SMART Notebook privacy policy

This Privacy Policy (“Policy”) is applicable to SMART Notebook® and SMART Notebook® Plus (collectively, “Notebook”). Starting with Version 22, the paid subscription features were renamed as “SMART Notebook Plus”. This privacy policy for Notebook software forms part of the Notebook Terms agreed upon between you and SMART Technologies (“SMART”).

This policy explains how SMART works with you to protect your information and privacy when using Notebook. By using Notebook, you are consenting to SMART's collection, retention, use and disclosure of certain information as necessary to provide Notebook to you. If you do not agree, you must not use Notebook.

Notebook can be used without signing-in, and users can choose to share their created content in several ways that do not require students to sign-in. User created content is not a student or educational record, transcript, gradebook, health or directory information. Notebook is not a learning management system (LMS).

SMART supports the European Union General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and numerous other laws including the Family Educational Rights and Privacy Act (FERPA). SMART is committed to helping our customers work under these and other stringent regulations and we continue to add in-region solutions. We currently offer American and European data storage for user created Content and we are satisfied our out-of-region user data processors provide appropriate safeguards for the data they handle.

SMART only receives information because you provide it; you are the data controller. In this way, customers and users are obligated to comply with their local laws and are responsible for any obligations they owe to their users with respect to their personally identifiable information.

DATA TYPES

It is important to remember that customers and users are two distinct groups:

• Customers are typically an organization (e.g., district, school, company) and not a personally identifiable individual. The identifiable information we require is from the customer for transactional purposes. The customer shall not provide SMART with personally identifiable information unless permissible by law and the customers’ policies.
• Users (e.g., teachers) are generally not the ones who purchased or set up the account (e.g., IT administrators) and only access Notebook because the customers’ administrator has granted them access. As such, SMART’s exposure to personally identifiable information only comes from how the customer operates when providing e-mail addresses and names of users to SMART and from user created Content. If you have a concern as a user about your PII you must demand the customer provide only non-identifiable information to SMART and you as a user must only create Content with no PII in it.

We collect two types of data, depending on your interaction with us:

“Non-Personal Data” means aggregated non-identifiable information, which may be made available or gathered via your access to and interactions with our services. We are not aware of the identity or other identifiers of the individual from which the Non-Personal Data is collected. The Non-Personal Data collected may include aggregated usage information (meta-data), as well as technical information transmitted by your device, such as the type of browser or device, type of operation system, device settings and technical software data, etc.

“Personal Data” or “personal information” means individually identifiable information, namely information that identifies a natural person (not a corporation) or may, with reasonable effort, be used to identify a natural person.

We do not knowingly collect or process any Personal Data constituting or revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, or data concerning a person's health (“Special Categories of Personal Data”).

The Customer is responsible for obtaining consent and authorization for a student to use our products and services from their parent or guardian. Where a customer instructs us to collect personal information from children, we collect, use, process and retain such information solely to provide the educational services on behalf of the customer and for the purpose of providing Notebook.

INFORMATION WE COLLECT

We collect and use information to allow us to provide our products and services to you. We collect information from you when you sign up for an account or voluntarily provide additional information.

We also collect information about the navigation pages users visit within Notebook using cookies and third-party analytics tools. This information includes information about the device(s) you use to access the websites including unique device identifiers, IP address, operating system, browser, and cookies. Depending on your device settings, we may also collect information about your geographical location. A list of cookies is provided at the end of this policy.

USE OF YOUR PERSONAL DATA

We use the personally identifiable data we collect solely for the purpose of providing Notebook to you. We may share this data with third-party service providers to provide our services to you. All providers contracted by SMART are contractually bound to keep your personal data secure and use it only for necessary service delivery.

In addition to processing your personal data for the purposes of providing our services and facilitating correspondence, we may also process your data based on legitimate interests/lawful basis. These interests or basis include but are not limited to improving our services, managing our business operations and sending you information about our products, services, and offers that may be of interest to you, provided you have opted in or not opted out of receiving such communications.

We do not sell your data, and we do not share personal data with third parties without your informed consent, which is the purpose of this document. We share your information in accordance with this agreement and a list of the third parties we share data with to provide our services to you are detailed below. Data is not shared between sub-processors unless explicitly stated.

OPTING OUT OR REMOVING PERSONAL INFORMATION AND DATA RETENTION

SMART will only keep personal data for as long as required to provide the service, or to comply with statutory requirements. When the personal data collected is no longer required by us, we and our service providers will perform the necessary procedures for destroying, deleting, erasing, or converting it into an anonymous form as permitted or required under applicable laws.

You may request deletion of your SMART account at any time by e-mailing privacy@smarttech.com or contacting our support department. SMART will respond to customer requests to delete personal data within 30 days. Inactive unpaid accounts are deleted after two (2) years. All data stored locally on the Notebook can be deleted by you at any time by resetting it to factory settings.

If you would like to request that your personal information be provided to you for your review, be removed from our services, or be updated, please contact privacy@smarttech.com.

SECURITY

We use widely accepted technical and operational security measures to protect your personal data including 256-bit TLS encryption. Only authorized SMART personnel and third-party service providers listed below are allowed to access this data, and they are required to treat it as confidential.

We do not store your passwords as these are managed by our single-sign-on (SSO) providers and they encrypt all your credentials and separate them from your personally identifiable information.

However, no security measures can guarantee complete protection against loss, misuse, or alteration of personal information. SMART is not responsible for any damages or liabilities resulting from such security failures.

YOUR RIGHTS

Subject to applicable law, including exceptions, you have the following rights with regard to the personal data that we collect about you:

• right to ask what personal data we have about you and how we use;
• right to request a copy of the personal data that we hold about you;
• right to request that we correct or amend your personal data;
• right to request deletion of your personal data; and
• right to ask us to stop or limit how we process your personal data.

To protect your privacy and security, we may need to verify your identity before acting on certain requests, to the extent permitted by law. If someone is making the request on your behalf (like an authorized agent) and they don’t provide proof of authority (such as a power of attorney), we may ask for additional evidence, like written authorization, or contact you directly to confirm the request.

If you would like to exercise your rights regarding your personal data, you can do so by:

• emailing your request to us at: privacy@smarttech.com
• contacting us by postal mail at:
  
  SMART Technologies ULC
  Attention: Legal Department
  Suite 600, 214-11 Ave SW
  Calgary, AB T2R 0K1
  CANADA
  
  +1.403.245.0333

NOTIFICATION OF BREACH

If we become aware of a personal data breach, we will without undue delay, and where feasible, no later than 72 hours after having become aware of it, notify you of said breach, unless the data breach is unlikely to result in a risk to the rights and freedoms of natural persons. Our communication of a breach shall be in clear and plain language and contain a minimum of:

• Contact details of the Data Protection Officer or other contact person;
• A description of the nature of the breach;
• Likely consequences of the breach;
• Advice on steps data subjects can take to protect themselves; and
• The measures SMART has taken or proposes to take to address the breach.

COOKIES

To enhance your experience, 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. You may accept cookies and then delete them at a later date or upon exiting your browser.

Additionally, some of our online recruitment activities are hosted by third parties. When you access sites operated by these third parties, they may to the extent permitted by applicable law, place their own Cookies or other tracking technologies on your device. We encourage you to read the Privacy Statements of these websites before transmitting any Personal Information to third parties.

CHANGES TO THIS POLICY

We may update this Privacy Policy from time to time to reflect changes to our operations, or to meet new legal and regulatory requirements. The updated policy will be posted on our website SMART Tech Privacy Policies.

DATA COLLECTED AND PROCESSED

This section outlines what data is collected and processed from you and who handles the data.

SMART Notebook^® Users (not signed-in; no online sharing)

The basic version is free software designed for use with a SMART Board® interactive display. It comes with many features that you can use to create and edit lessons. You can use it without an Internet connection. On older versions a watermark appears on each lesson page if the computer on which you are running the basic version is not connected to a SMART Board. Starting with Version 22 of SMART Notebook, the software may not operate with a non-SMART Board.

SIGNED-IN SMART NOTEBOOK PLUS USERS

A subscription to SMART Learning Suite gives you access to SMART Notebook Plus features. Without a subscription, you can still get access to the basic version of SMART Notebook (see above).

CUSTOMER DATA COLLECTED AND PROCESSED

This section outlines what data is collected, processed, and disclosed from customers (purchasers, prospects, and SMART’s authorized channel partners). You can request, through our Customer Support, data and account deletion at any time, but we must retain all data relevant to purchases and financial transactions until it is no longer required by applicable law. The term “identifiable” used in the below chart does not necessarily mean personally identifiable information.

THIRD PARTIES

To the extent functionality is not directly provided or managed by SMART, such as single-sign-on (SSO) via Google and Microsoft, or videos on YouTube®, etc., you agree it is your responsibility to review and accept these third-party service providers’ terms and privacy policies.