Privacy Policy
for Clanbeat Platform

Last updated on 21.09.2020

This Privacy Policy describes what personal data and how can be collected through the Platform. If you are a student, we recommend you to read this Privacy Policy together with your parent or other legal guardian or teacher to understand how the use of the Platform might impact your privacy.

As this Privacy Policy sets out the principles of processing your personal data, please read the Privacy Policy carefully. If you have any questions about how your personal data is processed or if you wish to submit an application for exercising your rights related to processing your personal data, please contact your School. You may also contact Clanbeat at any time using the contact information provided in section “Contacts” below.

Important information regarding privacy

  • Please note that upon your use of Clanbeat Platform, the Controller of your personal data is your School. Your School processes your personal data for the purposes of teaching and the provision of educational services, in accordance with the applicable legislation in the field of education.
  • Please note that when you post any personal data upon the use of the Platform, this data might be shared with your School, Teacher and other Students according to your choices on the Platform and in accordance with this Privacy Policy and the Terms of Service. For example, the Platform shares your data as described below.
    • When you create and upload an original content to the Platform (for example a description of your mood, self-reflection or studying progress), this information will not be shared with anyone, until you decide to share such information through the options as provided on the Platform. However, your School still receives information about how you have used the Platform (information that you have written the description of your mood, self-reflection or studying progress, but not the content of your post and writing).
    • When you log the information about your mood on the Platform, the other users will not be shared with such information (unless you decide to share such information through the options as provided on the Platform), except that your School will receive information about your mood to support your learning process. Still, the School is not made available additional information regarding the mood you have described (for example, if the mood is caused by a specific task or for any other reason), unless you decide to share such information.

This Privacy Policy is adopted by Clanbeat Education OÜ (Estonian registered company, registry code 14530865, address Tina str 26, 10126, Tallinn, Estonia, e-mail address hello@clanbeat.com) (Clanbeat, we, us and our).

Clanbeat is the owner and the operator of Clanbeat website www.clanbeat.com, its subdomains (hereinafter “Web Site”), and the web-based Clanbeat solutions, including the software, databases, interfaces, associated media, documentation, updates, new releases and other components or materials incorporated therein or integrated therewith (hereinafter collectively “Platform”).

Clanbeat Platform provides a digital learning environment for schools, teachers and students. Clanbeat Platform enables students and teachers to reflect, communicate and support each other, plan, monitor well-being and progress. All services enabled through the Platform are referred to as the “Services”.

1. IMPORTANT DEFINITIONS

Unless defined in this Privacy Policy, the terms used in the Privacy Policy are used in the meaning given to them in Clanbeat Terms of Service, available at www.clanbeat.com/legal and/or in the meaning given to them in Article 4 of the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council (“GDPR”).

“Personal data” Any information relating to an identified or identifiable natural person (data subject); an identifiable natural person is one who can be identified, directly or indirectly, in particular on the basis of such a record as the name, personal identification code, place of location information or network identifier, or on the basis of one or more physical, physiological, genetic, mental, economic, cultural or social identities.
“Data subject” Natural person who uses Clanbeat Services or whose personal data is processed by Clanbeat.
“User” Any person who has registered a user account on the Platform; users can have a role of a Student or a Teacher.
“Student” User who uses the Services in the role of a student.
“Teacher” User who uses the Services in the role of a teacher; for the purposes of this Privacy Policy, a “teacher” also means any employee of the School or any other natural person providing services to the School.
“School” A legal entity that is an educational institution and that has entered into a service agreement with us under the Terms of Service to enable the Students and Teachers to use the Platform and the Services.
“Service(s)” Any Services made available through the Platform at the time of adopting the Terms of Service and as updated.
“Processing” Any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
“Data Controller” Natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. For the purposes of this Privacy Policy, School is the Data Controller of the personal data of Students and Teachers.
“Data Processor” Natural or legal person, public authority, agency or other body which processes personal data on behalf of the Controller; for the purposes of this Privacy Policy, Clanbeat is the Data Processor for the School regarding the personal data of Students and Teachers.

 

2. WHAT PERSONAL DATA IS PROCESSED THROUGH THE PLATFORM?

2.1. When you use the Platform, certain personal data is collected and processed about you to enable the Services and the use of the Platform.

2.2. Clanbeat processes only such personal data that is submitted to us directly by you in the course of using our Platform or the data that is entered to the Platform by the Teachers and other  Students (if any). By default, Clanbeat does not collect personal data from third sources, unless your School has decided to integrate our Platform with other services (such as Google Classroom, for example) in connection with which we receive data from such third party services.

2.3. Personal data that is processed about you in the course of using the Platform and the Services may include following data about you:

2.3.1. General personal information: first name; last name, user role (Teacher or Student), phone number, date of birth, name of your School. General personal information is asked upon registering as a user of the Platform and is required for us to be able to create a user account for you and to identify you.

2.3.2. Information you disclose under your profile: nationalities, languages, hobbies, learning and life aspirations, photo, gender, title and social media contacts etc. Adding profile information is voluntary and you have the right to decide at any time what information to share under your profile and what information not to share.

2.3.3. Content you provide upon the use of the Services: as the Platform provides the opportunity to publish information about your insights, thoughts, actions, plans, questions, answers and well-being, and to react to those of others, if you decide to provide such information, this information will be processed about you upon your use of the Platform.

2.3.4. Your connections: if you interact with other users of the Platform, the data about your connections and networks will be processed.

2.3.5 Your usage: we collect information about how you use the Platform, such as the features and the content you use, view or engage with; the actions you take; the time, frequency and duration of your activities. Information about your usage of the Platform may be processed for statistical purposes. Please note that we publish statistical information in a non-personalized form and may publish only generalized conclusions in form which does not enable us to make any conclusions about any specific data subject. However, the Student’s usage data is made available to the School in personalised format, please read Section 4 for more detailed information about how the data about the Student is shared with Teachers and your School.

3. WHAT IS THE LEGAL BASIS FOR PROCESSING YOUR PERSONAL DATA?

3.1. Clanbeat processes your personal data to provide the Services to you or to your School in accordance with the Terms of Service. Legal basis for such data processing is necessity to perform our contractual obligations under the Terms of Service.

3.2. In certain specific situations we might also process your personal data where processing your personal data is necessary for the purpose of our legitimate interests pursued by us. Legal basis for such data processing is GDPR Article 6-1-(f). In such a case we are considered as the Data Controller of your data and shall ensure that processing is proportionate and that we have carried out legitimate interest impact assessment. For example, for the purpose of our legitimate interest we analyse how our Services and the Platform are used by our clients so we can provide better service.

3.3. Additionally, we might process your personal data when processing is necessary for compliance with a legal obligation to which we are subject. Legal basis for such data processing is GDPR Article 6-1-(c).

4. HOW IS YOUR PERSONAL DATA SHARED BY CLANBEAT?

4.1. If you are using the Services, your personal data is made available to third parties according to your selections and in accordance with the Terms of Service. For example, as a Student, when you post to the Platform, your data is shared as following:

4.1.1. Personal data published under your profile (name, hobbies, interests, photo, birthday, gender, nationality, languages, etc. provided that you have published such data under your profile) is made available to other members belonging to the same group with you and your School.

4.1.2. If you publish any post through the Platform, the content of the post can be shared with other members belonging to the same group with you, unless you make such post as private; you can control and decide yourself precisely with whom you would like to share your posts. The exception here is in the case of cyber-bullying – any User with whom an offensive post is shared can report a post, which makes the post content visible to your Teacher and your School. General data regarding the fact that you have created a reflection, asked a question, shared a post, commented or reacted will be available to your Teacher and your School.

4.1.3. If you are adding a task, the data submitted by you during the learning process (including your progress, mood and other related information) is made available to your Teacher, your School and other members belonging to the same group with you if you have decided to share such data. General data regarding the fact that you have created and completed the task will be made available to your Teacher and your School, but the content generated by the Student will be shared only upon the choice of the Student.

4.1.4. If you are stating your mood level or answer survey questions, the info will be shared with your Teacher and your School.

4.2. To the extent this is necessary for the provision of our Services, we may share your personal data with certain third parties. Clanbeat may also share your personal data with third party suppliers providing services to us, e.g. IT suppliers or other service providers. Clanbeat chooses such service providers always carefully and we use only such service providers who we have evaluated to be trustworthy.

4.3. Clanbeat does not transfer your personal data to countries outside the EU/EEA area.

5. HOW LONG IS YOUR PERSONAL DATA RETAINED?

5.1. Clanbeat does not retain personal data longer than it is necessary for the purposes of processing personal data or pursuant to applicable law.

5.2. Personal data related to contracts can be retained during the term of the contract and based on our legitimate interest pursuant to Article 6 (1) (f) of the GDPR until the end of the statutory limitation periods under applicable law. Accordingly, as a general rule, Clanbeat retains your personal data as long as it is necessary for the provision of the Services during the term of the Agreement concluded between the School and Clanbeat. In this regard, as a general rule, if you have not used our Platform for three years (including if you have not logged in to our Platform for three years), your profile and all personal data therein will be deleted, unless we have a legal basis for retaining your personal data for a longer time period.

6. HOW DO WE PROTECT YOUR PERSONAL DATA?

To protect your personal data from unauthorized access, unlawful processing or disclosure, accidental loss, modification or destruction, we use appropriate technical and organisational measures that comply with applicable laws. These measures include but are not limited to the implementation of appropriate computer security systems, protection of paper and electronic format files by technical and logical means, controlling and limiting access to documents and buildings. We also use encryption of data.

7. COOKIES

7.1. Our Platform uses cookies. This section incorporates our cookie policy (the “Cookie Policy”) that applies when you use the Platform.

7.2. Cookies are small data files stored on your hard drive by a website. Cookies help us monitor and improve the functionality and the usage of our Platform and your experience on the Platform. We can use cookies to see which areas and features are popular and to count visits to our Platform to recognise you as a returning visitor and to tailor your experience of the Platform according to your preferences. We may also use cookies for targeting purposes.

We use following type of cookies on our Platform:

7.2.1. Strictly necessary cookies that are essential in order to enable you to move around and   navigate on the Platform and use the features of the Platform.

7.2.2. Functional cookies that record information about choices you have made and allow to tailor the Platform. Functionality cookies remember choices you make such as language preference, country location, or other online settings and provide personalized or enhanced features that you select, so that next time you visit you won’t have to enter all this information again.

7.2.3. Statistics cookies that record information about the way our Platform is used, to acquire knowledge on how often our Platform is visited, where on our Platform our visitors spend the most time, how often they interact with a page or part of a page, this allows us to make the structure, navigation, and content of our Platform as user-friendly as possible.

7.2.4. The specific cookies that the Platform uses are the following:

Name Purpose Retention period
_ga Registers a unique ID that is used to generate statistical data on how the visitor uses the website 2 years
_gat Used by Google Analytics to throttle request rate 1 day
_gid Registers a unique ID that is used to generate statistical data on how the visitor uses the web site 1 day

You can delete or block cookies on the Platform through your browser settings at any time. However, some cookies might be necessary for the functionality of the Platform. Therefore, you understand that when blocking or deleting the cookies some features of the Platform might not function correctly.

For more general information about cookies including the difference between session and persistent cookies please see www.allaboutcookies.org.

In case you have any questions concerning our Cookie Policy, you may contact us via contact details provided below.

8. YOUR RIGHTS

8.1. Clanbeat is dedicated to ensuring that all data subject rights arising under applicable law are always guaranteed to you. Although the Data Controller of your personal data is your School, you can submit the application to enforce your data subject’s rights also to Clanbeat. Please note that in particular, you as a data subject have the following rights:

8.1.1. The right to access the personal data that is processed about you;

8.1.2. The right to request rectification of any inaccurate personal data about you;

8.1.3. The right to request erasure your personal data and/or restrict the processing of your personal data if we do not have valid legal basis for processing;

8.1.4. The right to receive your processed personal data in a structured, commonly used and machine-readable format and the right to transmit your personal data to another controller.

8.1.5. The right to object to the processing of your personal data.

8.2. If you believe that your rights have been infringed, you may contact and lodge a complaint to the supervisory authority applicable for your jurisdiction (Data Protection Inspectorate in Estonia, address Tatari 39, Tallinn 10134, info@aki.ee or other competent authority in your jurisdiction. The list of Data Protection authorities in the EU is available at https://edpb.europa.eu/about-edpb/board/members_en).

9. GOVERNING LAW AND JURISDICTION

This Privacy Policy is governed by the laws of the Republic of Estonia. Any disputes arising from this Privacy Policy will be settled in the Harju County Court in the Republic of Estonia, unless you have a right to turn to the court of your residence pursuant to statutory law.

10. CONTACTS

If you have any questions about this Privacy Policy or the Cookie Policy or if you have any concerns about how we use your personal or if you want to exercise your rights as described above, you may contact us via e-mail or in writing using the following contact information:

Clanbeat Education OÜ
e-mail: hello@clanbeat.com
address: Tina str 26, 10126 Tallinn, Estonia