PRIVACY POLICY

Last updated: June 19, 2020

Welcome to the I Do Recall Privacy Policy. This Privacy Policy forms a part of and is incorporated into the I Do Recall Terms of Service.

The idorecall.com website, including any subdomains, and the I Do Recall application (collectively, the “Website”) are owned and operated by I Do Recall, Inc., a U.S.-based privately held company with headquarters in Mount Laurel, New Jersey (“iDR”, “Company”, “we” or “us”).

iDR is in the education support business. iDR operates this Website for the purpose of helping students and lifelong learners become more successful by organizing their study materials, building digital spaced-repetition flashcards and, ultimately, remembering what they learn.

We, at iDR, recognize the importance of protecting the privacy of our visitors, users, and others (collectively or individually, “Users” or “you”) who use the Website.

This Privacy Policy details important information about how we look after your personal data when you visit or use our Website or use our services and Website, and about your privacy rights regarding your personal data. This Privacy Policy is provided in a layered format so you can click through to the specific areas set out below.

As used in this Privacy Policy the terms “personal data” and “personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. It does not include data where the identity has been removed (anonymous data).

1.IMPORTANT INFORMATION AND WHO WE ARE

Purpose of this Privacy Policy

This Privacy Policy aims to give you information on how iDR collects and processes your personal data through your use of the Website, including without limitation any data you may provide through the Website when you register an account with us, any data or files you upload or submissions of content that you create you make when you use the iDR application, or when you contact us by post, email, social media, the Intercom.com support widget or other means.

It is important that you read this Privacy Policy together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Privacy Policy supplements the other notices and is not intended to override them.

Children

I Do Recall provides some features and services intended for use by children, which may require parental/guardian consent. Under the EU General Data Protection Regulation (“GDPR”), each EU member state is permitted to legally define its own digital age of consent between 13 and 16. For minors in the U.S., the Children’s Online Privacy Protection Act (“COPPA”) sets the digital age of consent at 13.

In order to use I Do Recall, you must disclose your age. By signing up, you represent and warrant that the age you give us is accurate. If, under COPPA, GDPR, or another country’s laws, consent of a parent/guardian is required, users under the age of digital consent must provide the e-mail address of an adult who will receive a request to approve the child’s account registration.

We do not knowingly collect personal information from children under the applicable digital age of consent without the consent of a parent/guardian, as described above. If you are under 13 in the U.S., or under the digital age of consent in your EU member state, and do not have consent of a parent or guardian, do not use or provide any information on this Website or on or through any of its features, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including without limitation your name, address, telephone number, email address, or any screen name or user name you may use.

If we learn we have collected or received personal information from a minor child without verification of any required parental/guardian consent, we will delete that information. If you believe we might have collected or received any information from or about a minor child without the necessary consent, please contact us at privacymanager@idorecall.com.

Controller

As it relates to personal data governed by GDPR, I Do Recall, Inc. is the “controller” (as defined in GDPR) of your personal data and responsible for any of your personal data we collect and process through your use of the Website.

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.

Contact details

Our full details are:

I Do Recall, Inc.
Data Privacy Manager
Email address: privacymanager@idorecall.com

Postal address: 3000 Atrium Way, Suite 260, Mount Laurel, New Jersey, 08054, USA

If you are an individual accessing the Website or providing us personal data while located in the European Union (“EU”), you also have the right to make a complaint at any time to your local supervisory authority for data protection issues. We would, however, appreciate the chance to deal with your concerns before you approach the regulator so please contact us at privacymanager@idorecall.com in the first instance.

Changes to the Privacy Policy and your duty to inform us of changes

If we change our Privacy Policy, we will, in compliance with the Student Privacy Pledge, notify you of any material changes and seek your consent by appropriate means, such as including a button that says “I agree” or “OK,” or a prominent statement stating the changes are in effect and you give consent by continuing to use the Website.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

Our Website includes social media features, such as the Facebook or Google login features. These features may collect your IP address, information about which page you are visiting on our Website, and may set a cookie to enable the feature to function properly, even if you are not signed into your social media account when browsing our Website. Social media features and widgets are hosted by third parties, and we strongly encourage you to review the privacy policies of such third parties to understand their privacy practices.

Our Website may also include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you.

We do not control these third-party websites, website features and widgets, nor are we responsible for their privacy practices and statements. When you leave our Website, we encourage you to read the privacy notice of every website you visit.

Our Referral System

When you invite a friend to join iDR by sharing a unique referral code automatically generated by the Website. If you have joined iDR using one of the referral codes, please bear in mind that the referrer may be able to see your name.

2. THE DATA WE COLLECT ABOUT YOU

We will collect and retain any personal data you choose to include in any content uploaded to the Website or shared with other users. Otherwise, we may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

Identity Dataincludes information such as, first name, last name, username or similar identifier, title, photo or other avatar, country of residency, time zone, and date of birth.
Contact Dataincludes postal address, email address, and landline or mobile telephone number.
Transaction Dataincludes details about payments that you have made to us or we have made to you.
Technical Dataincludes information such as, internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Website.
Profile Data includes information such as, your username and password.
Usage Dataincludes information about how you use our Website and Services, such as the buttons you click on, the pages of our Website that you visit, the time spent on those pages, and the dates and times of your visits.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences. (In compliance with the Student Privacy Pledge, we do not allow any behavioral advertising on our Website.)

We also collect, use and share Aggregated Data such as statistical or demographic data (i.e., anonymous data about the demographic attributes of our users). Aggregated Data may be derived from your personal data but is not considered personal data, as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.

3. HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity and Contact Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you: register to open an account with us; or
Content which you upload into your account. When you choose to upload files into your iDR account such as Word files, PDFs, and image files, you may be uploading personal information into our database.
Content which you create in your iDR account. When, for instance, you create iDR digital flashcards (recalls), you may choose to include personal information or images which contain personally identifiable information.
Automated technologies or interactions. As you interact with our Website, we may automatically collect Technical Data about your equipment. We collect this personal data by using cookies, server logs and other similar technologies. We may also use technology such as, digital fingerprinting to place a unique identifier on the mobile device or computer you use to access our Website and Services, as well as Local Storage Objects (LSOs) such as HTML5 to be able to identify an individual in order to prevent fraud. Please see our cookie policy for further details.
Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
Technical Data from analytics providers such as Google based outside the EU;
Contact, Identity and Transaction Data from providers of payment services such as Stripe or similar service providers, based outside the EU.
Identity and Contact Data from publicly available sources such as search engines based inside and outside the EU.
Identity, Profile and Contact Data from social networks, such as Facebook and Google, based outside the EU, when you log in through your account with such networks, or when you follow, subscribe to, like, or follow our company page on such networks as Facebook, Instagram, YouTube or Twitter, all outside the EU or when you otherwise link your iDR account to your account information on any of those networks.

4. HOW WE USE YOUR PERSONAL DATA

Where we need to perform the services we have offered to provide to you usage of the Website and application under our terms of use.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where we need to comply with a legal or regulatory obligation.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us at privacymanager@idorecall.com if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To register you as a new user and as you use the iDR application	(a) Identity (b) Contact (c) Other personal data you may upload or create as you use the iDR application	Performance of a contract with you
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	(a) Identity (b) Contact (c) Technical	(a) Performance of a contract with you (to enforce our terms of use and Privacy Policy terms) (b) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise) (c) Necessary to comply with a legal obligation
To use data analytics to improve our website, services, marketing, customer relationships and experiences	(a) Technical (b) Usage	Necessary for our legitimate interests (to define types of users for our services, to keep our Website updated and relevant, to develop our business. and to inform our marketing strategy)

As used in the table above, the following terms have the following meanings:

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at privacymanager@idorecall.com.

Performance of Contract (Terms of Use) means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Website may become inaccessible or not function properly. For more information about the cookies we use, please see our cookie policy.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at privacymanager@idorecall.com.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. DISCLOSURES OF YOUR PERSONAL DATA

We will never sell your personal data. We may, however, have to share your personal data with third parties as described below:

Service providers acting as processors based inside or outside the EU who provide services such as engineering, IT, and system administration services.
These service providers include Google Cloud and Amazon Web Services for hosting, Google Analytics for analyzing Website traffic, and Intercom for customer support.
Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based inside or outside the EU who provide consultancy, banking, legal, insurance and accounting services.
Regulators and other government authorities acting as processors or joint controllers based inside or outside the EU who require reporting of processing activities in certain circumstances.
Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners will be required to use your personal data in the same way as set out in this Privacy Policy.

Should you wish to obtain more specific information about any third party recipients of your personal data please contact us at privacymanager@idorecall.com.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law and in accordance with this Privacy Policy. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

Disclosures in “Classes” or “Groups”

If you create a “class” or “group” and invite other users to join, or if you join a class or group someone else has already created, other users will be able to see your name, and any personal data you include in any materials you choose to share with other users in that class or group. The creator of your class or group may also be able to see metrics related to your activities (e.g., the number of times you practice class-related recalls, or the star ratings you give for those practices). Your class or group may also include a chat feature, including text chat and/or voice and video chat. If your class or group includes such features, other members of that group will be able to see any personal data you share via the chat feature.

6. INTERNATIONAL TRANSFERS

We share our users’ personal data within our company. If you are located in the EU this will involve transferring your personal data outside the European Economic Area (“EEA”).

Many of our external third parties are also based outside the “EEA” so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see EUROPEAN COMMISSION: ADEQUACY OF THE PROTECTION OF PERSONAL DATA IN NON-EU COUNTRIES.
Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see EUROPEAN COMMISSION: MODEL CONTRACTS FOR THE TRANSFER OF PERSONAL DATA TO THIRD COUNTRIES.
Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see EUROPEAN COMMISSION: EU-US PRIVACY SHIELD.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

7. DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. DATA RETENTION

How long will you keep my personal data?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

You can manually trigger erasure of your data at any time from your Account Profile Page.

If you have any questions or concerns about erasure of your data, please contact us at privacymanager@idorecall.com.

9. YOUR LEGAL RIGHT

If you are a California resident, see Section 10 below.

For non-California residents, under certain circumstances, you may have rights under data protection laws in relation to your personal data, including the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to inquire further about any of the potential rights set out above, please contact us at privacymanager@idorecall.com.

Notwithstanding your right to contact us at any time at the above email address, you may exercise your legal right to access or correct your personal data by logging into your account on the Website and editing your data in your Account Profile Page. You can review, edit and delete any personal data that you may have included in content that you have either created or uploaded into your account by directly searching for relevant uploaded files and digital flashcards (recalls).

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may, as allowed by law, charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

10. CALIFORNIA RESIDENTS

If you are a California resident, you have the following special rights under the California Consumer Privacy Act (“CCPA”). Please note that iDR does not sell your personal information, as defined under CCPA.

Your right to “know” and to request deletion

You have the right to know the categories and specific pieces of personal information we have collected about you. You have the right to know the categories of sources from which the personal information has been collected, the business or commercial purpose for collecting personal information, and the categories of third parties with whom we share personal information.

You also have the right to request deletion of personal information we’ve collected or maintain. Please note this right is subject to certain exceptions, including without limitation our retaining information as necessary to protect against malicious, deceptive, fraudulent, or illegal activity, to comply with our legal obligations, and for other internal purposes.

To exercise these rights contact us at privacymanager@idorecall.com or via regular mail at Attn: Data Privacy Manager, I Do Recall, 3000 Atrium Way, Suite 260, Mount Laurel, New Jersey, 08054, USA. We may ask you to provide additional information in order to verify who is making the request. Please note that any requested disclosures will only apply to the 12-month period preceding the request, and you are entitled to request disclosure regarding your personal information twice in any 12-month period.

Personal information disclosed for a business purpose

You also have the right to what categories of personal information we’ve disclosed for a business purpose, and the third parties to whom that information was disclosed. For a description of such disclosures, please see Section 5.

Your right to non-discrimination

You have the right not to receive discriminatory treatment for the exercise of the privacy rights conferred by CCPA, including but not limited to by denying you services, charging different prices or rates, or providing you with a different level or quality of services.

Your right to use an authorized agent

You have the right to designate an authorized agent to make a request under the CCPA on your behalf. To designate an authorized agent, please contact us at privacymanager@idorecall.com. In order to verify you have authorized an agent we will require a signed, written authorization from you.

Verification process

If you make a request to access or delete your information, or to opt out of the sale of your personal information, we may ask you for additional information to verify your identity. This information may include your full name, phone number, email address, or other basic personal information about you that we already have on file.