Basic information on Data Protection
| Basic information on Data Protection | |
|---|---|
| Data Controller | Sistemas Virtuales de Aprendizaje, S.L. |
| Data Protection Contact |
Avenida María de Orueta (Urb. El Olivar), 14, 29140, Málaga |
| Websites and Applications |
https://www.smartick.com https://www.smartickmethod.com https://www.smartick.es https://www.discalculia.com https://www.leoteca.com https://www.smartick.es/blog/ https://www.smartick.com/blog/ Smartick iOS App Smartick Android App Including all your subdomains or sections. |
| Purposes and legal basis |
We will use your personal data, among other purposes, to manage your registration as a user, manage the provision of the contracted services, deal with your queries and, if you wish, to send you our personalized communications. We are entitled to process your data for different reasons. Primarily, the basis for this legitimacy lies in the performance of the service contract that you have concluded with us. In other cases, data processing may be based on our legitimate interest as a company or on the consent you have given us. If you would like to find out more about all the purposes for which we process your data or the grounds on which we do so, please see below. |
| Recipients |
We will share your personal data with service providers who help or support us, or those with whom we have a legal obligation. |
| Data subjects Rights | You have the right to access, rectify, delete, oppose, request restriction or portability or not to be subject to automated individual decisions regarding your personal data, as explained in detail below. |
| Further information |
Further information Further information about the Website can be found at: |
In accordance with Regulation (EU) 2016/679 of the Parliament and of the Council of April 2016 on the protection of natural persons with regard to the processing of your personal data and Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights , Smartick informs you of the following:
This document contains information about how we collect, process, and protect your data, and how we guarantee your rights in relation to its use and access.
At Smartick we consider it vitally important to protect your right to privacy and the protection of your personal data, which is why we want to ensure that you feel safe at all times.
In our activity, we process and collect your data in a lawful, fair, and transparent manner, for specific, explicit, and legitimate purposes. Smartick will not process your data for purposes incompatible with these purposes.
Furthermore, they will be adequate, relevant, and limited in relation to the purposes for which they are used, accurate, will be kept as long as necessary, and Smartick will adopt appropriate technical or organizational measures to ensure their security.
Please read this document carefully to learn more about our Privacy Policy.
On the occasion of your relationship with us and the activities carried out, the following categories of personal data may be processed:
| Data Category | Further Information |
|---|---|
| Identifying data, such as name, surname, nationality, or date of birth. | Identifying data can be provided either by the interested party or by a third party in the registration process or provided by the educational entity responsible for the implementation of Smartick. This data is used to create your user profile whether you are a parent, tutor, teacher, or child, and gives you access to the platform |
| Contact details, such as e-mail, telephone, or address. |
Contact data is used to establish a communicative relationship with the user, authenticate your profile, and send you usage statistics or surveys. Also when Smartick allows primary and secondary parents to recommend their friends to visit the Smartick website. |
| Geolocation data, such as region or web addresses | Geolocation data allows us to offer you appropriate services according to your geographic location, prevent possible frauds as well as serve us for the elaboration of statistics for internal use, always counting on an adequate basis of legitimacy. |
| Browsing data, such as unique ID, IP address, language or cookies. | Browsing data is automatically collected through browsing. If you want to know more about which cookies we collect and for what purposes, please see our cookie policy |
| Financial data, such as invoicing data | Financial data is used to manage the billing and collection of payments for the services contracted with us, as well as to comply with legal obligations related to fraud prevention. |
| Details of special educational needs (if you choose to provide this information in the registration process). |
In the registration process, you have the option of providing information about special learning needs. This information, which will always be collected with your express consent, will then be used to adapt the level of learning to the needs described, in accordance with the information provided, and will not be used for other purposes incompatible with that purpose. |
| Preference and opinion data, such as from surveys, preferences, or comments (such as the Smartick blog). |
The preferences and opinions data allow us to improve the quality of the products and services we offer to our users thanks to the information provided by them through the different channels. The data received by Smartick for subscription and interaction on the blog are used to manage the subscription to the blog, as well as to receive, publish and, where appropriate, moderate the comments that are published. |
| Employment data, such as teaching position or CV. | Employment data is necessary for recruitment processes. |
As part of the service, Smartick allows students to connect with each other through the Social Club as well as to access limited information about other students by allowing a student to consult, through an internal search engine, the user name provided in the registration of the other students. The parents of the students, whether they are the primary or secondary parent, can limit these accesses from their account on the Website.
Likewise, Smartick allows the communication to the main parents and secondary parents of each student of the data relating to the evolution of such students and the aforementioned search function, and also that the main parents and secondary parents can recommend their friends to visit the Smartick web page.
The legal basis for the processing of the above data is the execution of the corresponding contracts or, where applicable, the legitimate interest of Smartick in offering its services, and in the case of recommendations, it shall be the consent of the data subjects.
The aforementioned personal data may come from the data subject himself, from a third party who communicates it to us with his consent, or, in the case of minors, from his legal representative or volunteer. We also obtain data from third parties who provide us with their services.
As a user, you guarantee that the personal data provided to Smartick are truthful and accurate, and you undertake to communicate any changes to them if necessary.
Smartick will process your data for specific, explicit, and legitimate purposes in accordance with any information provided. Depending on the different products or services you use at any given time, we will need to process some data or others, for example, when registering on our website or contracting one of our services.
Smartick will take into account the principle of data minimization and will collect and process the data that is necessary and relevant for the purposes set out below.
In line with the above, our basis of entitlement will depend on the type of information and may be, among others, the provision of the contracted service, your consent, or legitimate interest (the specific basis of entitlement for each purpose is detailed below).
| Purpose | Description |
|---|---|
| Statistical purposes and usability and quality analysis for the improvement of our services. |
The database is analyzed to generate statistics of interest to the sector, but no specific data of any data subject is used for this purpose. Personal data will be used to carry out statistics, but we will take measures to prevent it from being specific or identifiable to users, such as anonymization. We will process your browsing data for analytical and statistical purposes, i.e. to understand how users interact with our Platform and with the actions we may take on other websites and apps and thus be able to make improvements. |
| Sending commercial communications to customers | Provided you have given us your consent, we will process your data for promotional and advertising purposes about our services. |
| Sending commercial communications related to products or services already contracted. | We may send commercial or advertising communications to the customer related to the products already contracted, provided that you have a contractual relationship with us and they are related products. |
| Adapting services to special educational needs | In case you have chosen to provide this information in the registration process, we will adapt the methodology and exercises to the special educational needs, in order to adapt them to each specific need. |
| Compliance with legal obligations | It may be necessary for us to process your data in order to manage and comply with applicable legal requirements. |
| Formalisation and execution of the contract | Personal data will be processed for the purpose of managing and executing the contractual relationship to which it relates. |
| Management of registration and access to the platform | We need your personal data to provide you with the service of using the platform once you want to formalize your relationship with us. In addition, we will process your credentials to give you access and authenticate your identity to ensure that no unauthorized access occurs. |
| Attention to requests or requests made through the Customer Service or support channels. | We only process personal data that is strictly necessary to manage or resolve your request or inquiry. These will be used to contact you, check your query, and respond to it. |
| Interactions and comments on the Blog | The data received by Smartick for subscription and interaction on the blog are used to manage the subscription to the blog, as well as to receive, publish and, where appropriate, moderate the comments that are published. Smartick will reply to the user's comment or request, as appropriate. |
| Security and fraud prevention | Personal data may be processed to ensure web security and prevent fraud, such as detecting and preventing illegal activities and monitoring suspicious activities. |
| Human Resources Management | We may process employment data for the management of applications and recruitment as part of our recruitment processes. |
| Provision of educational services | We use the personal data provided for them to provide teaching according to their language, particular needs, and academic year, where necessary. |
| Communication with parents or legal guardians | We may use the contact details of parents or legal guardians to send non-commercial communications regarding the child's platform or performance. |
The legal bases that allow us to process your personal data in accordance with the legislation in force are those detailed below:
| Purpose | Legal Bases |
|---|---|
| Statistical purposes and usability and quality analysis for the improvement of our services. | The processing is based on the legitimate interest of the controller. |
| Sending commercial communications to customers | The processing is based on the legitimate interest of the controller. |
| Sending commercial communications related to products or services already contracted. | The processing is based on the legitimate interest of the data controller, in accordance with Article 21 of the LSSI, which authorises it when there is a prior contractual relationship, and the provider has lawfully obtained the recipient's contact details and uses them to send commercial communications relating to products or services of its own company that are similar to those initially contracted with the customer. |
| Adapting services to special educational needs | The processing is based on your consent by providing them in the registration process and agreeing to their processing. |
| Compliance with legal obligations | Processing necessary to comply with the legal obligations deriving from the legislation in force applicable to the controller |
| Formalisation and execution of the contract | Processing necessary for the performance of a contract to which the data subject is a party |
| Management of registration and access to the platform | The processing of data is necessary for the proper performance of the contract. |
| Attention to requests or requests made through the Customer Service or support channels. | The processing of data is necessary for the proper performance of the contract. |
| Interactions and comments on the Blog | The processing shall be based on the performance of the contract or, where applicable, on the legitimate interest of the controller. |
| Security and fraud prevention | The processing is based on the legitimate interest of the controller. |
| Human Resources Management | The processing is based on the legitimate interest of the controller and compliance with the legal obligations arising from the legislation in force applicable to the controller. |
| Provision of educational services | Processing necessary for the performance of a contract to which the data subject is a party and also the consent of the data subject |
| Communication with parents or legal guardians | Processing necessary for the performance of a contract to which the data subject is a party |
In relation to the sending of commercial communications and in accordance with Law 34/2002 on Information Society Services and Electronic Commerce (LSSI), Smartick will not send advertising or promotional communications by e-mail or any other equivalent means of electronic communication that have not been previously requested or expressly authorised by the recipients of the same.
However, the provisions of the previous paragraph shall not apply when we have a contractual relationship with you, provided that we have lawfully obtained your contact details and we will use them to send you commercial communications concerning Smartick products or services that are similar to those that were initially contracted by you.
In any case, Smartick offers the interested parties the possibility of opposing the processing of their data for promotional purposes by means of a simple and free procedure, both at the time of collecting the data and in each of the commercial communications sent to them.
In relation to the recipients of personal data, we inform you that Smartick takes the necessary measures to ensure compliance with the principles of data protection and privacy with the third parties with whom it maintains your relationships, and that its main purpose is to comply with the duty of care in such activities.
The communication of personal data to third parties is subject to adequate data protection measures and is based on an appropriate legal basis. Smartick ensures that third parties with whom it shares personal data comply with applicable data protection laws and regulations and implement appropriate data protection and security measures to ensure the privacy and security of personal data.
In order to fulfill the purposes indicated in this Privacy Policy, it is necessary that, on certain occasions, third parties provide us with support in the services we offer.
Among these third parties, depending on their nature, we can find:
Personal data provided by the user will be retained for the time strictly necessary to fulfill the purposes for which they were collected, unless a longer retention period is required or permitted by law.
In general, they will be kept for as long as there is a contractual relationship with the user and for a limited period of time since the last interaction with the company.
Personal data will be deleted or anonymised when they are no longer necessary or relevant for the purposes for which they were collected and are not subject to any legal obligation of retention, and Smartick will always take into account the principle of limitation of the retention period.
Smartick recognizes and guarantees the exercise, free of charge in the cases established in current legislation, at any time and in an effective and accessible manner, of the following rights:
Furthermore, in the event that the processing of personal data by Smartick is based on consent, in accordance with article 7 of the RPGD, you will have the right to withdraw such consent at any time, without affecting the lawfulness of the processing based on the consent prior to its withdrawal, being as easy to grant as to withdraw it.
However, as stated by the Spanish Data Protection Agency , this right does not apply where this is necessary for the conclusion of a contract between you and the data controller, or where the processing of your data is based on your previously given consent.
Furthermore, Smartick informs you that, by virtue of the provisions of article 77 of the General Data Protection Regulation (GDPR), you have the right as a data subject to lodge a complaint with the Spanish Data Protection Agency if you consider that the processing of personal data by us infringes the said Regulation.
You can find more information about your rights at the following link .
Any interested party wishing to exercise any of the rights described above may do so by sending an e-mail to the following address: [email protected].
In accordance with the recommendations established in current legislation and the guidelines of the Spanish Data Protection Agency , we inform you that in the case of minors under 14 years of age, the exercise of these rights will always be carried out by the person with parental authority or by your guardians, and that those over 14 years of age may exercise them fully following the indications described in this section.
The Spanish Data Protection Agency provides you with updated information so that you are always fully aware of your data protection rights.
Smartick is an online learning method with artificial intelligence that manages to adapt in real time to the pace and learning capacity of each student.
On this point, we inform you that according to Article 22 of the GDPR, every data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects on him or her or similarly significantly affects him or her.
Therefore, such situations shall only be allowed where they are necessary for the conclusion or performance of a contract between the data subject and a controller, where authorised by Union law, or where it is based on the data subject's explicit consent.
The use by Smartick of the artificial intelligence described above does not have any negative consequences for the data subject, since the main purpose is to recognise the level of each user and to readjust the contents for autonomous, gradual and frustration-free learning.
Smartick, in accordance with the GDPR and the guidelines on this matter, complies with the requirements imposed by the same, with the principles of lawfulness, fairness and transparency, and therefore intends through this policy to comply with its duty of information, as well as to provide meaningful information on the logic applied, its significance and the expected consequences of this processing for the data subject.
Smartick is committed to implementing and maintaining appropriate technical and organisational security measures to protect personal data against destruction, loss, alteration, unauthorised disclosure or unauthorised access. Security measures include, but are not limited to, data encryption, restricted access to personal data, implementation of strong password policies, backups and regular security assessments. In addition, training and awareness training is provided to our staff in relation to personal data protection and information security.
However, it is important to bear in mind that no security measures are completely foolproof and that no system can guarantee absolute security of personal data.
Therefore, we cannot guarantee that personal data is completely secure and we disclaim any liability for any security breaches that may occur, without prejudice to complying with our legal obligations regarding data breaches.
Smartick informs users that, for the processing of the data of persons under 14 years of age, as stipulated by the Spanish Data Protection Agency , when data is collected and processed in response to consent, it must be taken into account that consent must be express and must be given by your parents or guardians.
The processing of personal data of children under 14 years of age will be based on the express consent given by your parents or legal guardians.
Those over that age can themselves give consent for your data to be collected, except in those cases where the law requires them to be assisted by their parents or guardians.
As the data controller, Smartick will make reasonable efforts to verify that consent was given or authorized by the holder of parental or guardianship over the child, taking into account the technology available under Art. 8.2 of the GDPR.
In this sense, and with the intention of complying with the principle of transparency, we would like to inform you, in accordance with articles 45 and 46 GDPR, that in the event that Smartick transfers personal data that are or will be processed after transfer to a third country or international organization, it will comply with and implement the guarantees set out in the legislation in force to ensure that they are in line with the rights of the data subjects, provided that they are carried out.
Smartick may update and modify our Privacy Policy at any time and whenever we deem it appropriate to accurately reflect our privacy practices.
In this regard, we recommend that you consult this Privacy Policy frequently so that you can be aware of any changes or modifications.
If you have any questions about our Privacy Policy, you can contact us at: [email protected].
In a brief manner, we would also like to inform you that we use cookies to facilitate your navigation on the Platform and to understand how you interact with Us. Please read our Cookie Policy to learn more about the cookies we use, their purpose, and other information of interest.