Terms and conditions

Introduction

1.1 These Terms of Use are a contract between you and Homegrown Learning Limited, a company registered in England and Wales with company number 11818690, whose registered office is at The Workbox Penzance, Wharf Rd, Penzance TR18 4FG (referred to as “we,” “us,” or “our”) governing the use of our Collage App.

1.2 References to “you” or “your” are to the individual accessing the Collage App.

1.3 All services provided by us shall be on these Terms of Use to the exclusion of all other Terms of Use of business, including any that you may send to us, and all terms otherwise implied by law, custom, or previous course of dealing to the maximum extent permitted by law.

1.4 We reserve the right to update these Terms of Use from time to time at our discretion. If we do so, and the changes substantially affect your rights or obligations, we shall notify you by email. Otherwise, you are responsible for regularly reviewing these Terms of Use so that you are aware of any changes to them.

Definitions and Interpretation

2.1 In these Terms of Use, the following words have the following meanings:

• Account: your account accessible on the Collage App;
• Child, Children: any individuals under the age of 18 identified to your Account;
• Collage App: the cloud-based app located or such other location as we may notify to you from time to time and any associated mobile application;
• Data Protection Legislation: all legislation and regulation in force from time to time relating to data protection, including the General Data Protection Regulation 2016/679 and the Data Protection Act 2018;
• Fee: the monthly or annual fee due for access to the Collage App;
• IP Rights: any patent, trademark, registered design, or any application for registration of the same, or the right to apply for registration of the same, any copyright or related rights, database right, design rights, rights in trade, business, or domain names, rights in trade dress, rights in inventions, rights in confidential information or know-how or any similar or equivalent rights in any part of the world;
• Personal Data: has the meaning given to it in the Data Protection Legislation;
• Term: any time when you have a fully paid-up Account;
• Third Party Content: content on the Collage App that belongs to a third party, including National Curriculum content and content from The Religious Education Council of England and Wales;
• User Content: any content that you upload to the Collage App relating to the Children or otherwise, including text, videos, photographs, and images.

2.2 Words in the singular include the plural, and words in the plural include the singular.

2.3 The headings shall not affect the interpretation of these Terms of Use.

2.4 References to Conditions are references to the numbered provisions of these Terms of Use.

2.5 Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is without prejudice to that party’s other rights and remedies.

2.6 Any phrase introduced by the word “including” shall be construed as illustrative and shall not limit the generality of the related general words.

2.7 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension or re-enactment and includes any subordinate legislation for the time being in force made under it.

Compliance with Relevant Laws

General Data Protection Regulation (GDPR)

• Description: GDPR is a comprehensive data protection law in the EU that regulates how companies collect, store, and process personal data.
• Compliance Efforts: We ensure that user data is collected lawfully, transparently, and for specific purposes. Users have the right to access, correct, and delete their data. Our data processing practices are detailed in our Privacy Policy, and we have robust measures in place for data security and breach notifications.

Data Protection Act 2018 (UK)

• Description: This Act is the UK’s implementation of GDPR, with additional provisions for data protection in the UK.
• Compliance Efforts: We comply with the Data Protection Act 2018 by maintaining data protection measures consistent with GDPR standards, ensuring that user data is handled legally and securely.

Children's Online Privacy Protection Act (COPPA) (US)

• Description: COPPA imposes certain requirements on operators of websites or online services directed to children under 13 years of age.
• Compliance Efforts: We obtain verifiable parental consent before collecting any personal information from children under 13. We also provide parents with access to review their child's data and the ability to delete it.

California Consumer Privacy Act (CCPA)

• Description: CCPA gives California residents more control over the personal information that businesses collect about them.
• Compliance Efforts: We provide California residents with rights to access, delete, and opt-out of the sale of their personal information. Our Privacy Policy includes specific disclosures required by CCPA, and we have procedures to handle data requests from California residents.

Cyber Essentials (UK)

• Description: A UK government-backed scheme that helps organizations protect themselves against common online threats.
• Compliance Efforts: We are Cyber Essentials certified, demonstrating our commitment to cyber security. This certification ensures that we have implemented essential security controls to protect against cyber threats.

Payment Card Industry Data Security Standard (PCI DSS)

• Description: PCI DSS is a set of security standards designed to ensure that all companies that accept, process, store, or transmit credit card information maintain a secure environment.
• Compliance Efforts: We adhere to PCI DSS standards by using secure payment processors and implementing strong security measures to protect payment data.

Family Educational Rights and Privacy Act (FERPA) (US)

• Description: FERPA is a federal law that protects the privacy of student education records.
• Compliance Efforts: We ensure that any educational records we handle are protected in compliance with FERPA, providing parents with access to their children's records and ensuring confidentiality.

UK-Specific Laws and Guidelines

UK Children's Code (Age-Appropriate Design Code)

• Description: This code sets out 15 standards that online services should meet to protect children's privacy.
• Compliance Efforts: We design our services to be age-appropriate and protect the privacy of children, providing clear information and default privacy settings that ensure maximum protection.

Electronic Commerce (EC Directive) Regulations 2002

• Description: These regulations implement the EU's E-commerce Directive into UK law, covering online services and contracts.
• Compliance Efforts: We provide clear information about our identity, services, and terms of contract on our website, ensuring transparency and compliance with online trading laws.

US-Specific Laws and Guidelines

Children's Internet Protection Act (CIPA)

• Description: CIPA imposes certain requirements on schools and libraries that receive discounts for internet access through the E-rate program.
• Compliance Efforts: While not directly applicable to our services, we ensure our platform supports safe internet use by children, including filtering and monitoring tools for educational settings.

CAN-SPAM Act

• Description: This law sets the rules for commercial email, establishes requirements for commercial messages, and gives recipients the right to have you stop emailing them.
• Compliance Efforts: We include clear opt-out instructions in all our marketing emails and promptly honour unsubscribe requests to comply with email marketing regulations.

General International Guidelines

ISO/IEC 27001 (Information Security Management)

• Description: An international standard for managing information security.
• Compliance Efforts: We follow best practices outlined in ISO/IEC 27001 to ensure the confidentiality, integrity, and availability of user data.

W3C Web Content Accessibility Guidelines (WCAG)

• Description: These guidelines provide a standard for making web content more accessible to people with disabilities.
• Compliance Efforts: We design our platform to be accessible to all users, ensuring compliance with WCAG standards.

Access to the Collage App

3.1 To create an Account you must be at least 18 years old and legally capable of entering into a contract. You must provide certain information about you and the Children. All information that you provide to us on creation of an Account must be accurate and complete, and you agree to keep the information up-to-date. We shall process all personal data you provide to us relating to you and the Children in accordance with our privacy policy available on the Collage App and in accordance with the requirements of the Data Protection Legislation.

3.2 If you do not have parental responsibility for the Children, you must have the written permission from an individual who does have parental responsibility to provide to us personal data of the Children, including images, recordings, and photographs you take of the Children. You must provide us with a copy of that written permission on our request. If you do not have parental responsibility for those Children, you shall also comply with the requirements of Data Protection Legislation in relation to your relationship with the Children. If we believe at any time that you have provided any information about any of the Children without appropriate consent, we shall delete all such information.

3.3 You must provide a user identification and choose a password to access your Account. You are responsible for keeping access details confidential and you shall not allow any third party, including the Children, to access your Account. As the main Account holder, you are able to create and revoke further access accounts for other users. You are responsible for any activity by any user under your Account. Please contact us immediately by email at hello@collageapp.co.uk if you believe there has been any unauthorised use of your Account.

3.4 During the Term, we grant you a non-transferable, non-exclusive, non-assignable limited license, without the right of sub-license to access and use the Collage App for your own purposes and the education of the Children.

3.5 You shall not directly or indirectly:

• (a) except to the extent expressly permitted by law and not capable of exclusion by law, copy, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Collage App;
• (b) modify, translate, or create derivative works based on the Collage App or copy (except for archival purposes), rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Collage App;
• (c) use or access the Collage App to build or support, and/or assist a third party in building or supporting, products or services competitive to us;
• (d) remove any proprietary notices from any content on the Collage App;
• (e) use the Collage App in any manner that could damage, disable, overburden, impair, obstruct, or otherwise interfere with the Collage App;
• (f) transmit spam, chain letters, or other unsolicited emails through the Collage App; and/or
• (g) scrape the Collage App or otherwise collect content, including content of any other user, by automated means.

3.6 We will use reasonable endeavours to maintain and make the Collage App available at all times. However, there may be occasions when access may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We shall use reasonable endeavours to notify you of any scheduled maintenance or upgrades, and to schedule such maintenance and upgrades outside of normal working hours. However, you agree that we have no liability to you for such interruptions.

3.7 For the avoidance of doubt, we shall also not be liable if you are unable to access the Collage App or any content for any reason within your control, including your failure to use appropriate equipment or insufficient bandwidth.

3.8 We may freely use any data that we learn, acquire or obtain in connection with your use of the Collage App, including through online tracking tools, in order to improve, review and analyse the Collage App, provided that we shall not use any Personal Data under this condition for any other purpose.

3.9 We may from time to time at our sole discretion update the Collage App, and/or amend or discontinue any functionality on the Collage App and we shall have no liability to you in respect of any act under this Condition 3.9 except for a pro-rata refund of the Fee as we reasonably determine.

User Content

4.1 You warrant and represent that you have the right to upload any User Content to the Collage App and that storage and accessibility of that User Content within the Collage App shall not give rise to any claim against us. In particular, you warrant and represent that:

• (a) nothing in the User Content is in breach of any law, statute, or regulation;
• (b) the User Content does not contain any content that is illegal, deliberately dishonest, unfair, or false or that promotes fraudulent or illegal activities, promotes violence or hatred, is discriminatory of any group of people, or is obscene, offensive, hateful, or inflammatory;
• (c) nothing in the User Content contains any viruses or other computer programs intended to damage, detrimentally interfere with and/or surreptitiously intercept any system, network, or platform;
• (d) use of the User Content shall not infringe the IP Rights of a third party;
• (e) the User Content must not be used by you in breach of any contractual obligation you owe to a third party, including any obligation of confidentiality.

4.2 You shall indemnify us and our directors from and against all third-party costs, claims, demands, liabilities, expenses, damages, or losses arising out of or in connection with any breach of such warranties or otherwise in relation to our use of the User Content in accordance with these Terms of Use.

4.3 You grant to us a non-exclusive right and license together with the right to sub- to use, amend, reproduce and distribute the User Content in relation to the function and performance of the Collage App.

4.4 You are the data controller for data you, or the people you give access to, add to Collage. You must have a lawful basis for entering data into Collage and use Collage in a way that is compliant with data protection law. You must respond to data protection requests and keep your contact details on Collage up to date.

4.5 Your User Content is held on our servers and is not accessed by us unless you give us permission in order to provide you with customer support or troubleshooting services. Any access to your User Content by us with your permission will be registered on our audit log.

4.6 We will comply with relevant data protection laws, including the GDPR and COPPA, when handling your User Content.

Fees and Payment

6.1 Payment of the Fee can be made through multiple platforms, including Apple, Google Play, Stripe, and PayPal, in accordance with the terms of use of each respective platform. You agree to comply with the terms and conditions of the payment platform you choose.

6.2 The Fee is due monthly or annually in advance.

6.3 The Fee is exclusive of VAT which shall be payable in addition when applicable.

6.4 Payment of the Fee is due without set-off, deduction of charges, or counterclaim of any kind.

6.5 Without limiting any other right or remedy available to us, if you fail to pay any sum in full by the due date, we shall be entitled to suspend or terminate your Account.

Warranties and Liability

7.1 We warrant that we shall make the Collage App available using reasonable skill and care and that the Collage App shall be of satisfactory quality, fit for purpose and as described.

7.2 Except as set out in these Terms of Use, and to the extent permitted by law, no representations, warranties, or conditions are given or assumed by us in relation to the Collage App. In particular, you agree that:

• (a) the Collage App has not been developed to meet the specific needs of your Children and the content is therefore for general information only;
• (b) we do not warrant that by using the Collage App any outcome, result, or event will be achieved or achievable by you and/or your Children;
• (c) we cannot warrant that your User Content will not be lost or corrupted. If this were to happen, we will use all reasonable commercial endeavours to restore the lost or damaged User Content from the latest back-up we have of your User Content, and this will be your only remedy for such loss or corruption.

7.3 Any liability that we have to you in respect of the Collage App shall only be for losses that arise as a direct result of our breach of these Terms of Use and you must submit evidence of the financial loss incurred by you as a result of such breach.

7.4 Nothing in these Terms of Use limits or excludes our liability for death or personal injury resulting from negligence, fraud or fraudulent misrepresentation, and/or any other liability that cannot lawfully be excluded under English law.

7.5 Your statutory rights as a consumer are not affected by any provision of these Terms of Use. If you have any complaint or wish to raise a dispute under these Terms or otherwise in relation to the Collage App, please contact us. If we are unable to resolve the dispute, you may follow the EU online dispute resolution procedure, at EU ODR Procedure.

Terms and Termination

8.1 If you live in the United Kingdom and/or the European Union, you may terminate your Account and receive a refund for Fees paid within 14 days from the first date your Account is opened, provided that you have not accessed your Account. You agree that by accessing your Account, you waive your right to cancel on 14 days.

8.2 Otherwise, you may terminate your Account only on 30 days’ notice. You may continue to access and download your User Content during this notice period.

8.3 Without prejudice to any other rights or remedies which may be available to us, we shall be entitled to give notice in writing to you terminating or suspending your Account if you are in breach of any of these Terms or if we decide to discontinue the Collage App for any reason.

8.4 We reserve the right to terminate any Account that is inactive for an extended period of time.

8.5 If we terminate your Account, you may not re-register under a different name and you acknowledge that your User Content may be deleted.

8.6 No refund of the Fee shall be due on termination except where we decide to discontinue the Collage App for any reason. In such circumstances, we shall refund you pro-rata for any part of the Fee paid in advance for access to the Collage App for any time after the date of termination.

IP Rights

9.1 All IP Rights in the Collage App, including but not limited to the software, features, functionalities, design, and underlying technology, are owned by us or our licensors.

9.2 You retain all rights, title, and interest in and to your User Content that you upload to the Collage App. We do not claim ownership over any User Content. However, by uploading User Content to the Collage App, you grant us a non-exclusive, worldwide, royalty-free to use, reproduce, modify, and display such User Content for the purpose of operating, maintaining, and improving the Collage App.

9.3 You shall promptly notify us of any claim, notification, or allegation that you receive that your use of the Collage App infringes the IP Rights of any third party (a Claim). You shall:

• (a) not make any admission of liability, agreement, settlement, or compromise in relation to a Claim without our prior written consent;
• (b) give to us and our professional advisers all reasonable assistance as may be required in relation to a Claim;
• (c) at our request, give us the exclusive control and right to defend a Claim and make settlements in relation to a Claim; and
• (d) mitigate your losses in relation to a Claim including by stopping accessing the content on the Collage App that gave rise to the Claim.

9.4 On receipt of the notice, we shall at our sole expense either procure for you the right to continue accessing and using the Collage App or modify or replace the infringing part of the Collage App to avoid the infringement.

9.5 Nothing in these Terms of Use shall be construed as granting you any rights to use any of our trademarks, trade names, logos, domain names, or other distinctive brand features without our prior written consent.

Force Majeure

10.1 An event of Force Majeure means any event beyond the reasonable control of either party, including change in laws or regulations, war, invasion, armed conflict, terrorism, strike, lock-out, labour dispute, failure of suppliers or subcontractors, riot, civil commotion, accident, act of God, fire, flood, and storm.

10.2 If a party is prevented, hindered, or delayed from or in performing any of its obligations under these Terms of Use by an event of Force Majeure, the affected party’s obligations under these Terms of Use are suspended without liability while the event of Force Majeure continues and to the extent that it is prevented, hindered, or delayed.

10.3 If performance of any obligation under these Terms of Use is prevented, hindered, or delayed due to an event of Force Majeure, either party shall be entitled to terminate these Terms of Use on written notice to the other party.

Accessibility Compliance

11.1 We are committed to making the Collage App accessible to all users, including those with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 to ensure that our content is perceivable, operable, understandable, and robust. Specifically, we aim to meet the following principles:

• Perceivable:
  • Text Alternatives: Provide text alternatives for any non-text content so that it can be changed into other forms people need, such as large print, braille, speech, symbols, or simpler language.
  • Time-based Media: Provide alternatives for time-based media.
  • Adaptable: Create content that can be presented in different ways (for example, simpler layout) without losing information or structure.
  • Distinguishable: Make it easier for users to see and hear content including separating foreground from background.
• Operable:
  • Keyboard Accessible: Make all functionality available from a keyboard.
  • Enough Time: Provide users enough time to read and use content.
  • Seizures and Physical Reactions: Do not design content in a way that is known to cause seizures.
  • Navigable: Provide ways to help users navigate, find content, and determine where they are.
• Understandable:
  • Readable: Make text content readable and understandable.
  • Predictable: Make web pages appear and operate in predictable ways.
  • Input Assistance: Help users avoid and correct mistakes.
• Robust:
  • Compatible: Maximize compatibility with current and future user agents, including assistive technologies.

11.2 We conduct regular accessibility audits and user testing to ensure ongoing compliance with WCAG 2.1 standards. We welcome feedback on how we can improve the accessibility of the Collage App. Please contact us at hello@collageapp.co.uk with any suggestions or issues.

Children's Data Protection

12.1 We are committed to protecting the privacy and security of children who use the Collage App. This section outlines our practices for handling children's data in compliance with applicable laws, including GDPR and COPPA.

12.2 Data Collection and Usage

• Parental Consent:
  • We require verified parental consent before collecting, using, or disclosing personal data from children under the age of 13 in compliance with COPPA.
  • Parents must provide explicit consent for the collection of data related to children, including personal information, images, and educational records.
• Types of Data Collected:
  • Personal Information: Names, ages, and educational records.
  • Media: Photos, videos, and audio recordings related to educational activities.
  • Usage Data: Information on how the app is used to improve functionality and user experience.
• Data Usage:
  • Data is used to provide, maintain, and improve the Collage App.
  • Personal data may be used for customer support, troubleshooting, and app enhancements.
  • We do not sell or share children's personal data with third parties for marketing purposes.

12.3 Data Protection Measures

• Encryption and Security:
  • All personal data is encrypted during transmission and storage.
  • We implement industry-standard security measures to protect against data breaches and unauthorized access.
• Access Controls:
  • Strict access controls are in place to ensure that only authorized personnel can access children's data.
  • Parents can access and control the data related to their children through the app's settings.
• Data Retention:
  • Data is retained for as long as necessary to provide the services.
  • Parents can request the deletion of their children's data at any time, and we will comply promptly.

12.4 Verification of Parental Consent

• Verification Methods:
  • Parents may provide consent via a signed consent form.
  • Use of verification tools that comply with GDPR and COPPA guidelines.
  • Digital consent forms and verification through email confirmation.
• Ease of Use:
  • A checkbox during account setup where parents affirm that they have read and agreed to the terms and conditions, including consent for data collection and usage for their children.

12.5 Rights of Parents

• Access and Control:
  • Parents have the right to review their children's data.
  • Parents can update, correct, or delete their children's personal information through their account settings.
• Revocation of Consent:
  • Parents can withdraw consent at any time by contacting customer support.
  • Upon withdrawal, all data related to the child will be deleted in compliance with applicable laws.
• Complaint Resolution:
  • Parents can contact us with any concerns regarding their children's data privacy.
  • We are committed to resolving complaints promptly and in accordance with legal requirements.

12.6 Compliance and Certification

• GDPR and COPPA Compliance:
  • Regular audits and updates to ensure compliance with GDPR and COPPA.
  • Training for employees on data protection practices and legal requirements.
• Cyber Essentials Certification:
  • Ongoing adherence to Cyber Essentials standards to maintain certification.
  • Regular security assessments and updates to safeguard personal data.

12.7 Data Minimization

• Purpose Limitation
  • We collect personal data solely for specified, explicit, and legitimate purposes. We do not process data in a manner that is incompatible with these purposes.
• Data Minimization
  • The data we collect is adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed. We ensure that we only collect data that is essential for providing our services.
• Data Collection Practices
  • We regularly review our data collection practices to ensure that we are not collecting excessive data. This includes periodic audits and assessments of the data we hold and process.
• Data Deletion
  • Any data that is no longer necessary for the purposes for which it was collected is promptly deleted or anonymized.

Security Measures

13.1 Introduction Ensuring the security of our users' data is a top priority for Homegrown Learning Limited. This section outlines the security measures we implement to protect your data on the Collage App.

13.2 Data Encryption

• Encryption in Transit:
  • All data transmitted between the user’s device and our servers is encrypted using industry-standard TLS (Transport Layer Security).
• Encryption at Rest:
  • Personal data stored on our servers is encrypted to protect it from unauthorized access.

13.3 Access Controls

• User Authentication:
  • Strong authentication mechanisms, including multi-factor authentication (MFA), to verify user identities.
• Role-Based Access:
  • Role-based access controls ensure that only authorized personnel have access to sensitive data.
• Audit Logs:
  • Comprehensive logging of access and actions performed on user data to detect and respond to unauthorized activities.

13.4 Infrastructure Security

• Secure Servers:
  • Our servers are hosted in secure data centers with robust physical and network security measures.
• Regular Security Audits:
  • Regular security audits and vulnerability assessments to identify and mitigate potential risks.

13.5 Data Integrity

• Backup and Recovery:
  • Regular backups of all critical data to ensure recovery in case of data loss or corruption.
• Data Integrity Checks:
  • Regular integrity checks to ensure that data has not been tampered with.

13.6 User Education

• Security Best Practices:
  • Providing users with guidelines on creating strong passwords and recognizing phishing attempts.
• Regular Updates:
  • Regular updates to users on new security features and any potential security threats.

13.7 Compliance

• Regulatory Compliance:
  • Adherence to GDPR, COPPA, and other relevant regulations to ensure lawful data processing and protection.
• Cyber Essentials Certification:
  • Maintaining Cyber Essentials certification to demonstrate our commitment to cybersecurity.

Data Portability Policy

14.1 Introduction At Collage App, we are committed to ensuring that our users can easily access and transfer their data. This Data Portability Policy outlines your rights and our obligations regarding the portability of your personal data, in compliance with relevant data protection laws, including GDPR.

14.2 User Rights As a user of Collage App, you have the right to:

• Access Your Data: Request a copy of the personal data we hold about you.
• Transfer Your Data: Request that your data be transferred to another service provider, where feasible.

14.3 Data Included in Portability The data covered under this policy includes:

• Personal information (name, email address, etc.)
• Educational records and reports
• Photos, videos, and audio recordings

14.4 Data Excluded from Portability Certain data, such as metadata and data that cannot be feasibly extracted, may not be included in the portability request.

14.5 Process for Data Portability Requests

• Request Submission
  • How to Submit a Request: Email us at hello@collageapp.co.uk with the subject line "Data Portability Request". Include your name, account details, and a description of the data you wish to port.
  • Verification of Identity: We will verify your identity to ensure that the request is legitimate. This may involve confirming your email address and asking for additional information if necessary.
• Data Preparation and Delivery
  • Data Compilation: We will compile your personal data, educational records, and any other relevant information stored in your account. Photos, videos, and audio recordings will be accessed from our S3 buckets on AWS.
  • Data Format: Data will be provided in a commonly used and machine-readable format (e.g., CSV, JSON). Reports and educational records will be provided as downloadable PDFs.
  • Access to Data: Users can download their reports and educational records directly from the Collage App interface. Media files can be accessed individually and downloaded from the Collage App.
• Transfer to Another Provider
  • Feasibility of Transfer: Direct transfers to another service provider are supported where technically feasible. For data stored in S3 buckets, bulk download is not available; however, users can manually download individual files.
  • Timeline: We will process data portability requests within 30 days of receiving the request and verifying your identity.

14.6 Compliance with Legal Requirements

• GDPR Compliance
  • Right to Data Portability: Under GDPR, users have the right to receive personal data in a structured, commonly used, and machine-readable format and have the right to transmit those data to another controller without hindrance.
  • Legal Basis: We will ensure that data portability requests comply with Article 20 of the GDPR, which outlines the right to data portability.
• COPPA Compliance
  • Children’s Data: For users under the age of 13, data portability requests must be submitted by a verified parent or guardian.

Third-Party Services

15.1 Introduction At Collage App, we utilize several third-party services to ensure the smooth operation, security, and enhancement of our platform. This section outlines our approach to managing these integrations while complying with relevant data protection laws, including GDPR and COPPA.

15.2 Use of Third-Party Services We leverage third-party services to enhance the functionality and security of our platform. These services are carefully selected to ensure they meet our stringent data protection and security requirements. While we strive to maintain transparency, we also prioritize the security of our systems and the protection of our users' data.

15.3 Compliance with Legal Requirements

• GDPR Compliance
  • Data Processing Agreements: We have data processing agreements (DPAs) with all third-party service providers to ensure they comply with GDPR standards for data protection and privacy.
  • Data Minimization: We ensure that only the necessary data required for the functioning of the service is shared with third parties.
  • Data Security: We use encryption, access controls, and regular audits to protect user data processed by third-party services.
• COPPA Compliance
  • Parental Consent: For users under the age of 13, we obtain verified parental consent before collecting personal data and ensure that third-party services comply with COPPA requirements.
  • Data Access and Deletion: Parents can request access to or deletion of their child’s data stored on third-party services at any time.

15.4 General Practices

• Data Protection and Security: We ensure that all third-party services we use implement strong data protection and security measures, including encryption and access controls.
• Regular Audits: We conduct regular audits of our third-party service integrations to ensure continued compliance with data protection laws.
• Transparency and User Control: Users have the right to access, modify, or delete their data processed by third-party services in accordance with our data protection policies. While we do not disclose specific details about the services for security reasons, we assure that all our third-party integrations adhere to high standards of data protection and security.

If you have any questions or concerns about our use of third-party services, please contact us at hello@collageapp.co.uk.

User Rights

16.1 Introduction At Collage App, we are committed to ensuring that our users have full control over their personal data. This section outlines the rights you have as a user and how you can exercise these rights. We comply with relevant data protection laws, including GDPR, COPPA, and other applicable regulations.

16.2 Your Rights

• Right to Access
  • You have the right to request access to the personal data we hold about you. This includes information on how your data is being used and the purposes for which it is processed.
  • How to Exercise: To request access, contact us at hello@collageapp.co.uk. We will provide a copy of your data in a commonly used electronic format within 30 days.
• Right to Rectification
  • If you believe that any personal data we hold about you is incorrect or incomplete, you have the right to request that we correct or update this information.
  • How to Exercise: Contact us at hello@collageapp.co.uk with details of the correction needed. We will update your data within 30 days.
• Right to Erasure (Right to be Forgotten)
  • You have the right to request the deletion of your personal data, subject to certain conditions.
  • How to Exercise: Submit a request to hello@collageapp.co.uk. We will delete your data within 30 days unless there are legitimate grounds for retaining it (e.g., legal obligations).
• Right to Restrict Processing
  • You can request that we limit the processing of your personal data under certain circumstances, such as when you contest the accuracy of the data.
  • How to Exercise: Contact us at hello@collageapp.co.uk with your request. We will respond within 30 days.
• Right to Data Portability
  • You have the right to receive your personal data in a structured, commonly used, and machine-readable format, and to transmit that data to another controller.
  • How to Exercise: Request data portability by contacting us at hello@collageapp.co.uk. We will provide the data within 30 days.
• Right to Object
  • You have the right to object to the processing of your personal data for specific purposes, such as direct marketing.
  • How to Exercise: Contact us at hello@collageapp.co.uk with your objection. We will cease processing your data for the specified purpose unless we have compelling legitimate grounds to continue.
• Rights Related to Automated Decision-Making and Profiling
  • You have the right not to be subject to decisions based solely on automated processing, including profiling, which significantly affects you.
  • How to Exercise: If applicable, contact us at hello@collageapp.co.uk to request human intervention or to express your point of view.
• Right to Withdraw Consent
  • If you have provided consent for the processing of your data, you have the right to withdraw your consent at any time.
  • How to Exercise: Contact us at hello@collageapp.co.uk to withdraw your consent. Withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.
• Right to Lodge a Complaint
  • If you believe that your data protection rights have been violated, you have the right to lodge a complaint with a supervisory authority.
  • How to Exercise: Contact your local data protection authority. For UK users, this is the Information Commissioner's Office (ICO).

Data Breach Notification Policy

17.1 Introduction At Collage App, we are committed to protecting the personal data of our users. In the event of a data breach, we have established procedures to ensure that we can respond swiftly and effectively. This section outlines our policy for notifying affected individuals and relevant authorities in the event of a data breach.

17.2 Definition of a Data Breach A data breach is defined as a security incident that results in the unauthorized access, disclosure, alteration, or destruction of personal data. This includes, but is not limited to, incidents involving:

• Loss or theft of data or equipment containing personal data
• Unauthorized access to personal data
• Accidental disclosure of personal data
• Data corruption

17.3 Notification Policy

• Immediate Response
  • Upon detecting a data breach, our immediate priority is to contain and mitigate the breach. This includes identifying the source of the breach, halting any ongoing unauthorized access, and securing our systems.
• Assessment of the Breach
  • We will conduct a thorough assessment to determine the nature and extent of the breach, including the types of data involved, the potential impact on individuals, and the likelihood of harm.
• Notification to Supervisory Authorities
  • If the breach is likely to result in a risk to the rights and freedoms of### Terms and Conditions (Continued)

Data Breach Notification Policy (Continued)

17.3 Notification Policy

• Immediate Response
  • Upon detecting a data breach, our immediate priority is to contain and mitigate the breach. This includes identifying the source of the breach, halting any ongoing unauthorized access, and securing our systems.
• Assessment of the Breach
  • We will conduct a thorough assessment to determine the nature and extent of the breach, including the types of data involved, the potential impact on individuals, and the likelihood of harm.
• Notification to Supervisory Authorities
  • If the breach is likely to result in a risk to the rights and freedoms of individuals, we will notify the relevant supervisory authority within 72 hours of becoming aware of the breach. The notification will include:
    • A description of the nature of the breach
    • The categories and approximate number of individuals affected
    • The categories and approximate number of data records affected
    • The likely consequences of the breach
    • Measures taken or proposed to address the breach and mitigate its impact
  • Notification to Affected Individuals
    • If the breach is likely to result in a high risk to the rights and freedoms of individuals, we will notify those affected without undue delay. The notification will include:
      • A description of the nature of the breach
      • The name and contact details of our Data Protection Officer (DPO) or another contact point
      • The likely consequences of the breach
      • Measures taken or proposed to address the breach and mitigate its impact
    • Notifications will be made via email and, where necessary, other appropriate communication channels.
  • Notification to Data Controllers
    • If we are processing data on behalf of another data controller, we will notify them of the breach without undue delay after becoming aware of it.
  • Record-Keeping
    • We will maintain a record of all data breaches, including the details of the breach, its effects, and the remedial action taken. This record will be kept regardless of whether the breach was required to be reported to the supervisory authority.

User Content Policy

18.1 Introduction At Collage App, we are committed to maintaining a safe and respectful environment for all users. To protect our community and ensure compliance with legal requirements, we have established the following policies regarding the upload and use of User Content. This section outlines the steps we will take if users violate these policies or laws.

18.2 User Content Guidelines

• Prohibited Content
  • Users are strictly prohibited from uploading, posting, or sharing content that:
    • Is illegal, deliberately dishonest, unfair, or false.
    • Promotes fraudulent or illegal activities, violence, or hatred.
    • Is discriminatory against any group of people.
    • Is obscene, offensive, hateful, or inflammatory.
    • Contains viruses or other malicious software.
    • Infringes the intellectual property rights of any third party.
    • Breaches any contractual obligations, including obligations of confidentiality.
  • Monitoring and Moderation
    • We do not actively monitor all User Content uploaded to the Collage App. However, we reserve the right to review and remove any content that violates these guidelines.
    • Users can report inappropriate content through the app's reporting feature. Our team will review these reports and take appropriate action.

18.3 Enforcement Actions If we determine that a user has violated our User Content guidelines or applicable laws, we may take one or more of the following actions:

• Content Removal
  • We will remove or disable access to any content that violates our policies.
• Account Suspension or Termination
  • We may suspend or terminate the user’s account if they repeatedly violate our policies or upload particularly egregious content.
• Notification to Authorities
  • If the content violates the law, we may report the user and the content to appropriate law enforcement authorities.
• Legal Action
  • We reserve the right to pursue legal action against users who violate our terms and cause harm to our community or the company.

18.4 User Responsibilities

• Accurate Information
  • Users must ensure that all information they provide is accurate and complete. This includes information about the children under their care and any content they upload.
• Parental Responsibility
  • Users who upload content related to children must have the necessary permissions if they are not the legal guardian. They must also comply with data protection laws.
• Compliance with Laws
  • Users are responsible for ensuring that their use of the Collage App complies with all applicable laws and regulations.

18.5 Violation Consequences

• Warning
  • For minor violations, we may issue a warning and provide guidance on how to comply with our policies.
• Temporary Suspension
  • For more serious violations, we may temporarily suspend the user’s account to prevent further infractions.
• Permanent Ban
  • For severe or repeated violations, we may permanently ban the user from accessing the Collage App.
• Data Deletion
  • We may delete any User Content that violates our policies or the law. Users will be notified of such actions and provided with reasons.

18.6 Reporting Violations Users can report violations of these policies by contacting us at info@collageapp.co.uk. We will investigate all reports and take appropriate action.

18.7 Legal Compliance We are committed to complying with all relevant laws and regulations, including data protection laws such as GDPR and COPPA. Users are also expected to comply with these laws when using the Collage App.

Update Process

19.1 Update Process: We may update these Terms of Use from time to time to reflect changes in our services or legal obligations.

19.2 Notification of Changes: We will notify you of any significant changes to these Terms of Use at least 14 days before they take effect. For minor changes, we may provide a shorter notice period or inform you through other appropriate channels.

19.3 Advance Notice: You will receive an email notification detailing the changes and their implications.

19.4 Acceptance of Changes: Your continued use of the Collage App after the changes have taken effect constitutes your acceptance of the updated Terms of Use.

19.5 Access to Previous Versions: Previous versions of these Terms of Use will be accessible for your reference.

Last updated: Feb 2025