Effective Date: July 7, 2020
This Policy applies to SantaTime’s Sites and Products that link to or reference this Policy. This Policy describes how SantaTime collects, uses, shares, and otherwise processes Personal Data, as defined in the section below, and the choices available to you regarding: (1) how we collect, use, and access your Personal Data; and (2) how to confirm your Personal Data is updated, corrected, and/or deleted. Additional terms and information about SantaTime’s Personal Data handling practices may be provided in offer descriptions, supplement statements, or contract terms, or notices provided prior to or at the time of information collection.
C. Definition of Personal Data
“Personal Data” is any information that can be used to identify an individual, and may include, but is not limited to, for example, name, address, email address, phone number, login information (account number, password), marketing preferences, social media account information, IP addresses, location data (if combined with other identifiers), personal identification numbers (passport numbers, social security numbers, etc.), photos, video footage with your likeness, audio recordings, payment card number, criminal record, educational and professional records, and any form of biometric, health, genetic, racial, ethnic, religion, political affiliation, gender-based, sexual preference, age-related, or other identifying personal data. If we link other data with your personal information, we will treat that linked data as Personal Data. We may also, from time to time, collect Personal Data from trusted third-party sources and engage third parties to collect Personal Data to assist us.
Our Sites may contain links to other websites, applications and services maintained by third parties. The information practices of such other services, or of social media networks that host our branded social media pages, are governed by third parties’ privacy statements, which we encourage you to review to better understand those third parties’ privacy practices. We have no control over such third parties’ privacy statements or practices.
SantaTime acts as a “data controller” (defined terms used that are not otherwise defined in the Policy are defined terms used in the EU General Data Protection Regulation (“GDPR”)). For more information on the GDPR, please go to https://gdpr-info.eu/.
D. Collection and Use of Your Personal Data
We may collect a variety of information, including Personal Data, about you as you use our Sites and Products and interact with us. For a complete listing of the Personal Data we typically collect and how we use it by Site and Product family, please download the SantaTime Personal Data Usage (PDF) document. A summary of what we collect and how we use the Personal Data associated with our Sites and Products is compiled for your convenience below.
1. Personal Data Collected on Sites
We use common information-gathering tools, such as log files, embedded web links, web beacons, and cookies, to automatically collect certain standard information that your browser sends back to our Site(s). Examples include:
- Browser type and version
- Address of the website from which you arrived at our Site
- Your Internet Protocol (IP) Address
- Clickstream behavior, meaning the pages you view and the links you click.
These tools help make your visit to our Sites easier, more efficient, and more valuable by providing you with a customized experience and recognizing you when you return.
2. Mobile Application(s)
If you use one or more of our mobile application(s) (a “Mobile App”), we may collect information about the device on which the Mobile App is installed such as a device identifier (IMEI or UDID), subscriber identifier, mobile phone number, device name, type, and manufacturer, operating system type and version, wireless carrier, network type, country of origin, and IP address. We may also collect location data from the GPS on your device.
3. Personal Data Provided at Programs and Events
These types of events include in-person and web-based conferences, speakers’ series, and other in-person as well as virtual gatherings (collectively, “events”). If you register for one of our events, we will collect your name, telephone number, address, email address and select other information, which we will store in our database(s) and use to provide you with information and services associated with the current and future events, and our Sites and Products.
4. Personal Data Provided in Correspondence with SantaTime
If you correspond with us by email, the postal service, or other form of communication, we may retain the correspondence and the information contained in it and use it to respond to your inquiry and to keep a record of the complaint, accommodation, or other request.
If you ask us not to contact you by email at a certain email address, we will retain a copy of that email address on our “master do not send” list in order to comply with your no-contact request.
5. Personal Data Provided to Process Payment
You may purchase Products using a payment card. Payment card information may be provided via a Site, Mobile App, or authorized third party payment site, into the PCI/DSS-compliant payment processing service(s) to which we subscribe. We do not process or store the card information.
6. Use of Google Analytics and Other Backend Analytics Tools
We use Google Analytics, a service that transmits our Site traffic to Google servers in the United States of America. Google Analytics does not identify individual users or associate your IP address with other data held by Google. We use reports and data provided by Google Analytics and other website traffic tracking services to help us understand our Site traffic trends and usage. For more information regarding how Google collects and processes data, please visit www.google.com/policies/privacy/partners.
7. Do Not Track Option
Some web browsers may give you the ability to enable a “do not track” feature that sends signals to the Sites you visit, instructing that you do not want your online activities to be tracked; however, these features are not uniform and there is no common standard that has been adopted by industry groups, technology companies or regulators. Be aware that this is different from blocking or deleting cookies, and that browsers with “do not track” features enabled may still accept cookies. SantaTime takes privacy and meaningful choice seriously. We continue to monitor developments related to “do not track” browser technology and the implementation of a standard. While Sites do not currently recognize and respond to “do not track” signals, if we do in the future, we will update this Policy to describe.
8. SantaTime Cookies Statement
To learn more about how to update your choices in relation to cookies and other web browsing technologies, please go to the SantaTime Cookies Statement.
9. Personal Data Use Summary
Personal Data you provide to us is used either to respond to requests that you make or to aid us in serving you better. For a more complete listing of the type(s) of Personal Data we typically collect and how we use it by Site and Product family, please see the SantaTime Personal Data Usage (PDF) document. A summary of the ways we may use your Personal Data is set forth below:
- To deliver the Products and services you request;
- To manage your accounts and maintain our business operations;
- To identify you as a user and allow you access into our Sites;
- To optimize and improve our Sites, Products, and services;
- To protect the security and effective functioning of our Sites and information technology systems;
- To send you administrative email notifications;
- To contact you, and to respond to and track progress of your inquiries;
- To detect, investigate, and prevent illegal or non-compliant activities;
- To address our compliance and legal obligations and exercise our legal rights;
- To make phone calls to you, from time to time, to solicit feedback or provide secondary fraud protection; and
- To send you marketing information, product recommendations, newsletters, and other non-transactional communications about us, our subsidiaries and other related companies, affiliates, sponsors, and business partners (collectively, “Affiliates”) for purposes of conducting legitimate direct marketing. Please see “Your Rights and Choices Regarding Your Personal Data” to learn how you can control the processing of your Personal Data by SantaTime for marketing purposes.
E. Sharing Your Personal Data with Third Parties
We may share your Personal Data with third parties for the purposes of operating our business, delivering, improving, and customizing our Sites and Products, sending marketing and other communications related to our business, and for other legitimate purposes permitted by applicable law or otherwise with your consent. We may share Personal Data in the following ways:
- Within SantaTime and with any of our Affiliates for purposes of data processing, research and development, storage, and/or marketing;
- With Affiliates, service vendors, or contractors to provide requested Site content or enhancements, a Product, a service or a transaction. Examples include, but are not limited to: processing of orders and credit card transactions, hosting websites, customer relationship management, assisting with sales-related efforts or post-sales support, delivering Products or services, and providing customer support;
- With service vendors focused on the provision, payment, and auditing of employee, vendor, and contractor benefits;
- With search engine, web analytics, and survey providers engaged to track trends and other statistics to enhance the user experience;
- In connection with, or during negotiations of, any merger, sale of SantaTime assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or to another company;
- In response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation or legal process;
- With law enforcement officials, government authorities, or other third parties as necessary to comply with legal process or meet national security requirements; protect the rights, property, or safety of SantaTime, its business partners, you, or others; or as otherwise required by applicable law.
- In aggregated, anonymized, and/or de-identified form which cannot reasonably be used to identify you; and/or
- If we otherwise notify you and you consent to the sharing.
F. International Transfers of Your Personal Data
SantaTime is headquartered in the United States and Personal Data we collect from you will be processed in the United States. The United States has not sought nor received a finding of “adequacy” from the European Union under Article 45 of the GDPR. We aim to collect and transfer Personal Data only: (i) with your consent; (ii) to perform a contract with you; or (iii) to fulfill a compelling legitimate interest in a manner that does not outweigh your rights and freedoms.
By providing us with your Personal Data, you acknowledge and agree that we may from time to time transfer any of your Personal Data to any of our offices, agents, partners, or appointed representatives located around the world. We are implementing appropriate safeguards for transfers of Personal Data originating from the European Economic Area (EEA) to countries located outside of the EEA. Please do not submit any Personal Data to us if you do not wish for your data to be transferred internationally.
G. Your Rights and Choices Regarding Your Personal Data
SantaTime encourages you to keep your Personal Data accurate and current. In addition, you have the right to ask us not to process your Personal Data for marketing purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data, clicking the unsubscribe button on any communication we have sent to you, or by contacting us. Please note that some of our Sites and Products may require our legitimate collection, storage and use of your Personal Data, and such Sites and Products may not be available if you are unwilling to provide the necessary Personal Data.
Where you have consented to allow us to use your Personal Data, you can withdraw that consent at any time. If the information we hold about you is inaccurate or incomplete, you can notify us and ask us to correct or supplement it. You may request that we erase that Personal Data or cease processing it, subject to certain exceptions. You also have the right, with some exceptions and qualifications, to ask us to provide a copy of any Personal Data we hold about you.
You may also request information about: (i) the purpose of the processing; (ii) the categories of Personal Data concerned; (iii) who else other than SantaTime might have received the Personal Data; (iv) what the source of the information was (if you didn’t provide it directly to us); and (v) how long it will be stored.
Where you have provided your data to us and it is processed by automated means, you may be able to request that we provide it to you in a structured, machine readable format.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to enable us to deal with your request or to speed up our response.
Reasonable access to a record of your Personal Data will be provided at no cost on request made via our data request link. We may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive; alternatively, we may refuse to comply with your request(s) in these circumstances. If access cannot be provided within a reasonable time frame, we will provide you with an estimated date when a record of the Personal Data will be provided. If for some reason we cannot supply you with a record of the Personal Data we have collected, used, and/or stored, we will provide an explanation as to why we cannot provide the record.
If you have a complaint about how we have handled your Personal Data, you may be able to ask us to restrict how we use it while your complaint is resolved. In some circumstances you can ask us to delete your Personal Data:
- by withdrawing your consent for us to use it;
- if it is no longer necessary for us to use your Personal Data;
- if you object to the use of your Personal Data and we do not have a good reason to continue to use it; or
- if we have not handled your Personal Data in accordance with our obligations.
H. Security of Your Personal Data
It is our goal to protect the Personal Data entrusted to us and treat it securely in accordance with this Policy. We implement various physical, administrative, and technical measures designed to protect your Personal Data from unauthorized access, use or disclosure. We contractually require our critical vendors to protect such information from unauthorized access, use and disclosure. We restrict access to your Personal Data to those who need to know that information to provide Products or other benefits to you. In addition, our employees are required to maintain the privacy and security of your information. We commit to taking appropriate disciplinary measures to enforce our employees’ privacy responsibilities.
We require you to enter a password to access Personal Data associated with your SantaTime account. Please do not disclose your account password to unauthorized people. Note, however, that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we use reasonable efforts to protect your Personal Data, we cannot ensure or warrant the security of any Personal Data you provide to us.
I. Retention of Personal Data
We will retain your Personal Data for the period required to fulfill the purposes for which it has been collected. These purposes may include the need to fulfill various commercial and legal requirements. Key requirements driving the need for collection, analysis and storage of Personal Data may include, for example:
- Business strategy;
- Current and prospective customer outreach;
- Resource planning;
- Legal compliance;
- Financial reporting;
- Dispute resolution; and/or
- Asset protection and agreement enforcement.
Your Personal Data is stored by SantaTime on servers of the cloud-based database management services we engage, located primarily in the United States. Unless you request otherwise, we will retain data for the duration of your business relationship with us or for as long as is required by law. For more information on where and how long your Personal Data is stored, please contact us here.
J. Children’s Privacy
We encourage parents and guardians to take an active role in their children’s online activities. We do not knowingly collect Personal Data from minors under the age of thirteen (13) without appropriate parental or guardian consent. If you believe that we may have collected Personal Data from someone under the applicable age of consent in your country without proper consent, please let us know using the methods described in the “How to Contact Us” section and we will take appropriate measures to investigate and address the issue promptly.
Protecting Children’s Privacy
Certain of our Sites and Products are intended for children under 14, with the consent and oversight of a parent, as explained below. An adult with a verified email address must create an account before permitting a child to access and use the Sites and Products. Please contact us at the following data request link if you believe we have inadvertently collected information from a child under 14 without consent from a parent or guardian so that we may delete the information as soon as possible.
The following applies when a child uses the Sites and Products with a parent’s consent and oversight:
- What information do we collect? We collect the user name and age of a child provided by the parent. We collect usage information when a child or parent uses the Sites and Products, which we associate with the parent’s information. We do not collect other personal information from the child.
- How do we use this information? We use it to operate, personalize, maintain, enhance, and provide all of the features of our sites and Products. We do not use this information for marketing or advertising purposes.
- How do we share the child’s information? We share the information only with our service providers, our Affiliates, and otherwise as described in Section 1.E (Sharing Your Personal Data with Third Parties) above. We do not share the child’s information with third parties for their own purposes.
- How can a parent control the child’s information? The parent can change the child’s information at any time on a Site or in a Product. A parent should contact us at this data request link to permanently delete the child’s information from our systems.
School Use of Sites and Products
Some of our Sites and Products may be available for teachers, schools and school districts (collectively referred to as “Schools”) to use as part of the School’s educational curriculum. Such Sites and Products are designed to minimize the personal data collected and used, and we strive to implement best practices to protect the privacy of all of our users.
Our privacy controls and procedures include measures designed to protect personal information protected by child and student data privacy laws, including any data considered an “educational record” under the Family Educational Rights and Privacy Act (“FERPA”) and personal information of students under 13 consistent with the Children’s Online Privacy Protection Act (“COPPA”).
The following applies when a child uses the the Sites and/or Product for school use with the oversight of the child’s School:
- What student information do we collect? We ask the teacher to provide a user name for each child and information regarding the class grade. In order to protect children’s privacy, we recommend that teachers select a nickname or silly name, or use only the child’s first name, and do not use the child’s real name. We do not ask for or collect other personal information from the child. We collect usage information when a child uses a Site and/or Product, such as the time spent on the Site or Product, the features used, and progress made. We associate this information with the teacher’s account information, to help personalize the learning experience and track a child’s progress. We may also collect other information from the device(s) used to download and access the Site and/or Product (for example, IP address, the mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, preferred language) to customize the function and appearance of the Site and/or Product. We may also collect analytics data to help us measure traffic and usage trends for the Site and/or Product and to understand more about the demographics of our users.
- How do we use this information? We use it to operate, personalize, maintain, enhance, and provide all of the features of our Sites and/or Products. We do not use this information for marketing or advertising purposes.
- How do we share the child’s information? The teacher will be able to see information regarding the child’s use of the Site and/or Product in connection with the teacher’s class. Otherwise, we share the information only with our service providers, our Affiliates, and otherwise as described in Section 1.E (Sharing Your Personal Data with Third Parties) above. We do not share the child’s personal information with third parties for their own purposes or for marketing purposes.
- How can the School control the child’s information? The teacher can change the child’s user name at any time in the Site and/or Product. The School is responsible for managing Site and/or Product accounts that the School no longer needs for an educational purpose by removing the child from the class roster, deleting the class, or submitting a deletion request when such data is no longer needed for School purposes. Schools should contact us at this data request link to request deletion of personally identifiable information associated with the School’s use of our Sites and/or Products. Parents requesting modification or deletion of their child’s data in a School account will be directed to contact the School.
Parent Questions about School Use.
If the Site and/or Product are used on a personal device, the parent can view their child’s information (user name, general information, and activity) at any time in the Site and/or Product by logging into the child’s class account. The parent can delete the App from the child’s device at any time, but the child’s personal information (username and learning activities completed) will continue to be associated with the teacher’s class account until the teacher deletes such information.
If you are a parent, and you have questions about reviewing, modifying, or deleting your child’s personal information, or you have questions about your child’s use of our Sites or Products for school purposes, please contact your child’s teacher or school directly.
K. Changes to this Policy
We may revise this Policy from time to time. If we make any material changes to the way we intend to use your Personal Data, we will notify you by prominently posting the changes on our Sites. Changes will be effective no later than thirty (30) days following notification. You are responsible for making certain that we have your current email address on file. If the email address we have on file is invalid, our dispatch of the email to your last known email address along with posting the notice of material Policy changes on our Sites will constitute effective notice of the changes. If you do not wish to permit the changes in the use of your Personal Data, you must notify us prior to the effective date of the changes. Continued use of our Sites or Products following notice will indicate your acknowledgement of, and agreement to be bound by, the changes until such time as you notify us you would like to deactivate your account and/or have your Personal Data deleted as set forth in the “How to Contact Us” section of this Policy.
L. Additional Policies
Certain services and products provided by or through SantaTime may be subject to additional privacy terms or Personal Data disclosures (collectively, “Additional Policies”). In the event of any direct conflict between any Additional Policies and this Policy, the Additional Policies will control.
M. California Privacy Rights
The California Consumer Privacy Act (CCPA) requires businesses to disclose whether they sell Personal Data. As a business covered by the CCPA, we do not sell Personal Data. We may share Personal Data with third parties or allow them to collect Personal Data from our Sites if those third parties are authorized service providers or business partners who have agreed to our contractual limitations as to their retention, use, and disclosure of such Personal Data, or if you use our Sites or Products to interact with third parties or direct us to disclose your Personal Data to third parties.
California law requires that we detail the categories of Personal Data that we share or disclose for certain “business purposes,” such as disclosures to service providers that assist us with securing our services or marketing our Products. We disclose the following categories of Personal Data for our business purposes:
- Commercial information;
- Internet activity information;
- Financial information;
- Professional and employment-related information;
- Education information; and
- Inferences drawn from any of the above information categories.
California law grants state residents certain rights, including the rights to access specific types of Personal Data, to learn how we process Personal Data, to request deletion of Personal Data, and not to be denied goods or services for exercising these rights.
If you are a California resident under the age of 18 and have registered for an account with us, you may ask us to remove content or information that you have posted to our Sites. Please note that your request does not ensure complete or comprehensive removal of the content or information, because, for example, some of your content may have been reposted by another user.
We may need to verify your identity and place of residence before completing your CCPA rights request.
N. How to Contact Us
1. Questions about this Policy
Attn: Privacy Officer
6795 Edmond Street, Suite 110
Las Vegas, NV 89118
Phone: +1 (702) 670-2891
2. Contacting SantaTime to Request Access to Personal Data or to Report a Suspected Breach of Personal Data
- If you wish to engage your rights to access, correct, modify, or delete your Personal Data, please contact our technology team at https://aifoundation.com/privacy-and-data-access-request/
- If you want to report a suspected breach of your Personal Data, please contact our technology team here.
2. Cookies Statement
SantaTime takes your privacy very seriously, including your activities in browsing SantaTime owned or controlled websites and mobile application(s) (collectively, “Sites”).
A. What Cookies Does SantaTime Collect, and How Do You Use Them?
Cookies do lots of different jobs, like letting you navigate between web pages efficiently, remembering your preferences, and generally improving your experience on our Sites. They can also help to ensure that advertisements and content you see online are more relevant to you and your interests.
The cookies used on the Sites have been categorized based on function. Here are the main types of cookies we use, and why we use them:
Essential Cookies: These cookies are necessary in order to enable you to move around our Sites and use their features, such as accessing secure areas of our Sites. Without these cookie services, you may not have access to services you have asked for.
Performance Cookies: These cookies collect information about how you use our Sites. For example, they tell us which pages you visit most often, and if you receive any error messages from our web pages. These cookies do not identify you. All information they collect is aggregated and is, therefore, anonymous. We use these cookies to measure and analyze how our customers use our Sites and to improve their functionality and the user experience.
Functionality Cookies: These cookies allow our Sites to remember choices you make (such as your username, language, or the region you’re in) and provide enhanced, personalized features). These cookies can also be used to remember changes you have made to customizable parts of our Sites. The information these cookies collect may be anonymized and they cannot track your browsing activity on other websites.
Targeting Cookies: These cookies are used to deliver marketing and communications more relevant to you and your interests.
B. Managing and Deleting Cookies
We may, from time to time, partner with a third party to manage our advertising on our Sites. Our third-party partner may use technologies such as cookies to gather information about your activities on the Sites in order to provide you advertising based upon your browsing activities and interests.
Where our Sites include links to other websites, the privacy practices may differ from our own. If you submit Personal Data to any of those other websites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any website you visit.
Our site may also include social media features, such as the Facebook and Twitter buttons and widgets, or interactive mini-programs that run on our Sites. These features may collect your IP address, which page you are visiting on our Sites, and may set a cookie to enable the feature to function properly. Social Media features and widgets are either hosted by a third party or hosted directly on our Sites. Your interactions with these features are governed by the privacy statement of the company providing it.
Most web browsers allow some control of most types of cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.aboutcookies.org or www.allaboutcookies.org. If you are located in the European Economic Area (EEA), visit https://www.youronlinechoices.com/ for guidance in multiple languages regarding how to manage and delete advertising cookies. Please note that these reference sites are not owned, managed, or controlled in any way by SantaTime, and that visiting these sites will not constitute an opt-out of cookie collection and storage for the Sites.
To opt out of being tracked by Google Analytics across all websites, visit https://tools.google.com/dlpage/gaoptout.
We also use the information collected to maintain and upgrade our systems. Our technical staff may require periodic access to services data to monitor system performance, test systems, and develop and implement upgrades to systems. This services data will generally not include your Personal Data. Any temporary copies of services data created as a necessary part of this process are only maintained for time periods relevant to those purposes.
C. Changes to our Cookies Statement
We may change this Cookies Statement from time to time. If we make changes, we will notify you by revising the date at the top of this Statement and in some cases by adding notices on our homepage or other Sites or sending you email updates.
D. Contact Us
If you have any questions about our Cookies Statement you can contact us here.