I. General Provisions
This Privacy Policy (and associated Terms and Conditions/User Agreement) defines the rules for the collection, processing, and storage of Users’ personal data necessary for the provision of electronic services through: the website, mobile applications, video games, programs, and any other publications and digital content administered by the Controller (hereinafter collectively referred to as: the Service). The Service collects and processes data to the minimum but necessary extent for the provision and development of the services, including educational data, User results, progress, and activity in games and learning. Personal data collected via the Service is processed in accordance with the GDPR. International Nature of the Service and Global Risk. The Service is global in nature, and the services and electronic games offered are available and provided worldwide. The User acknowledges and accepts that the processing, storage, and potential transfer of personal data, educational data, and activity data are carried out on a global scale, outside the territory of the EEA. Individuals who do not accept global processing and the associated risk are strictly requested to refrain from using the Service.
II. Data Controller
The Controller of personal data collected through the Service is [PLACEHOLDER: LEGAL ENTITY/INDIVIDUAL NAME], address: [PLACEHOLDER: REGISTERED OFFICE/RESIDENCE ADDRESS], KRS: [PLACEHOLDER: NUMBER], NIP: [PLACEHOLDER: NUMBER], REGON: [PLACEHOLDER: NUMBER], email address: [PLACEHOLDER: EMAIL ADDRESS] (hereinafter: the Controller).
III. Purpose of Data Collection and Legal Basis for Processing
Personal data, including all educational data (grades, test results, progress), activity data in games and learning, are used for: Account registration and User identity verification. Enabling login to the Service and performance of the electronic services agreement. Strict documentation of the learning process, progress monitoring, evaluation, generation of grades, reports, and certificates. Analytical, statistical, and research activities serving the development of the Service, teaching methods, and personalization of games. Marketing, remarketing, affiliation, and promotion of the Controller’s offer (only with separate consent). Debt collection, establishment, and pursuit of claims or defence against them. Providing data is voluntary but necessary for the conclusion of the agreement or use of the Service’s functionalities. Lack of consent to process educational and activity data prevents the use of the Service.
IV. Type of Personal Data Processed
For Students/Parents: Name and surname, date of birth, email address, contact details of Parents/Legal Guardians, residence address, phone number, and all data regarding results, grades, academic progress, time spent on games/learning, exam and test reports, and all data related to activity and interaction within the Service. For Teachers/Creators: Name and surname, email address, phone number, NIP, information on qualifications. Identifiable Data of Creators and Teachers. A User acting as a Teacher or Creator consents to the processing and public disclosure of their identifying data (including username, name and surname, profile picture, or pseudonym) for attribution and promotion purposes.
V. Period of Personal Data Processing
In the case of educational data, results, and progress – data are stored for the period of service provision plus an additional 6 years from the date the service provision ends or consent is withdrawn, which is necessary for archival purposes, defence against claims, and conducting further scientific research by the Controller. The standard limitation period is 6 years.
VI. Sharing of Personal Data and Global Transfer
The User’s personal data may be transferred to entities related to the Controller, its subcontractors, and collaborating entities. The User’s personal data WILL be transferred outside the European Economic Area (EEA) to [PLACEHOLDER: SPECIFY COUNTRIES OR REGIONS] to enable global access to games and services. Conscious Acceptance of Risk. The User, by using the Service and network games, consciously accepts that countries outside the EEA may not provide the same level of personal data protection as European law (GDPR). Exclusion of Liability for Anonymity. The Controller is not liable for lack of anonymity or for potential access to basic personal data by other Users globally, as this is an inherent feature of the Service and a conscious risk assumed by the User. The Controller is not responsible for the independent actions of the aforementioned third parties or their privacy policies.
VII. User Rights
Requests for data deletion do not cover data that the Controller is obliged to retain for administrative, legal, archival, or security purposes.
VII.A. USE OF THE SERVICE BY MINORS (CHILDREN <13/16 YEARS OLD) AND THE ROLE OF THE PARENT/GUARDIAN
Absolute Prohibition of Account Creation by the Child. The Service is intended for children, however, persons under 18 years of age, and especially persons under 13 years of age, are prohibited from independently creating a User Account. The account must be created and supervised by a Parent/Legal Guardian. “Parent Account → Child Profile” Model. Access to the Service for minors is possible only by a Parent/Legal Guardian creating a Parent User Account and subsequently creating a Child Profile (or multiple Child Profiles) within that account. Role of the Parent Account. The Parent/Legal Guardian Account serves to: Express consent to the processing of the child’s minimal data. Manage payments, subscriptions, and privacy settings. Monitor the child’s progress and results. Accept legal responsibility for all actions and interactions of the child within the Service, including actions on the Child Profile. Parent/Legal Guardian Consent. By setting up a Parent Account and creating a Child Profile, the Parent/Legal Guardian declares and guarantees that they have full authorization to consent to the processing of the child’s personal data and the child’s use of the Service in accordance with these Terms. Minimization of Child Data (COPPA/GDPR Compliance). The Controller is committed to minimizing the data collected about the child through the Child Profile. Child Profile Data may include only: Pseudonym or First Name (without surname), Avatar, Age, Progress, and Learning Results. The Service Strictly Prohibits collecting ( via the Child Profile) the child’s email address, phone number, residence address, or photos or voice recordings of the child without additional, express consent from the Parent. Exclusion of Liability for Breach of Prohibition. Full responsibility for age verification and consent rests with the Parent/Legal Guardian.
VIII. Cookies and Tracking Technologies
The collection of cookies other than those technically necessary takes place only after the active, explicit, and separate consent of the User has been given.
IX. OWNERSHIP OF USER CONTENT (TRANSFER OF RIGHTS)
Automatic and Full Transfer of Intellectual Property. Upon submission or generation of all content, materials, and works (hereinafter: “User Content”) within the Service, the User automatically and without additional remuneration transfers to the Controller all proprietary copyrights and intellectual property rights to this Content, for an indefinite period and without territorial limitation. Perpetual Company Ownership. All intellectual property uploaded by the User remains the exclusive property of the Controller forever. Full Freedom to Manage Content. The Controller has the right to unilaterally remove, edit, or delete any User Content at any time and without giving a reason.
X. ABSOLUTE PROVISIONS FOR SERVICE CONTROL AND SAFETY RULES
Right to Unilateral Termination of Participation. The Controller reserves the full and irrevocable right to unilaterally deprive any User of the right to participate and use the Service (delete or block the account) at any time, without the need to give a reason and without liability for compensation. Absolute Safety of Minors. The paramount goal is the safety of minor Users. All measures taken by the Controller against any User are permissible and justified if they serve the protection of minors, and require no further explanation. Prohibition of Cheating. A strict prohibition on the use of any programs, bots, and unauthorized tools that give an unfair advantage. The Controller has the right to permanently ban the account.
X.A. ABSOLUTE EXCLUSION OF LIABILITY FOR PHYSICAL SAFETY AND GAME/ACTIVITY ENVIRONMENT
Comprehensive Scope of the Clause. The provisions of this point apply to all forms of activities, games, play, exercises, and instructions offered by the Service, regardless of their nature or technology (including AR/VR). Mandatory Obligation to Ensure Safety. Total and exclusive responsibility for the physical safety, health, life, and property of the User and third parties rests with the User and their guardians. The Service only offers the possibility (platform, instruction) to participate. Requirement for External Supervision and Safety Measures. The Participant (or Guardian) is obliged to follow all HSE (Health, Safety, and Environment) regulations, professional instructions, and precautionary measures. In cases where the User is unaware of their surroundings (AR/VR), constant, uninterrupted external supervision (a “spotter”) is required. Exclusion of Administrator Liability. The Controller bears no liability whatsoever for: lack of proper supervision, inadequate preparation of the location/equipment, failure to comply with safety rules, or any physical injuries, property damage, or accidents resulting from the use of the Service, regardless of the technology.
XI. DISCLAIMER AND LEGAL EXCLUSIONS (LIMITATION OF LIABILITY – HARDCORE VERSION)
Disclaimer of Warranties. The Service is provided “AS IS” and “AS AVAILABLE”. The Controller gives no warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, error-free operation, data security, or compliance with User expectations. The User uses the Service at their own risk. Maximum Limitation of Financial Liability (Maximum Liability Cap). To the MAXIMUM EXTENT PERMITTED BY LAW, the total cumulative liability of the Controller to the User shall not exceed: (a) The amount of actual payments made by the User to the Controller during the last six (6) calendar months preceding the date the claim arose, or (b) 10 PLN / 10 EUR / 10 USD – if the User has made no payments, whichever is lower. Exclusion of Liability for Specific Damages. The Controller is not liable for any: direct, indirect, incidental, special, punitive, consequential, or exemplary damages, including but not limited to: lost data, lost profits, lost revenue, loss of account access, service interruptions, damages resulting from hacker attacks, or damages caused by the actions of Users/third parties. User Obligation to Cover Costs and Damages (Indemnification). The User undertakes to fully indemnify, defend, and hold harmless the Controller against all claims and costs arising from the User’s breach of these Terms or the rights of third parties. In the event of losing a legal dispute or suing the Controller, the User undertakes to immediately cover all legal and administrative costs of the Controller, as well as pay compensation for damages to reputation and other company losses claimed by the Controller. All liability towards third parties or other Service participants is entirely transferred by the Controller to the User (the cause of the damage).
XII. Final Provisions
The Controller reserves the right to unilaterally change the Terms/Policy at any time. Continued use of the Service after the changes take effect is equivalent to the full and complete acceptance of the new Terms/Policy. Absolute Obligation to Read and Accept. Participation in the Service, its installation, logging in, or use of any of its functionalities is equivalent to the full and unconditional adoption, understanding, and acceptance of this Privacy Policy and Terms. Failure to read the content beforehand does not exempt the User from the liability and legal obligations arising from this document. Any disputes arising under this Policy/Terms shall be resolved by the competent ordinary court for the location of the Controller’s registered office. These Terms are governed by the law applicable to the Controller’s registered office.