Privacy Policy
Your privacy is important for us. This Privacy Policy explains who we are, how we collect, use and share Personal Data, and how you can exercise your data protection rights. Therefore, please read these terms carefully before using this Website. If you do not agree to this Privacy Policy you should cease using the Website and refrain from submitting Personal Data to us.
This Privacy Policy is valid only for Personal Data collected on this Website, not being applicable for Personal Data collected by third parties on other websites, even if they are linked by the Website. If you have any questions or concerns about the use we make of your Personal Data after reading these terms, please reach us using the contact details provided under the heading «2.15.- CONTACT INFORMATION» in this Privacy Policy.
A. THE BASICS
1.1.- ABOUT US
tinychanterstribe.com is an online platform owned and operated by Pablo Caballero («we», «us», and «our»). We create, publish and sell EFL/ESL teaching resources, materials and activities (e.g. songs, videos, flashcards, labels, worksheets, coloring pages, music scores…) for teachers, parents and children all over the world (the «Service»). Our mission is to make English learning fun and meaningful.
1.2.- KEY TERMS
In this Privacy Policy, these terms have the following meanings:
1.3.- DATA PROTECTION LAWS COMPLIANCE
This Website is compliant with the European and Spanish legal requirements regarding Personal Data protection:
· Law 34/2002 of July 11 on Information Society Services and Electronic Commerce (LSSICE or LSSI).
In accordance with the provisions of Organic Law 3/2018 of December 13 on Protection of Personal Data and Guarantee of Digital Rights, by accepting this Privacy Policy you give your informed, express, free and unequivocal consent for the Personal Data you provide in the Website to be included in our Subscribers List in order to carry out the necessary procedures with our Subscribers. The operations foreseen to be carried out are detailed under the heading «2.2.- PURPOSE (HOW DO WE USE YOUR DATA?» in this Cookies Policy.
B. PRIVACY POR VISITORS AND SUBSCRIBERS
2.1.- CATEGORY OF THE COLLECTED PERSONAL DATA (WHAT DATA DO WE COLLECT?)
The Personal Data we collect falls into the following categories:
· Information you provide to us: you may provide certain Personal Information to us when you use one of our Forms to download our freebies, send us message, or subscribe to our newsletter. This information includes basic contact information:
– Your name.
– Your email.
· Information we collect automatically: when you use the Website, we may automatically collect or receive Service Usage Data. In some (but not all) countries, including countries in the European Economic Area (“EEA”), this information is considered Personal Information under applicable data protection laws. We use cookies to collect this information. For further information, please review the section below and consult our Cookies Policy.
Service Usage Data may include:
– Usage data: we collect usage data about you whenever you interact with our Service, which may include the dates and times you access the Service and your browsing activities (such as what portions of the Service you used). We also collect information regarding the performance of the Service, including metrics related to the deliverability of emails and other communications you send through the Service.
2.2.- PURPOSE (HOW DO WE USE YOUR DATA?)
We collect the aforementioned Personal Data in order to:
· Cooperate with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of Personal Data to protect our rights or is necessary for our legitimate interest in protecting against misuse or abuse of our Website and Service, protecting personal property or safety, pursuing remedies available to us and limiting our damages, complying with judicial proceedings, court orders or legal processes, or responding to lawful requests.
We treat your Personal Data in a lawful, loyal and transparent manner. The use we make of them is adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed.
2.3.- HOW WE SHARE INFORMATION (WHO PROCESSES YOUR PERSONAL DATA?)
We may share and disclose your Personal Data to the following types of third parties for the purposes described in this Privacy Policy:
· Service providers: we share your information with some of our third-party service providers working on our behalf.
· Other Visitors: we make your username public to other Visitors so they can identify you when you make comments in our blog.
· Any competent law enforcement body, regulatory body, government agency, court or other third party where we believe disclosure is necessary as a matter of applicable law or regulation, to exercise, establish, or defend our legal rights, or to protect your vital interests or those of any other person.
2.3.1.- DATA PROCESSOR
The Email subscription and campaign management services are provided by The Rocket Science Group LLC d/b/a MailChimp, a company headquartered in the State of Georgia in the United States.
Mailchimp may use various technologies to automatically collect and store Service Usage Data when you interact with our email campaign, and this may include using cookies and similar tracking technologies, such as pixels and web beacons. For example, Mailchimp uses web beacons in the emails they send on our behalf. When you receive and engage with our campaign, web beacons track certain behavior such as whether the email sent through the Mailchimp platform was delivered and opened and whether links within the email were clicked. Web beacons allow Mailchimp to collect Personal Data such as your IP address, browser, email client type, and other similar data. They use this information to measure the performance of our campaigns, and to provide analytics information and enhance the effectiveness of their Service, and for the other purposes described in their privacy policy. You may consult the privacy policy and other legal documents at the following links:
· Other Mailchimp’s legal documents: https://mailchimp.com/legal/
2.3.2.- OTHER THIRD-PARTY SERVICE PROVIDERS THAT PROCESS YOUR DATA
The hosting service is provided by SiteGround Spain S.L., a company registered and existing under the laws of the Kingdom of Spain (registration number CIF: B87194171), with registered address: Calle de Prim 19,28004 Madrid, Spain. You may consult the privacy policy and other legal documents at the following links:
· Other Siteground’s legal documents: https://www.siteground.com/terms.htm
The web analysis services are provided by Google Inc. Google Analytics is a web analysis service provided by Google Inc., a company headquartered at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, United States of America. The information tracked by this cookie will be directly transfered and archived by Google in their servers in United States of America.
We use Google Analytics’ cookies to collect information like your IP address, an approximated geographical location, and other data that can’t be used to identify you directly. Google will use this information for the purpose of evaluating your use of the Website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google also uses this information to serve interest-based advertising. Google may transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. On the other hand, For further information about the types of cookies and tracking technologies we use, why, and how you can control them, please see our Cookies Policy. You may consult the privacy policy and other legal documents at the following links at the following links:
2.3.3.- OTHER THIRD PARTY SERVICE PROVIDERS THAT DO NOT PROCESS YOUR DATA
The content management system service is provided by the WordPress Foundation, a charitable organization based in United States of America. You may consult the privacy policy at the following link:
· WordPress Foundation’s privacy policy: https://wordpress.org/about/privacy/
The WordPress theme design service is provided by CMS Masters, a studio that creates WordPress themes and website templates. You may consult the privacy policy at the following link:
· CMS Masters’ privacy policy: https://wordpress.org/about/privacy/
The lead generation service is provided by Whitesquare GmbH, a company headquartered in Beckengaesschen 1, 8200 Schaffhausen, Switzerland with VAT number CHE-361.830.268. You may consult the privacy policy and other legal documents at the following links:
· Whitesquare GmbH’s terms: https://thrivethemes.com/terms/
The cookies use notice and management service is provided by createIT s.c. Borkowski Bartosz Aleksander Fredrych, a company headquartered in Wasiutyńskiego 16 00-707 Warszawa/Warsaw, Poland, with REGON number 340903486 and NIP number 9562288844. You may consult the privacy policy and other legal documents at the following link:
· createIT’s legal documents: https://www.createit.com/privacy-policy-website-terms/
2.3.4.- PUBLIC INFORMATION AND THIRD-PARTY WEBSITES
· Blog: we have a public blog on the Website. Any information you include in a comment on our blog may be read, collected, and used by anyone. If your Personal Data appears on our blogs and you want it removed, please reach us using the contact details provided under the heading «2.15.- CONTACT INFORMATION» in this Privacy Policy. If we are unable to remove your information, we will tell you why.
· Social media platforms and widgets: we maintain presences on Facebook and Youtube. Any information, communications, or materials you submit to us via a social media platform is done at your own risk without any expectation of privacy. We cannot control the actions of other users of these platforms or the actions of the platforms themselves. Your interactions with those features and platforms, including the embedded videos present in this Website, are governed by the privacy policies of the companies that provide them.
· Links to third-party websites: this Website includes links to other websites, whose privacy practices may be different from ours. If you submit Personal Data to any of those websites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit. On the other hand, we do not approve, supervise or control in any way the content and services available on the third party pages. As a consequence, we do not guarantee, nor are responsible for the legality, reliability, usefulness, truthfulness and timeliness of information contained in those websites. Clickable links are displayed as a website URL (like this: www.tinychanterstribe.com), as a titled text link (like this: Tiny Chanters Tribe) or as a button. The presence of links is for informational purposes only and in no case it does imply any suggestion, invitation, or acknowledgment regarding them. If you have any concerns about this we suggest you not to click on any links found in the Website. We reserve the right to delete any link to third party websites at any time.
· Contests and sweepstakes: we may, from time to time, offer surveys, contests, sweepstakes, or other promotions on the Website or through social media (collectively, «Promotions»). Participation in our Promotions is completely voluntary. Information requested for entry may include Personal Data such as your name, address, date of birth, phone number, email address, username, and similar details. We use the information you provide to administer our Promotions. We may also, unless prohibited by the Promotion’s rules or law, use the information provided to communicate with you, or other people you select, about our Service. We may share this information with our affiliates and other organizations or service providers in line with this Privacy Policy and the rules posted for our Promotions.
2.4.- LEGAL BASIS AND DATA PROCESSING AGREEMENT (HOW DO WE COLLECT YOUR DATA?)
If you are located in the EEA or UK, our legal basis for collecting and using the Personal Data described above will depend on the Personal Data concerned and the specific context in which we collect it. However, where required by law, we will collect Personal Data only where we have your consent to do so.
We will only collect and use Personal Data from you where the processing is in our legitimate interests and not overridden by your data-protection interests or fundamental rights and freedoms. Our legitimate interests are described in more detail under the heading «2.2.- PURPOSE (HOW DO WE USE YOUR DATA?)» in this Privacy Policy, but they typically include improving, maintaining, providing, and enhancing our technology, products, and services; ensuring the security of the Service and our Website; and supporting our marketing activities.
You directly provide us with the Personal Data we collect, and we collect this data in several ways. First. we collect and process your Personal Data with a double opt-in method consisting in three steps:
· Step 3: That Visitor receives an email to confirm their subscription. By completing these steps, a Visitor becomes a Subscriber.
After this, the new Subscriber’s Personal Data is added to our Subscribers List, along with important information like their IP address and when they filled out the aforementioned Forms and confirmed their subscription.
Accepting our Terms and Conditions, Privacy Policy and Cookies Policy is an indispensable condition to become a Subscriber. By accepting this Privacy Policy, you give your informed, express, free and unequivocal consent for your Personal Data to:
· Be internationally transfered due to the physical location of the facilities of the service providers and other data processors.
Your consent allows us to collect and process your Personal Data this way. Giving your consent is an indispensable condition to become a Subscriber. Failure to provide the requested Personal Data or failure to accept our Termns and Conditions, Privacy Policy and Cookies Policy means that it is impossible to subscribe. You can withdraw your consent anytime as detailed under the heading «2.11.- REVOCABILITY» in this Privacy Policy. Alternatively, you can unsubscribe from our newsletter as detailed under the heading «2.13.- COMMERCIAL MAIL» in this Privacy Policy.
Second, our third-party partners Google and Mailchimp may use various technologies to collect and store Service Usage Data when you use our Service (as discussed above), and this may include using cookies and similar tracking technologies, such as pixels, web beacons, and if you use Mailchimp’s Mobile Apps, through their SDKs deployed on your mobile device.
When our Visitors use the Website for the first time, they will see a cookie use notice that informs about the usage of cookies and their purpose. This consent pop-up has four buttons:
· Decline button (X): enables Visitors right to object to the storage of analytics and targeting cookies.
Your consent allows us to collect and process your Personal Data this way. Giving your consent is an indispensable condition to have analytics and targeting cookies installed in your computer. You can withdraw your consent anytime as detailed in the Cookies Policy.
2.5.- ACCURACY AND TRUTHFULNESS OF DATA
Subscribers are solely responsible for the accuracy, validity, and authenticity of the Personal Data provided, exonerating us of any responsibility in this respect. Subscribers also undertake to keep the data provided properly updated.
2.6.- SPECIFIC RULES FOR CHILDREN REGARDING THE LEGAL BASIS AND THE DATA PROCESSING AGREEMENT
Visitors over the age of 14 are allowed to use any functionality where Personal Data is requested without the prior consent of their parents or guardians. In the case of children under 14 years of age, the consent of the parents or guardians is required for the processing of their Personal Data. If you are under 14 years old and have accessed this Website without notifying your parents you must not share any Personal Data.
We also inform you that the photographs and videos that are posted on the website are the property of Pablo Caballero, including those of minors, of which, in order to obtain these, prior consent has been obtained from parents, tutors, or legal representatives by signing the forms made for that purpose by the centers in which the minors are part of. However, the parents, guardians, or representatives of the minors, as legal holders of the exercise of rights of previously mentioned minors, and always providing a previous formal request in writing, may indicate the refusal to use the image of the minor; in this case, the image will be shown in a pixelated form. If you would like to contact us for this reason, please reach us using the contact details provided under the heading «2.15.- CONTACT INFORMATION» in this Privacy Policy.
2.7.- DATA RETENTION PERIOD (HOW LONG DO WE RETAIN YOUR DATA?)
We will retain your Personal Data as long as we have an ongoing legitimate business or legal need to do so. We will continue storing your Personal Data under this basis until:
· You withdraw your consent.
When we have no ongoing legitimate business need to process your Personal Data will be eliminated with adequate security measures to guarantee its total destruction. If this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.
2.8.- DATA PROTECTION RIGHTS
We would like to make sure you are fully aware of all of your data protection rights and how to exercise them.
2.8.1.- WHAT ARE YOUR DATA PROTECTION RIGHTS?
You are entitled to the following:
· The right to complain to a data protection authority about the collection and use of Personal Data. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA and UK are available here and Switzerland are available here.
2.8.2.- HOW TO EXERCISE YOUR DATA PROTECTION RIGHTS
If you would like to exercise your data protection rights, please reach us using the contact details provided under the heading «2.15.- CONTACT INFORMATION» in this Privacy Policy. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection law. We may ask you to verify your identity in order to help us respond efficiently to your request. We will respond within 1 month.
2.9.- DATA SECURITY AND PROTECTION
We take appropriate and reasonable technical and organizational measures designed to protect Personal Data from loss, misuse, unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the Personal Data. Likewise, it is also guaranteed that the treatment and registration in files, programs, systems or equipment, premises, and centers comply with the requirements and conditions of integrity and security as established in the current regulations.
We have installed an SSL Certificate onto our web server to secure data transfer. SSL Certificates are small data files that digitally bind a cryptographic key to an organization’s details. When installed on a web server, it activates the padlock and the https protocol and allows secure connections from a web server to a browser. We use SSL to secure data transfer. However, we are not able to guarantee the absolute security of the Internet nor, consequently, that the Personal Data in our possession is invulnerable to fraudulent third-party access.
Should a security incident happens, we will notify and provide you with all the relevant information as soon as we notice the problem and when you request information about it.
We do not transfer Personal Data to third parties, except by legal obligation. However, in the case of being transferred to a third party, information would be prior obtained by the Subscriber requesting the express consent for such assignment. The Data Processor, that is responsible for the Subscribers List, as well as those that intervene in any phase of the treatment, and/or the entities to which they have been notified (in any case always with the corresponding authorization granted by the user), are obligated to observe professional secrecy, the adoption of protection levels, as well as technical and organizational measures necessary to ensure the security of Personal Data, avoiding, as far as possible, unauthorized access, illegal modifications, subtractions and/or loss of data, in order to ensure the corresponding level of security of our files, according to the nature and sensitivity of the data provided by the users of this Website.
If you have any questions about the security of your Personal Data, please reach us using the contact details provided under the heading «2.15.- CONTACT INFORMATION» in this Privacy Policy.
2.10.- ACCEPTANCE AND CONSENT
You declare to have been informed of the conditions regarding the protection of Personal Data, accepting and consenting to the treatment of your Personal Data by Pablo Caballero in the manner and for the purposes indicated in this Privacy Policy.
2.11.- REVOCABILITY
You can withdraw your consent anytime. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your Personal Information conducted in reliance on lawful processing grounds other than consent. If you would like to withdraw the consent, please reach us using the contact details provided under the heading «2.15.- CONTACT INFORMATION» in this Privacy Policy. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection law. We may ask you to verify your identity in order to help us respond efficiently to your request. We will respond within 1 month.
2.12.- CHANGES IN OUR PRIVACY POLICY
We reserve the right to modify this Privacy Policy according to our own criteria in order to adapt it to our legitimate interests, new legislation or jurisprudence. The most recent version of the Privacy Policy is reflected by the version date located at the bottom of this Privacy Policy. All updates and amendments will be effective after 10 days upon notice, which we may give by any means, including, but not limited to, by posting a revised version of this Privacy Policy or other notice on the Website. We encourage you to review this Privacy Policy often to stay informed of changes that may affect you. Our electronically or otherwise properly stored copies of this Privacy Policy are each deemed to be the true, complete, valid, authentic, and enforceable copy of the version of this Privacy Policy that was in effect on each respective date you visited the Mailchimp Site.
2.13.- COMMERCIAL MAIL
We do not perform SPAM practices, which means that we do not send e-mails that have not been previously requested or authorized by our Subscribers. Visitors must give their express consent to receive our newsletter, independently of the information punctually requested. Express consent is given by confirming subscription by email after filling in the Content Locker Form and the Newsletter Form.
Subscribers can opt out of receiving our newsletter anytime by clicking here or the «Unsuscribe» button available at the bottom of our emails.
2.14.- LEGISLATION
For all purposes, the relations between the Data Controller and the Visitors and Subscribers, present on this Website, are subject to the Spanish legislation and jurisdiction to which the parties expressly submit, being competent for the resolution of all disputes arising or related to their use the Courts of Valencia.
2.15.- CONTACT INFORMATION
If you have any questions about this Privacy Policy, or you would like to exercise one of your data protection rights, please email us at contact@tinychanterstribe.com.
Updated November 1, 2019