Children’s Orchard Academy, 2434 25th Street, Lubbock Texas,USA (“Orchard Academy”, “we”, “us”, “our”) is the entity responsible for the processing of information in accordance with this Policy. We operate this website and provide the Orchard Academy Services, meaning the Orchard Academy early childhood service platform and related products, applications and services.
• Interact with the Orchard Academy website, www.childrensorchardacademy.com (“Website”);
• Attend events or webinars we arrange or participate in our surveys;
• Receive any marketing communications from us;
• Sign up for and/or attend demos;
• Enter into a contract with us;
• Communicate with us, such as with our support team;
• Use the Orchard Academy Services as an authorized staff user or authorized end-user (we only engage in limited processing as a controller, see further information below)
We act as a controller for the personal data collected in accordance with this Policy and ensure that your personal data is processed in accordance with the GDPR (as may be applicable). If you are using the Orchard Academy Services because the organization you work for are our customers you are referred to as an “authorized staff user” in this Policy. If your child attends a child care facility that uses the Orchard Academy Services, or you are a family member of a child that attends such a child care facility, you are referred to as an “authorized end-user” in this Policy. If you are such an user, Orchard Academy may process a limited amount of your information as a controller in accordance with this Policy (see section Data collected and method of collection to know more about what data is collected). All other information, such as children’s information, we process on behalf of the controller as a processor in accordance with the Orchard Academy Data Processing Agreement applicable to our customer. This Policy does not apply to that information, but here you can find an overview of the types of personal data we generally process as processors in relation to the Orchard Academy Services. For more information, reach out to the child care facility.
Data collected and method of collection
We may collect certain types of data all depending on how you use our Website and how you interact with us. Much of the data we collect is provided to us by you directly. We collect and process data when you:
• Sign up for our newsletters, demos, webinars, free trials of the Orchard Academy Services;
• Participate in contests/competitions, studies/surveys, events or webinars;
• Use and interact with our Website;
• Send us a message via our support function or call our support team;
• Have a call with our sales team;
• Want to or have become our customer;
• Want to enter into a partnership with us.
You may provide us with:
• First name, last name, email, phone number, your role, and the company you work for;
• Content, which may contain personal data, that you provide via the support function;
• Audio or video recordings which may include your personal data, such as name and image or other personal data revealed during the recording;
• Your personal image or photo (if visible) during our online webinars/events.
• Billing information, e.g. your credit or debit card details and billing address (generally this would be the details of the company you work for, i.e. our customer but in some cases this can also be considered your personal information);
The data we may automatically collect via cookies include: • Your IP address, browser type and version, type of device, geographical location, browser plug-in types, browser language, operating systems and versions, etc.;
• Which pages you click on our Website, links you click on, what products/services you view, time and date of your visit, how long you stay on our pages, what you do on those pages, etc.;
We also process login credentials to the Orchard Academy Services (i.e. to login to the Orchard Academy platform/app) of authorized staff users and authorized end-users, with the sole purpose of providing access. We don’t process any sensitive data.
Reasons for collecting data
We collect your data for the following reasons (purpose & legal basis)
• To provide and maintain the Orchard Academy Services. We process your data so we can offer you a free trial, process your subscription purchase and other product purchases, supply our services, administer our business relationship, contact you for administrative purposes and provide you with support. Legal basis: Consent, contract, comply with legal obligations, our legitimate interests to provide our services to you as long as your interests and fundamental rights don’t override those interests, or to establish, exercise or defend legal claims, where necessary.
• To improve, optimize and/or modify the experience on our Website.We process your data to improve and optimize your experience on our Website. We use the data collected to identify you as a visitor, show you materials which will most likely be relevant to you, and understand how you navigate our Website and compile statistics for the use of our Website. Legal basis: Consent, comply with legal obligations, our legitimate interests to operate our Website and provide our services to you, or to pursue the legitimate interests of third parties as long as your interests and fundamental rights don’t override those interests, or to establish, exercise or defend legal claims, where necessary.
• To engage in marketing activities. We process your data for marketing-related purposes, incl. sending you newsletters, providing you with demos, tailoring communication with you to accommodate your area of interests, offering you to participate in contests/competitions or studies/surveys and communicating to you about events and webinars,
including managing the events. Legal basis: Consent, comply with legal obligations, to establish, exercise or defend legal claims, where necessary.
• To enter into partnerships. We process your data so that we can enter into partnerships with you as our partner. We need to be able to fulfill our obligations under the agreement and administer the relationship with you. Legal basis: Contract, comply with legal obligations, or to establish, exercise or defend legal claims, where necessary.
• To protect the Orchard Academy Services. We may use your data as authorized staff user or authorized end user of the Orchard Academy Services to monitor, prevent and detect misuse of fraudulent activity on the Orchard Academy Services. Legal basis: Legitimate interests to maintain our services as long as your interests and fundamental rights don’t override those interests. In certain circumstances, we may collect your personal information on a different legal basis. If we do so, we will explain the processing to you in a supplementary notice.
Sharing of data
We may share your data with third parties in the following situations:
• Third-party services providers. We work with such parties to provide and host the Website, manage communications, facilitate the sales process, analyze the Website and in some cases the Orchard Academy Services, market our Orchard Academy Services, process payments and organize events. You can find further information about the third party services providers below in section Detailed information on use of third-party providers.
• Business transfers/transactions. We may share and/or transfer your personal data if we become involved in a bankruptcy, merger, acquisition, or any other form of sale of some or all of our assets. This Policy will continue to apply to your information after the information has been transferred to the new entity.
• Legal requirements and law enforcement. We may share your personal data if we in good faith believe we need to share it to satisfy applicable law, regulation, legal process or enforceable governmental request, or to protect and defend the rights or property of the company, protect ourselves against liability, fraudulent, abusive or unlawful uses.
• With group companies. We may share your personal data with our subsidiaries (Orchard Academy ApS is the parent company) in which case we will require them to honor this Policy. We do not sell or rent your data to marketers or third parties.
We always make sure that there is an agreement in place regarding how our third party providers process the data on our behalf. Some of our third-party providers process and store the data outside the EEA/UK. When the processing requires a transfer outside the EEA/UK, we will ensure the transfer is adequately protected in accordance with the GDPR and/or UK GDPR.
Retention of your data
We do not keep your data longer than necessary to fulfill the purpose for which it was collected or as required by applicable laws or regulations. Therefore, the retention period may differ. It depends on the type of data and the purpose for which we collect and process it. When we no longer have a valid reason to keep your data, we’ll either delete it or anonymize it so that it doesn’t identify you. As our customers and/or partners, we keep the data for the duration of the
Security of your data
The security of your personal data is very important to us. We follow generally accepted industry standards to protect the information. We have in place technical and organizational measures to prevent that your personal data in our possession accidentally or illegally gets deleted, released, lost, impaired or gets to the knowledge of any unauthorized persons, abused or in any way processed against the GDPR and/or UK GDPR. However, no method of transmission over the Internet or method of electronic storage is 100% secure. Although we strive to protect your personal data, we cannot ensure or warrant absolute security of the information you transmit to us, and you do so at your own risk. If we become aware of a data breach, we will inform you and the authorities in accordance with applicable law.
Detailed information on use of third-party providers
We, similar to other tech businesses, use third parties to help us host our Website, provide our services, facilitate the sale process, communicate with you etc. We select our third party partners very carefully. Your data is only shared with them when strictly necessary. Those third parties only process data on our behalf and may not use it for their own purposes. The Orchard Academy app is directly created and controlled by the organization “Famly” and below is a list of the third-party providers they use.
We use the following third parties:
• Webflow (Webflow Inc.) is used to design our Website, the Website forms and host our Website.
• Salesforces.com Inc. to facilitate the sale process and subscription upgrades.
• Gong Inc. to analyze and enhance our sales process.
• Outreach Corporation to facilitate the sales process.
• Zoom Communications Inc. for calls, both audio and video.
• DocuSign Inc. to sign contracts.
• Planhat AB as our customer success system.
• Intercom Inc., is used for customer support assistance (chat function) and to send out emails to our customers.
• Hubspot Ireland Ltd. is used for sending newsletters.
• TwentyThree ApS is used for webinars.
• Livestorm SAS is used for webinars and demos.
• Google Form (Google Cloud EMEA Limited) is used for sending surveys to Customers.
• Zapier (Zapier Inc.) is used to send data between different softwares we use.
• Stripe Payments Europe Ltd./Stripe Inc., is used for processing payment from our customers.
Our rights and choices
It’s important to us that you are aware of all your data protection rights and opt-in/opt-out choices. You are entitled to the following:
The right to access – you have the right to request for copies of your personal data.
The right to rectification – you have the right to request us to correct any information you believe is inaccurate.
The right to erasure – you have the right to request us to erase your personal data, under certain circumstances.
The right to portability – you have the right to receive your personal data in a structured, commonly used and machine-readable format (as may be applicable)
The right to restrict processing and object processing – you have the right to request that we restrict the processing of your personal data, under certain circumstances, and a similar right to object to processing. Opt out from marketing material, if you have agreed to receive marketing material, you can always opt-out and unsubscribe by clicking the “unsubscribe” button in the last newsletter email you received.
Withdraw your consent – if the processing is based on your consent you have the right to withdraw it at any time. Your withdrawal will not affect the lawfulness of the processing carried out before you withdraw your consent. If you make a request to us, we will answer your request as soon as possible and in any event within one month of receiving your request. If the request is very complex we can extend the period by two additional months. We may decline to process your request if it is unreasonably repetitive, requires disproportionate technical effort, jeopardizes the privacy of others, would be extremely impractical or for which access is not otherwise required.
Children and our services
Our services and website are not directed to children, you can’t use our services if you are under the age of 16.