10: INTERNATIONAL TRANSFERS
The Personal Information we collect may be transferred to and stored by us or our service providers in countries outside of the jurisdiction you are in where we and our third-party service providers have operations, including in the United States and in any province in Canada.
Information for schools and users in the EEA or UK
In the event of a transfer outside of the EEA / UK, we ensure that: (i) the Personal Information is transferred to countries recognised as offering an equivalent level of protection (“Adequacy”); or (ii) the transfer is made pursuant to appropriate safeguards, such as standard data protection clauses adopted by the European Commission or approved under the UK Data Protection Act 2018 (“Standard Contractual Clauses”).
Where we transfer your Personal Information to recipients in Canada, we ensure that the recipient is subject to Adequacy, as determined by the European Commission and under the UK Data Protection Act 2018.
When we transfer your Personal Information to recipients in the United States, we ensure that such transfers are:
- to a recipient certified under the EU-U.S. Data Privacy Framework and (where applicable) the UK-U.S. Data Bridge; or
- subject to agreements incorporating the Standard Contractual Clauses.
If you wish to enquire further about these safeguards used, please contact us using the details set out in the “How to Contact Us” section above.
Information for schools and users in Australia or New Zealand
We will take reasonable steps to ensure that overseas recipients do not breach the Australian Privacy Principles 2-13 (inclusive) or New Zealand’s Information Privacy Principles 1-13 (inclusive).
11. DATA PRIVACY FRAMEWORK
This section applies to schools and users in the EEA or UK.
Seesaw has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (“EU-U.S. DPF Principles”) with regard to the processing of Personal Information received from the European Union or European Economic Area (“EU/EEA”) in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. Seesaw has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (“Swiss-U.S. DPF Principles”) with regard to the processing of Personal Information received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this Privacy Policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework program, and to view our certification, please visit www.dataprivacyframework.gov.
Seesaw is responsible for the processing of Personal Information it receives, under each Data Privacy Framework and subsequently onward transfers to third parties to perform processing functions or to provide services on our behalf.
Seesaw has further committed to cooperate and comply respectively with the advice of the EU/EEA data protection authorities (collectively “EU DPAs”); the UK Information Commissioner’s Office (ICO) and the Gibraltar Regulatory Authority (GRA); and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved privacy or Personal Information use concerns.
Additionally, Seesaw is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission for compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. As further explained on the Data Privacy Framework program website at www.dataprivacyframework.gov, you may also invoke binding arbitration when other dispute resolution procedures have been exhausted.
11. YOUR PRIVACY RIGHTS
In accordance with applicable privacy law, you have some or all of the following rights in respect of your Personal Information that we hold.
If you are in the EEA or UK:
Right of access. You have the right to obtain.
- confirmation of whether, and where, we are processing your Personal Information;
- information about the categories of Personal Information we are processing, the purposes for which we process your Personal Information and information as to how we determine applicable retention periods;
- information about the categories of recipients with whom we may share your Personal Information; and
- a copy of the Personal Information we hold about you.
Right of portability. You have the right, in certain circumstances, to receive a copy of the Personal Information you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your Personal Information to another person.
Right to rectification. You have the right to obtain rectification of any inaccurate or incomplete Personal Information we hold about you without undue delay.
Right to erasure. You have the right, in some circumstances, to require us to erase your Personal Information without undue delay if the continued processing of that Personal Information is not justified.
Right to restriction. You have the right, in some circumstances, to require us to limit the purposes for which we process your Personal Information if the continued processing of the Personal Information in this way is not justified, such as where the accuracy of the Personal Information is contested by you.
Right to withdraw consent. If you have provided consent for the processing of your Personal Information, you have the right to withdraw your consent. If you withdraw your consent, this will not affect the lawfulness of our use of your Personal Information before your withdrawal.
You also have the right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your Personal Information, and we will assess and inform you if that is the case. You can object to marketing activities for any reason.
If you are in Australia:
Right of access. You have the right to request access to Personal Information we hold about you.
If you wish to access any of your personal information that you have provided to us, please contact us using the details set out above in Section 5 ‘How to contact us’.
Right to rectification or correction and notification to third parties. You have the right to request the correction of personal information we hold about you. You also have the right to have any correction notified to third parties to whom we have provided your personal information.
Right to opt out: You have the right to opt out of receiving marketing and to the disclosure or use of your personal information for marketing.
Seesaw will take reasonable steps to ensure that your personal information is accurate, up to date, complete and not misleading. However, to assist us to do this, we request that you keep your personal information up to date on the Seesaw Service or inform us of any changes to your Personal Information to ensure our records remain accurate and current.
If you believe that any of your Personal Information held by us is incorrect and you cannot amend such in the Seesaw Service, then please request us to amend that Personal Information via the details in the section headed “How to Contact us” above.
If you are in New Zealand:
Right of access. You have the right to request access to Personal Information we hold about you.
If you wish to access any of your personal information that you have provided to us, please contact us using the details set out above in Section 5 ‘How to contact us’.
Right to rectification or correction. You have the right to request the correction of personal information we hold about you.
Right to opt-out. You have the right to opt-out of marketing. You can contact us to do so or use the unsubscribe mechanism included in each electronic direct marketing message we send to you.
Seesaw will take reasonable steps to ensure that your personal information is accurate, up to date, complete and not misleading. However, to assist us to do this, we request that you keep your personal information up to date on the Seesaw Service or inform us of any changes to your Personal Information to ensure our records remain accurate and current.
If you believe that any of your Personal Information held by us is incorrect and you cannot amend such in the Seesaw Service, then please request us to amend that Personal Information via the details in the section headed “How to Contact us” above.
If you are in Canada:
Rights of access: You have the right to request:
– Request a copy of your Personal Information that we hold about you.
– Information about the types of Personal Information we hold about you and the purposes for which the Personal Information has been used.
– The names of the third parties to whom we have disclosed or may have disclosed personal information and in what circumstances.
Right of correction. You have the right to request that inaccurate or incomplete Personal Information be corrected or updated.
Right of deletion. You may have the right, in certain circumstances, to request that we delete the Personal Information we hold about you.
Right of portability. You may have the right, in certain circumstances, to receive a copy of the Personal Information you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your Personal Information to another person.[WM1]
Right to withdraw consent. You have the right to withdraw consent to our processing of Personal Information.
These rights are subject to applicable legal restrictions.
How to exercise any of the above rights
If you wish to exercise one of the rights, please contact us using the contact details set out in the “How to contact us” section above. Due to the confidential nature of data processing, we may ask you to confirm your identity when exercising the above rights.
If you contact us to exercise rights on behalf of your child, we will assess whether your child is competent to exercise those rights themselves based on their age. In accordance with guidance from the Information Commissioner’s Office, we will normally assume that children aged 12 or over (or 13 or over in the province of Quebec) are able to exercise the rights mentioned above. Where that is the case, we may ask you to provide authorisation from your child to exercise their rights on their behalf.
Complaints
Information for schools and users in the EEA or UK
If you are in the UK or EEA, you also have the right to lodge a complaint to your local data protection authority. If you are in the UK, information about how to contact your local data protection authority is available here. If you are in the European Economic Area, information about how to contact your local data protection authority is available here and here (if you are in Switzerland).
Information for schools and users in Australia
If you are in Australia, if you have any concerns about how we handle your personal information, believe we have breached the Privacy Act 1988 or any Australian Privacy Principles, if you wish to make a compliant or need further information, please contact us via the details noted in Section 5 “How to Contact Us”. You will need to provide us with sufficient detail regarding your complaint and any supporting evidence.
We will investigate the issue and determine the steps to be taken to resolve the complaint and will notify you in writing if we require any additional information and also of the outcome of our investigation.
If you are not happy with the outcome of our investigation, you may complain to the Office of the Australian Information Commissioner by way of their website www.oaic.gov.au or by phone to their hotline 1300 363 992.
If you are using the Seesaw Service through a school, for complaints about how your Personal Information is being handled by your school we recommend that you first refer your compliant to the relevant school and note their contact details should be included in that school’s privacy policy.
Information for schools and users in New Zealand
If you have any concerns about how we handle your personal information, believe we have breached the Privacy Act 2020 or any of the New Zealand Information Privacy Principles, if you wish to make a compliant or if you need further information, please contact us via the details noted above in Section 5 “How to Contact Us”. You will need to provide us with sufficient detail regarding your complaint and any supporting evidence.
We will investigate the issue and determine the steps to be taken to resolve the complaint. We will notify you in writing if we require any additional information and also of the outcome of our investigation.
If you are not happy with the outcome of our investigation, you may complain to the Office of the Privacy Commissioner by way of their website www.privacy.org.nz/your-rights/making-a-complaint-to-the-privacy-commissioner/.
If you are using the Seesaw Service through a school, for complaints about how your Personal Information is being handled by your school, we recommend you first refer to the relevant school’s privacy policy.
Information for schools and users in Canada
If you have any questions about this Privacy Policy or how we process Personal Information, or if you would like to make a complaint, please contact our legal counsel at legal@seesaw.me.
12. UPDATES
We may update this Privacy Policy from time to time and so you should review this page periodically. When we change this Privacy Policy, we will update the “Effective Date” above. We will notify you of any material changes using the contact details you have provided to us. Changes to this Privacy Policy are effective when they are posted on this page.
If you are in Canada, Australia or New Zealand, your continued use of the Seesaw Service after the effective date of the modified Privacy Policy is deemed to be your acceptance of those amendments.