SMART's privacy practices or would like to request access to or update your personal information, please contact:

Privacy Officer
privacy@smarttech.com

SMART respects the concerns of individuals regarding their personal information, and will respond within a reasonable timeframe and within the time required by applicable law.

Please note that an individual's right to access the personal information an organisation holds about them is not absolute. In that regard, there may be instances where applicable law or regulatory requirements permit or require SMART to refuse an access request.

Opting Out or Removing Personal Information

If you would like to request that your own or your child’s personal information or publicly posted content be provided to you for your review, be removed from our services, or be updated, please contact privacy@smarttech.com. If you are accessing a Service through your school, you may also be able to make such a request through your school administrator. In some cases we may not be able to remove the information or continue to provide Services following removal of such information, in which case we will let you know if we are unable to do so and why.

If you are the parent or guardian of a minor and would like to review, remove, or change any consents you may have provided in relation to your child, either to us or to a school, teacher, or administrator, or inform us that you have not given such consent, please contact us at privacy@smarttech.com.

General Information that we Collect

SMART collects general, non-personal information, such as IP addresses, for system administration and internal tracking. When you visit SMART's website, our servers log the IP (internet protocol) address, length of each visit, number of requests per visit, operating system and browser type. SMART does not link this information to any personal information that an individual may otherwise voluntarily submit. SMART may use this general, non-personal information for any purpose.

Cookie Policy

To enhance your experience, many of our web pages and Services use "cookies". Cookies are small text files that are placed on your computer or device. Most web browsers allow some control over cookies through the browser settings. Blocking all cookies will, however, have a negative impact upon the usability of our Services. Thus, you may prefer to accept cookies and then delete them at a later date or upon exiting your browser. In addition, our Services may contain URLs posted by users to other sites that contain cookies that we are not responsible for. Cookies and student data will only be used for the provision of the Services.

Additionally, some browsers have a ‘do not track’ feature that lets you tell web sites that you do not want to have your online activities tracked. These features are not yet uniform, so we are currently not set up to respond to those signals. If you block or delete cookies, please be aware that not all of the tracking described in this policy will stop.

A table outlining the primary cookies used by SMART is attached to this Policy as Schedule A.

General

SMART may also monitor your use of our Services for system management and security purposes, and in order to detect inappropriate software and unauthorised access. Privacy and confidentiality may not be possible when using unencrypted Internet communications.

In cases where SMART uses third parties to process transactions that include personal information, reasonable efforts are taken to ensure they apply comparable or higher standards concerning collection, use, and disclosure.

By using SMART's Services, you signify your agreement with this SMART Privacy Policy. SMART reserves the right, at its discretion, to change, modify, add, or remove portions of this Policy at any time. Please review our web site (https://www.smarttech.com/legal/privacy-policies) regularly for the latest updates to the Policy. Your continued use of our Services following the posting of any changes to this Privacy Policy will indicate your assent to any such changes or amendments.

Your California Privacy Rights

Under California law, a California resident with whom SMART has an established relationship has the right to request certain information with respect to the types of personal information SMART has shared with third parties for their direct marketing purposes (if any), and the identities of those third parties, within the immediately preceding calendar year, subject to certain exceptions. In response to a written request, SMART is allowed to provide a cost-free means to opt out of such sharing. All requests for such information must be in writing and sent to the address set out at the end of this Policy.

HAVE A QUESTION FOR US? We would love to hear from you:

SMART Technologies ULC
Attention: Legal Department
Suite 600, 214-11 Ave SW
Calgary, AB T2R 0K1
CANADA
+1.403.245.0333

© 2014-2023, SMART Technologies ULC
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Schedule A – Cookies Used By SMART