Last updated: 7th May, 2021
The Cypriot company Tomansa Ltd. based at Pindou 4, Nicosia, Cyprus (“Tomansa”), offers, through the Greek branch of Kinems, a platform of movement-based educational games for use in special education (the “Platform”), which provide real-time body performance visualizations and learning analytics for monitoring students’ progress. Tomansa respects the privacy of every individual and takes precautions to maintain individual privacy.
This privacy policy is designed to inform users of Tomansa at the website available at eu.kinems.com (the “Site”) and its Platform (the Site and the Platform, collectively, the “Service”) about how we gather and use personal information collected by us in connection with use of the Service. We will take reasonable steps to protect user privacy consistent with the guidelines set forth in this policy and with applicable EU data protection legislation, including without limitation the General Data Protection Regulation 679/2016 (“GDPR”). For the purposes of the GDPR, Tomansa is the data controller of the users of the Site and the Platform.
We take all precautions necessary in an effort to protect your information against security breaches and ensure that the Site and the Platform are safe, secure and free from bugs, viruses or other defects. However, this is not a guarantee that your information may not be accessed, disclosed, altered, or destroyed by breach of such firewalls and secure server software. Notwithstanding our obligations arising from applicable privacy laws, by using our Site, you acknowledge that you understand and agree to assume these risks.
In this policy, “user” or “you” means any individual or enterprise using the Service, whether as the customer purchasing the Service or an authorized user of the Service.
BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
Any information relating to an identified or identifiable natural person being processed by Tomansa is referred to in this Policy as “Personal Information”.
Limited Personal Information: We collect the following Personal Information about you in connection with the Service: (a) when you register to use the Service as a customer, through a trial or standard account, or use the Service as a teacher or administrator of a school customer, we will collect your first name, last name, e-mail address; (b) if you communicate with us by email but do not otherwise register to use the Service, we will collect your email address and the information that you provide to us; and (c) if you communicate with us through our chat module or contact form, we collect the information that you provide to us.
Please note that Tomansa does not collect, obtain, or retain information from any individual on the political affiliation, voting history, religious affiliation, or biometric information (including but not limited to information collected from the electronic measurement or evaluation of any physical or behavioral characteristics that are attributable to a single person, including fingerprint characteristics, hand characteristics, eye characteristics, vocal characteristics, and any other physical characteristics used for the purpose of electronically identifying that person with a high degree of certainty).
School District Customers: When school districts use the Service, we collect certain Personal Information from the school districts for each teacher who uses the Service to enable teachers to use the Service, including teacher name(s) and teacher e-mail address(es).
Student Data: We do not collect Personal Information of students. Each time a student uses the Platform, his/her teacher uses a nickname corresponding to that student, which consists of four (4) numbers and two (2) letters. Only school administrators and the student’s teacher know which nickname corresponds to each student, while it is technically impossible for Tomansa to be aware of the identity of the students. The student grade level, the data generated through the interaction of the students and the teacher users with the Platform, as well as the performance results and usage metrics generated from students’ use of the Service are pseudonymised data, which can be accessed only by their teachers. In addition, this pseudonymised information is not made available to other students, other teachers not related to the students or the public. Each teacher’s access is limited only to their students’ data. Finally, we do not collect Personal Information directly from students.
Use of Anonymous Information: We may use Anonymous Information (as defined below), or disclose it to third party service providers, to provide and improve the Service. "Anonymous Information" means information which does not enable identification of an individual user, such as aggregated information about use of the Service.
Web Tracking Information: We, and our third party service providers, may use web tracking technologies such as cookies, pixel tags and clear GIFs in order to operate the Service efficiently and to collect data related to usage of the Service. Such collected data (“Web Tracking Information”) may include the address of the websites you visited before and after you visited the Service, the type of browser you are using, your Internet Protocol (IP) address, what pages in the Service you visit and what links you clicked on, and, to the extent permitted by applicable legislation, whether you opened email communications we send to you. In order to collect Web Tracking Information and to make your use of the Service more efficient, we may store cookies on your computer. We may also use web tracking technologies that are placed in web pages on the Service or in email communications to collect information about actions that users take when they interact with the Service or such email communications. We do not correlate Web Tracking Information to individual user Personal Information. However, some Web Tracking Information may include data, such as IP address data, which qualify as Personal Information. You may be able to modify your browser settings to alter which web tracking technologies are permitted when you use the Service, but this may affect the performance of the Service.
Log Files: When users visit our Site, Tomansa gathers certain information automatically and stores it in log files. This information includes Internet Protocol (IP) addresses, browser type, Internet Service Provider, referring/exit pages, operating system, and date/time stamp. We use this information to monitor the usage of our Site. Also, when we send e-mails to you, we may be able to identify information about your email address, such as whether you can read graphic-rich HTML emails. We use this information not to identify individual users, but to analyze trends, administer the Site, track users' movements around the Site, and gather demographic information about our user base as a whole which provides us with the ability to determine aggregate information about our user base and usage patterns. We may, in some circumstances, need to review this automatically collected data in combination with specific registration information to identify and resolve issues for individual users, in which case these data qualify as Personal Information.
Cookies: The Tomansa Site also uses cookies to enhance the browsing experience on the Site. A cookie is a small text file or record that is stored on a user's computer when you visit the Site, which collects information about your activities on the Site. The cookies transmit this information back to the computers at Tomansa; these computers are, generally speaking, the only computers which are authorized to read such information. The information captured makes it possible for us to: (i) speed navigation, and provide you with custom tailored content; (ii) remember information you give to us, so you don’t have to reenter it each time you visit the Site; and (iii) monitor total number of visitors to the Site and pages viewed. You can choose to have your browser warn you every time a cookie is being sent to you or you can turn off cookie placement. By not using cookies, your overall internet browsing experience will be affected. For more information, please refer to our Cookie Policy.
Personal Information Generally: We will use and store your Personal Information for the purpose of delivering the Service, responding to your communication request and to analyze and enhance the operation of the Service. We may also use your Personal Information for the internal operational and administrative purposes of the Service. The legal bases for such processing are the performance of the contract between Tomansa and our customers for the provision of the Service and our legitimate interest to properly handle messages, requests, information or queries submitted by you and to improve the Service.
Personal Information of teachers and pseudonymised data of students: We only use Personal Information of teachers and pseudonymised data of students that has been provided to us by our school customers to make the Service available to those teachers, and to provide related reports to the applicable school district, teachers and administrators, and to improve the content and effectiveness of the Service. The legal bases for such processing are the performance of the contract with our school customers for the provision of the Service and our legitimate interest to improve the content and effectiveness of the Service.
Web Tracking Information: We use Web Tracking Information to administer the Service and to understand how well our Service is working, to store your user preferences, and to develop statistical information on usage of the Services. This allows us to determine which features visitors like best to help us improve our Service, to personalize your user experience, and to measure overall effectiveness. In cases Web Tracking Information includes Personal Information, the legal basis for its processing is either your consent or our legitimate interest to improve the Service, depending on whether the use of each category of cookies is absolutely necessary for the operation of the Site and the Platform or for the provision of the services requested by our customers and other users. For more information, please refer to our Cookie Policy.
Aggregate and De-Identified Information Generally: We will also create statistical, aggregated and/or de-identified data relating to our users and the Service for analytical purposes. Aggregated and/or de- identified data is derived from Personal Information and pseudonymised data of students but in its aggregated and/or de- identified form, it does not duplicate or reveal any User Data or relate to or identify any individual. This data is used to understand our customer base and to develop, improve and market our services. Aggregate and De-Identified Information from Schools: We use aggregated, de-identified student data for core product functionality and to improve the Services. We do not attempt to re-identify de- identified data and take all necessary technical to prevent any re-identification of the de- identified data.
Customer Testimonials: We may post customer testimonials on our Site, and may use testimonials in other formats consistent with consent received. Customer testimonials may contain personally identifiable information. We may use your Personal Information to contact you to obtain a testimonial and obtain your consent via email or agreement sent via fax, pdf or mail prior to using such testimonial and/or using your name along with your testimonial.
Legal Exception: Notwithstanding the above, we may in any event store and use Personal Information to the extent required by law or legal process, to resolve disputes, or to enforce our agreements (including this Privacy Policy) with you.
Email Communications: If you register to the use of the Platform as our customer and provide your email address, we will send you administrative and promotional emails. The legal basis for sending administrative emails is the provision of the Service to our customers, while the legal basis for sending promotional emails is our legitimate interest to promote our services based on our prior relationships with our customers. If you wish to opt out of promotional emails, you may do so by following the “unsubscribe” instructions in the email, or by editing your account settings as described below. All users receive administrative emails, which are necessary for the provision of the Service, and so you cannot opt out of them while you remain registered.
Personal Information and User Data: We will not disclose your Personal Information to any third parties except as follows:
Web Tracking Information: We disclose Web Tracking Information to Contractors, in order to analyze the performance of the Service and the behavior of users, and to operate and improve the Service.
Aggregate Information: We may disclose aggregated data that does not contain Personal Information to third parties, such as potential customers, business partners, and funding sources, in order to describe our business and operations.
Network Operators: Use of the Service may involve use of the services of third party telecommunications carriers. Such carriers are not our contractors, and any information that a carrier collects in connection with your use of the Service and is not subject to this Privacy Policy. We are not responsible for the acts or omissions of telecommunications carriers.
Additional Disclosures: We reserve the right to disclose any information we collect in connection with the Service, including Personal Information, to: (a) any successor to our business as a result of any merger, acquisition, asset sale or similar transaction; and (b) any law enforcement, judicial authority, or governmental or regulatory authority, to the extent required by law or if in our reasonable discretion disclosure is necessary to enforce or protect our legal rights or to protect third parties.
Tomansa’ servers are located in the European Union. Tomansa does not transfer any Personal Information outside the European Union or the European Economic Area.
Your Personal Information that has been provided to us in the context of the Service will be retained for as long as necessary for the provision of the Service. Within a reasonable amount of time after (a) the termination of a customer’s contract with us or (b) inactivity of a customer in using the Service, we will remove all Personal Information related to students, teachers and administrators associated with such customer. Personal information that you have provided us when you contact us for submitting a message, request, information or query will be stored in our files until we can properly handle the relevant matter and be able to examine and respond to your request, message, information or query. As regards your email address that we use to send you our newsletter, it will be stored in our list until you decide to deregister from our promotional newsletter. In case that you request to be deregistered, we will ensure that you are immediately removed from such list and we will no longer send you any newsletters.
We remove backed-up data in accordance with our standard data retention practices. In the event we are required to restore backed-up data, we will purge all Personal Information not currently in use from the restored back-ups.
Access, Correction, Deletion, Restriction, Objection, Withdrawal of Consent and Data Portability
Customers, administrators and teachers have the right to request access, rectification and erasure of their Personal Information, under the conditions referred to in the GDPR, as well as the right to restrict and to object to the processing of their Personal Information. They also have the right to receive their Personal Information in a structured, commonly used and machine readable format and to request their transmission to a third party.
Additionally, where the data processing is based on their consent, they have the right to withdraw their consent at any time, without such withdrawal affecting the lawfulness of processing based on their consent before its withdrawal.
If you want to exercise the above-mentioned rights or to ask any question regarding the processing of your Personal Information, please contact us at privacy@kinems.com.
Right to lodge a complaint
Customers, administrators and teachers have the right to lodge a complaint with the supervisory data protection authority of their habitual residence or place of work, if they consider that the processing of their Personal Information by Tomansa infringes the GDPR or other data protection legislation.
Security: We implement the necessary technical and organizational measures use reasonable security precautions to protect the security and integrity of your Personal Information in accordance with this policy and applicable law. The Service is hosted in a cloud environment in the European Union and the hosting provider implements network-level security measures in accordance with industry standards. However, no internet transmission is completely secure, and we cannot guarantee that security breaches will not occur. Without limitation of the foregoing and to the fullest extent permitted by law, we are not responsible for the actions of hackers and other unauthorized third parties that breach our reasonable security procedures.
Links: The Tomansa Service may contain links to other websites. Tomansa is not responsible for the privacy practices or the content of those websites. Users should be aware of this when they leave our Site and review the privacy statements of each third party website. This Privacy Policy applies solely to information collected by the Service. We encourage our users to read the privacy policies of these other web sites before proceeding to use them.
Amendments: Tomansa may modify or amend this policy from time to time. If we make any material changes, as determined by Tomansa, in the way in which Personal Information is collected, used or transferred, we will notify you of these changes by email and by posting a modified version of this Privacy Policy on our website. Notwithstanding any modifications we may make, any Personal Information collected by Tomansa from you will be treated in accordance with the privacy policy in effect at the time information was collected.
Children: Tomansa does not knowingly collect or maintain personally identifiable information from persons under 13 years of age. If you are under 18 years of age, then please do not use the Service other than under the direction of your parent or guardian. If Tomansa learns that personally identifiable information of persons less than 13 years of age has been collected without verifiable parental consent, then Tomansa will take the appropriate steps to delete this information. To make such a request, please contact us at privacy@kinems.com.