Boom App
General Privacy Notice

Effective immediately, if this is the version that was presented to you and accepted by you when you joined.

1. Our Main Beliefs
   
   1. Practice makes progress.
   2. It is okay to make mistakes.
   3. Childhood mistakes should not follow you forever.
   4. You should understand how we use your information.
2. Who This Notice Is For
   1. This notice is for people who submit personally identifiable information to us using the Boom App and the features of the Boom Learning platform (collectively the “Boom App”), which includes the Boom Cards store. There are many ways to use the Boom App, including on the web, on devices, and inside a learning management system ("LMS").
   2. This notice is part of our Terms of Service and District Terms of Service. It incorporates (includes) other important documents.
      1. Kid-Friendly Privacy Notice
      2. Data Security and Privacy Plan
      3. Data Elements Disclosure
      4. Subprocessor Disclosure
      5. Consumer Privacy Protections Notice
      6. Non-US Data Subject Privacy Notice
      7. Cookie Policy for the Boom App
   3. Educators can link to these notices from the Educator’s website or include them in parent notices. Cookie Notices are shown in our cookie pop-ups. We have a training deck Educators can use with students regarding the Kid-Friendly Privacy Notice.
   4. If you are a Publisher, the Publisher Addendum to the Terms of Service modifies this privacy notice.
   5. If you interact with our sales team or marketing properties, or are an adult directly purchasing your Boom account, our Informational Site Privacy Notice also applies. We do not market to students.
3. We Provide You a Service
   1. What we do in the Boom App
      1. We are a service provider helping Educators:
         1. Create, share, license, sell licenses to, and assign Boom Cards digital learning resources.
         2. Get fast student progress reports generated by the Boom App to help you tailor your teaching.
      2. These comprise the Boom App. To provide the Boom App, we use personal information (called "Boom App User Data") that we receive. We sometimes refer to the Boom App User Data as two distinct categories:
         1. Adult Data: is personally identifiable information we receive from Educators, Publishers and District administrators (as those terms are defined in our Terms of Service).
         2. Student Data: is personally identifiable information we receive from students using the Boom App.
      3. Boom processes Student Data at the request of Educators. Educators must ensure they have permission from parents or guardians to create student accounts.
      4. An Educator (signing up as an individual) or an authorized person for an organization must accept the terms before setting up accounts for minor students. Organizations have access to and control over Educator Adult Data and Student Data associated with the organization.
      5. Parents and legal guardians who are homeschooling or after schooling their children are considered to be Educators using the Boom App.
   2. FERPA
      1. The Boom App as provided to U.S. schools is governed by the Family Educational Rights and Privacy Act (“FERPA”).
      2. Schools engage us to handle Student Data like their own staff would. Schools tell us how and when to process Student Data.
      3. We agree to use and maintain Student Data for legitimate educational purposes. We use Student Data for the purpose of fulfilling our duties, providing the services, improving services for Educators, and for nothing else.
      4. If you are outside the U.S., your applicable national or provincial rules govern how you should ask us to process Student Data on your behalf. You are responsible for knowing those rules and complying with them.
   3. COPPA
      1. "COPPA" is the Children's Online Privacy Protection Act.
      2. FERPA may determine how you obtain consent to process student's personal information.
      3. If FERPA does not apply to you, you must obtain consent from the student's parent or guardian before asking us to process Student Data for you.
      4. Educator accounts are for adults only. If we learn that a minor has created an Educator account, we will delete the account.
   4. HIPAA
      1. If you are a Covered Entity as defined by the Health Information Portability and Accountability Act ("HIPAA"), you must have consent from the patient to collect any protected health information ("PHI"). In our system, your patient data will be handled as we handle “Student Data” subject to the same protections, deletion schedules, and limitations.
      2. Do not use public rosters if you are a Covered Entity. You may contact us if you want to sign a Business Associates Agreement ("BAA") with us.
4. We Don't Sell Your Data
   1. We do not sell Student Data or Adult Data. We transfer Boom App User Data  to subprocessors to support our business operations and to law enforcement to comply with the law.
   2. If we sell our company, your information will be part of that sale or merger. The new company takes on all our obligations to you. We will tell you if we sell our company and give you the chance to delete your information before we transfer it to the new company.
   3. You can buy licenses for use of Boom Cards from a store that is not the Boom Store. If you do so, when you redeem the license for Cards, you must validate your purchase. The Publisher receives your validation information and may share it with others to determine if the redemption is legitimate or to take any legal action against a person who redeems without a license.
   4. See also our Consumer Privacy Protections Notice.
5. Contact Us
   1. Boom Learning is a trade name of Omega Labs Inc., a corporation based in Washington state.
   2. Email customer support
   3. Email sales for agreements
   4. Mailing address: 9805 NE 11th ST STE 7198 Kirkland WA 98034
   5. Customer service phone: 1-833-969-2666
6. Changes to This Notice and All Supplemental Notices
   1. We’ll tell you about changes in how we use your information that affect your rights or responsibilities before they go into effect through our email newsletter (subscribe to legal notices).
   2. We don’t bother you with notices about small updates (like reorganizing) that don’t change your rights or responsibilities.
   3. The English version of each notice or supplement is the official one. Translations are for convenience only.
7. What User Data We Collect and Share
   1. What We Collect and Self-Help
      1. See our Data Elements disclosure for the list of user data we collect. Some data elements are optional.
      2. Educators can manage Boom App User Data for themselves and their students using the tools we provide. We don't process Student Data without an Educator or District instruction to do so.
   2. Sensitive Data
      1. We don’t recommend that you use the Boom App to collect sensitive data from students. If you have a legitimate educational or therapeutic purpose to collect sensitive data, you must give notice and get permission from parents and legal guardians before collecting it.
      2. Sensitive data can include
         1. Sensitive government identifiers
         2. Political views
         3. Union membership
         4. Health, sex, or sexuality information
         5. Religious beliefs
         6. Protected relationships such as lawyers or ministers
         7. Criminal history
         8. Gun ownership
         9. Genetic or biometric data
      3. If you use Boom Cards to collect Sensitive Personal Information about a child, you are giving us permission to process it.
      4. You must have legal authority and consent to gather this information. Check Boom Cards before using them to make sure they collect only what matches the consent you have obtained.
      5. You can delete student play logs to remove any Sensitive Personal Information
   3. What We Keep
      1. We retain certain information we need for operating our services, complying with law, and administering our business, like
         1. Contact information for each customer for billing purposes
         2. Boom Cards decks you've sold or shared
         3. Security logs including IP Addresses of our visitors
         4. Payment history and tax records
         5. Customer service contact records
         6. Information on a litigation hold
   4. Who Sees Student Data
      1. Turning on the classroom roster in the Boom App displays student nicknames to all students on the roster and any parents or volunteers who observe the roster. The roster is off by default.
      2. Student Data may be shared in the Boom App with
         1. the student
         2. the Educator who created the student
         3. the Educator's employer or colleagues
         4. parents and legal guardians who view the student dashboard
         5. contract support, such as tutors, with whom the student has been shared by the Educator who create the student account
8. Your Data Rights and Data Deletion
   1. Parents and Students: Parents and students can view Student Data through the student dashboard or by asking the Educator. We are not permitted to release information to a person other than an Educator or their employer unless you can provide us with proof of a direct legal right of access. You will also be required to prove you are who you say you are. We will refer you to your Educator, who can contact us for assistance.
   2. Other adults: Adults can ask what personal information we have about them. You must prove you are who you say you are and that you have permission to access the data (either that it is your own data or you are an authorized agent).
   3. Data deletion: You have the right to have your personal data deleted from the Boom App when you are no longer using it. We provide self-help tools for deletion. We hold Student Data on behalf of Educators pursuant to our contracts with Educators. Educators are primarily responsible for managing and deleting Student Data.
      1. Automated deletion: If an Educator or District fails to delete data, certain events will trigger automated deletion. In any event, no later than 3 years after a student lasts logs in, the Student Data will be deleted, even if the Educator or District account is still active. In most cases, deletion will happen sooner. Details of our approach to Student Data deletion are set forth in our Data Privacy and Security Plan.
      2. To preserve Student Data for your internal records, please use our export tools. Boom Learning is not designed or intended to be a record retention service.
9. Exercising your rights: If you need help exercising your rights, contact us.
   1. You can have an agent contact us, but we will need proof that the agent is authorized to act for you.
   2. If you are unable to help yourself, we will need proof of identity and connection to the account before acting on your request.
10. Subprocessors
    1. We share some data with helpers (subprocessors). You can read about them in our Subprocessor Disclosure.
    2. If you use Google Add-On, we follow the Google API Services User Data Policy, including the Limited Use requirements, for handling your data.
    3. We cannot serve you if you tell us we cannot use our subprocessors.
11. Security: Our Data Privacy and Security Plan includes our policies on security incidents, backups, deletion, encryption, and more. It also includes your responsibilities regarding the security of student data.
12. Ads and Promotions
    1. We do not intentionally advertise or market to students.
    2. We provide Educators with training, best practices, and resource recommendations based on the Educator choices made for the populations they serve. You agree that we may inform Educators of training opportunities, specific Boom Cards, or Boom App features or functionality.
    3. Offers made to prospective purchasers at conferences, on our landing and blog pages, and on social media are covered by our separate Informational Site Privacy Policy.
    4. Educators who purchase accounts directly are opted in to Boom special offers and those messages are covered by the Informational Site Privacy Policy. See that policy for how to opt out.
    5. Educators whose accounts were purchased by a school or organization must opt in to receive special offers.
    6. Administrators of organizational accounts may contact our sales team to ask about discounts or special offers available to them.
13. Legal Requests
    1. We comply with requests for data from authorities with a lawful right of access.
    2. If we are asked to disclose your Adult Data or Student Data, we will direct the requestor to you to get your consent.
    3. If we are compelled by law to give out your data without waiting for your consent, we will notify you and provide you with a copy of the request unless prohibited from doing so.
    4. If a legal authority is asking for information about a student, you agree to notify the student’s legal guardian.
14. Users Based in Europe: Customers in the EU, UK, and Switzerland, please click to read our Non-US Data Subject Privacy Notice,  which includes our commitment to comply with Data Privacy Frameworks that apply to you.
15. Student Data Privacy Alliance: We are members of the Student Data Privacy Alliance. You can upload an Exhibit E to the alliance or contact our sales team to provide you with a standard agreement. Non-member schools can use an alliance agreement provided by us because we are members. Negotiated privacy agreements are only available to customers who purchase organization accounts.

Archived versions available on request.