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Non-US Data Subjects

UK-GDPR Certification: Art 27 representation by Prighter
powered by Prighter
GDPR Certification: Art 27 representation by Prighter
powered by Prighter

Privacy Notice

Modified on: May 8, 2025

Effective Date: July 1, 2025

  1. Purpose: This notice supplements our General Privacy Notice for users who are not based in the United States. In the event of a conflict between our General Privacy Notice and this Non-US Data Subjects Privacy Notice, this notice will prevail.
  2. Data Is Exported to the United States: We transfer personal data you provide or that we collect from you (or your organization) to the United States. We store personal data in the United States. “ You” are an adult based outside the United States who provides educational or therapeutic services to students using an online service from Boom Learning.
  3. Legal Justification:
    1. We process data for you under a contract you have with us.
      1. For individuals that contract is our Terms of Service.
      2. For organizations that contract is our Entity Terms of Service or a negotiated agreement.
    2. If you use the Boom services with students or patients, we process their data on your behalf. You are the data controller with regard to student or patient data submitted to our services. We are the data processor, meaning we follow your instructions and use the data in support of your use of our services for your educational or therapeutic purposes.
    3. When you use Fastplay Pins, you do not export or transfer data to us. Other modes of use for the Boom App do export/transfer data to our systems hosted in the United States. You agree that you will obtain any required consents for data collection and export of data required for use of our service by your students. We process the data you export to us as described in our General Privacy Notice.  
  4. Data Subject Rights: Your privacy rights include:
    1. the right to your information,
    2. the right to be forgotten,
    3. the right to portability,
    4. the right to access,
    5. the right of correction,
    6. the right of deletion and erasure,
    7. the right to restrict processing,
    8. the right to object to the use of your data, and
    9. the right to ask that decisions based on your data be made by humans rather than automated processing.
  5. Rights Specific to EU, UK, and Swiss Data Subjects: If you are a data subject u nder the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, or the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF), you have choices and specific rights that we will honor including the rights to :
    1. Obtain a copy of your personal data.
    2. Know the purposes for which your personal data is being processed.
    3. Know the categories of personal data being processed.
    4. Know the recipients or categories of recipients of your personal data.
    5. Know the period for which your personal data will be stored.
    6. Rectify, erase, or restrict processing.
  6. International Dispute Resolution: We process your data to fulfill a contract with you or with an educator or healthcare provider who is providing services to you. If you are not the account holder, please contact the provider who is using Boom as part of the services they provide you. If they do not help you, please contact us. We commit to resolving complaints you have about our collection or use of your data. 
    1. Representative for Data Subjects in the EU, UK, and Switzerland: We have also appointed the Prighter Group as our privacy representative. If you want to contact us via our representative, please visit our  Prighter Compliance Site . Prighter makes it easy to exercise your privacy rights.
    2. JAMS International Arbitration Option:

      We refer unresolved complaints to  JAMS , an independent dispute resolution body. If we don’t acknowledge your complaint or address it to your satisfaction, please  file a complaint or request more information .  JAMS  has locations in the UK and US and online. JAMS will apply the JAMS International Arbitration Rules. Online mediation is also an option. The services of JAMS are provided at no cost to you.

    3. Data Privacy Framework Participation: We comply with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce.
      1. We have certified to the U.S. Department of Commerce that we adhere to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) regarding the processing of personal data received from the E U and the U K in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF.
      2. We have certified to the U.S. Department of Commerce that we adhere to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) regarding the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF.
      3. If there is any conflict between the terms in our privacy notice and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern.
      4. Learn more about the Data Privacy Framework (DPF) program and view our certification.
      5. We are subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). We remain responsible for the personal information we transfer to others who process it on our behalf. If you have a question, concern, or complaint about our compliance or your rights, you can contact us. We will review your request considering applicable laws. You may have a right to invoke binding arbitration.
  7. Your Country May Limit Your Rights: The laws of your country may give your government rights over your data. Some countries provide less protection than our  General Privacy Notice. These laws may override that notice with respect to service received in your country. When you sign up for a Boom Learning account, you agree to this fact.

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