Last updated on 18 August 2020
2.1 “App” means any apps which ED may make available which may or may not be linked to the data subjects account which may include an invite-only App or public App;
2.2 “Data” means the sum of everything – user data, mailing list, surnames, telephone numbers, profiles, time stamps, logs, all information that is physically stored on the platform, data and/or content created and/or developed and/or authored on the Platform including digital media in the form of inter alia text, images, video, and audio;
2.3 “Data Subject” means ED and Falkor subscribers and/or app users;
2.4 “Controller” means ED, its nominees, internal support team, administrative team and, development team who may access platform user information;
4. THE RIGHT OF ACCESS BY THE DATA SUBJECT IN TERMS OF THE GDPR
The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:
4.1 The purpose of processing personal information: The purpose of processing personal information is to provide reporting to the platform subscriber to evaluate user interaction with the app and app content which includes:
4.1.1 user progress on how much content has been viewed or interacted with;
4.1.2 results that are based on completing a content assessment or module;
4.1.3 responses in the form of written answers, surveys, photo uploads, multiple choice answers, and quiz answers;
4.1.4 a percentage score;
4.1.5 Level which entails progress based on the Controller’s point system whereby an accumulated score appoints a level ranking to the user;
4.1.6 Leaderboard ranking in terms whereof a user’s name and location may be visible to other app users; and
4.1.7 demographics which may include age gender, location, name, surname, email address, and phone number.
220.127.116.11 To sign up to a publicly available App, only the name, surname, and email address are required.
18.104.22.168 To sign up to an invite-only App, name, surname, email address, age, gender, and phone number are required.
4.2 The categories of personal data concerned:
4.2.1 The Controller does not collect sensitive data in the following special categories:
22.214.171.124 ethnic origin;
126.96.36.199 political opinions;
188.8.131.52 religious or philosophical beliefs;
184.108.40.206 trade union membership;
220.127.116.11 genetic data;
18.104.22.168 biometric data (where this is used for identification purposes);
22.214.171.124 health data; or
126.96.36.199 sex life/sexual orientation.
4.2.2 The Controller does, however, request that users define the gender they identify with i.e male, female, “prefer not to say” or other. This information is used in the analytics and reporting on demographical data.
4.3 The recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations:
4.3.1 Recipients who have access to the personal user data include:
188.8.131.52 The Controller’s internal support team, administrative team, and development team who may access all platform user information, but not for the purpose of distributing such information except for allowable purposes.
184.108.40.206 Data subjects who have an ED and/or Falkor account will have access to their user’s personal details, and data in the form of analytics and reporting (as described in 4.1 above).
4.3.2 Recipients could be individuals or organisations who have subscribed to the platform and may reside anywhere in the world.
4.3.3 In order to effectively communicate with the data subject, the Controller may upload personal details such as name, surname, email address, and mobile numbers to newsletter email platforms, namely MailChimp.
4.4 Where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period. The Controller acknowledges that data is stored indefinitely (or as otherwise regulated by statute or policy) for historical research and reference purpose, particularly in the interest of product optimisation.
4.5 The existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing:
4.5.1 Only the data subject may edit their account details.
4.5.2 Upon request sent to email@example.com, personal data (including processed data) of the data subject may be rectified or erased.
4.6 The right to lodge a complaint with the Controller.
4.7 Where the personal data is not collected from the data subject, any available information as to their source.
4.8 The existence of automated decision-making, including profiling, and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject. The Controller may make use of analytics to deliver more suitable content to users, i.e. based on interests and performance.
5. COLLECTION AND PROCESSING OF PERSONAL INFORMATION IN TERMS OF THE ACT
5.1 ED collects your personal information only for, inter alia, the following purposes:
5.1.1 to enable your access to and use of the Falkor Platform and generally, to enable ED to provide the services;
5.1.2 to communicate with you in relation to your subscription to and/or use of the Falkor Platform or other services by ED;
5.1.3 to improve and further develop the Falkor Platform and to provide enhanced or geographically and demographically differentiated features to users of the Falkor Platform;
5.1.4 to provide customer support in relation to the Falkor Platform and to assist in diagnosing network congestions and problems with ED’s server and otherwise to assist in the administration and delivery of the Falkor Platform to users thereof;
5.1.5 to perform data analytics;
5.1.6 to conduct marketing and sales activities;
5.1.7 to operate, evaluate and improve ED’s business;
5.1.8 to verify your identity and protect against and prevent fraud and other unlawful activity, unauthorised transactions, claims, and other liabilities and manage risk exposure and quality; and
5.1.9 in connection with any legal proceedings
5.2 The type of information that ED may collect from you for the purposes above may include (but not be limited to) the following:
5.2.1 contact information such as your name, phone, and fax number, email and physical addresses;
5.2.2 information relating to your age and gender;
5.2.3 company information such as your company name, registration number, registered addresses;
5.2.4 information relating to your access to and use of the Falkor Platform including names for user access, user permissions and privileges; and
5.2.5 information that you publish on the Falkor Platform.
5.3 In addition to the personal information that you provide to ED:
6. DISCLOSURE OF PERSONAL INFORMATION
6.1 ED may share your personal information with its service providers involved in the delivery of the services to you and/or service providers tasked with the storage and/or safekeeping of your information, including information published on the Falkor Platform. The sharing of your personal information may necessitate the transfer of your information across foreign borders and ED shall, in this event, comply with the requirements of the Act for the transfer of personal information across borders.
6.2 Personal information may also be disclosed by ED in instances where ED is required by law or court order to disclose such information or in the event that the disclosure of such information is, in ED’s sole discretion, necessary to protect its rights.
6.3 To the extent permissible under the applicable laws, each user of the Falkor platform hereby consents to and grants to the Licensor (ED) and each of its subscribers which have signed up the Falkor platform and/or to any of the Licensor’s platforms, solely for the duration of such period, a limited right to collect, use and obtain the user’s data solely for a related business purpose.
6.4 The Licensor may not disclose, sell, sub-license or otherwise transfer the data of the user to any third party that is not a subscriber and other than for the purpose of the above clause.
7. PROTECTION OF PERSONAL INFORMATION
ED understands the value of your personal information and therefore, takes all reasonable steps to safeguard your personal information from unauthorised access or use, misuse, loss or interference and will, on an ongoing basis, review its security controls and related processes to ensure the continued integrity and confidentiality of your personal information. The same standards are imposed upon third parties to whom your personal information is shared by ED to ensure that they likewise maintain the integrity and confidentiality of your personal information.