Pikmykid understands how important privacy is to Parents and their students, the Schools and Educational Professionals who use our Services, and our Site visitors. We provide a platform to assist you in the school dismissal process. As we describe below, Schools and Parents determine the data that gets shared and used by Pikmykid to provide our Services. This Privacy Policy applies to our product and Services and describes the actions we take related to your data.
Capitalized terms that are not defined in this Privacy Policy have the meaning given them in our Terms of Use.
Information we collect
The information that we collect depends on the Offerings and features within those Offerings that a School uses. We collect some business information directly from a School. We also collect some information automatically (e.g., Offerings usage information).
We collect the following information when the schools subscribes for our product:
- School Profile Information: When an official of a School (“School Official”) initiates contact through our Website for the Offerings on behalf of his/her School, we collect that School Official’s contact information as well as information about his/her School relevant to purchasing and setting up our Offerings. This information includes the School Official’s name, email address, and phone number, as well as the School’s name, address, billing address and number of students. If the School Official creates an account, the School Official must also create a password.
- Authorized School Personnel: The School Official can use the Offerings to add additional School personnel such as other School Officials and teachers (together, “Authorized School Personnel”) from their School and designate their appropriate permission levels in the Offerings. Certain Offerings require the School Official and/or their Authorized School Personnel to provide class enrollment information (e.g., class name and subject).
- Support Requests: Authorized School Personnel can submit requests about the Offerings to our support center (e.g., our Support Center and our Help Center) through both our Offerings themselves and from our Website. When Authorized School Personnel submit support requests through these support centers, we receive these requests and associated contact information.
Information Schools Give us
- When Schools register for our Services, they provide certain information about the School, Parents, and students, such as Parent’s name, email address and phone number, student ID, classroom and other information maintained in the School’s information systems such as bus route number, teacher name, and information about student absences.
- We also receive information from Schools and Parents when they send us a message, for example by email or by submitting a help request through the Site. The School may also provide us information about Educational Professionals such as name, email address and cell phone number to take advantage of some of our Services.
Information you give us
- As a parent or guardian using Pikmykid parent we collect: 1) your email address to confirm your authorization from the School to use the app and to determine the student associated with you and, once verified, enable the app; and 2) automatically collect information about your app activity set forth below.
- When you register for our Services you provide certain information such as School name, student’s name, point of contact name, physical address, email address, phone number and profile photo, some of which will depend on the features you use.
- As a parent you also can choose to share additional information:
Information about others, such as a guardian contact with photo, who will pick up your child in your absence, you certify that you have permission to provide that information to Pikmykid for the purposes described in this Privacy Policy, have shared the Pikmykid Privacy Policy with them, and they have read and understood that it applies to them.Address book contacts you import or enter manually to share with your schools.
- In addition, to use the Services you are required to provide your student transportation details, your approved emergency contacts/delegates guardian email address and phone numbers.
- When you accept the app location privileges, you also agree to give us permission to track the location information to track the estimated time of arrival to the campus.
- If you should discover incorrect information while using our Services, please contact privacy@pikmykid.com and we will assist in correcting the information with school’s consent.
Information we get when you use the Services
Our Offerings automatically collect the following additional information that we label collectively as app information
- Like most websites and online services, certain information is automatically collected when you use our Services, visit our Site, read our emails, or otherwise communicate with us. For example, information about your device and its software, such as your IP address, browser type, Internet service provider, platform type, device type, operating system, date and time stamp, a unique ID that allows us to identify your browser, mobile device or your account, and other similar information.
- Information about the way you use our Service is also collected, for example, the site from which you came and the site to which you are going when you leave our website, the pages you visit, the links you click, how frequently you access the Site and use our Services, whether you open emails or click the links contained in emails, whether you access the Services or Site from multiple devices, and other actions you take on the Service or Site. When you access our Site or use our Services from a mobile device, we may collect unique identification numbers associated with your device or our mobile application, mobile carrier, device type, model and manufacturer, mobile device operating system brand and model
- Your location may also be collected to help schools plan the carpool or parent arrival sequencing to the campus
- We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage information for our Services. Although we do our best to honor the privacy preferences of our visitors, we are not able to respond to Do Not Track signals from your browser at this time.
- We and your School may also place advertisements on the Site. We collect information related to these advertisements such as who clicks on them, the School they are affiliated with and the time and date the advertisement was clicked.
Student Data
Through the course of providing Services, we may have access to personally identifiable information about students (“Student Data”) that is provided by you. We have access to Student Data only as requested by the School and Parents and only for the purposes of performing Services on the School’s behalf. The type of Student Data we collect will depend on how the School uses the Services.
We receive Student Data only from the School and Parents. We never interact with the student directly. Student Data is confidential. We do not use Student Data for any purpose other than to provide the Services on the School’s behalf, in accordance with contractual agreements with the School. Our collection, use, and disclosure of Student Data is governed by our Terms of Use, our agreement(s) with the School, the provision of the Family Educational Rights and Privacy Act (FERPA), the Children’s Online Privacy Protection Act (COPPA), and all applicable laws which relate to the collection of Student Data. Please contact your School if you have questions about the information they provide us and their use of technology service providers like Pikmykid.
At all times, Personal Student Information is the property of and under the control of a School, or as required by applicable law, Personal Student Information is the property of and under the control of the applicable eligible student, parent, or guardian.
We do not sell Personal Student Information. We do not use Personal Student Information to target advertisements or market to students or anyone else, to amass a profile about a K-12 educational student for a non-educational purpose, or for any purposes prohibited by the Family Educational and Privacy Rights Act (20 U.S.C. § 1232g; 34 CFR Part 99.3) (“FERPA”), California Business & Professions Code section 22584 (“SOPIPA”), and California Education Code section 49073.1.
We will also use your Personal Student Information in accordance with applicable student privacy laws, including, as applicable, Connecticut’s “Act Concerning Student Privacy”.
Any information provided by Parents may be shared with Schools and any information provided by Schools may be shared with Parents to the extent authorized by the School.
Except to the extent it contains or comprises Student Data, whether alone or when combined, We may share non-identifying and aggregated information with third parties, including advertisers and sponsors. We will never target advertisements to students or sell students’ personally identifiable information to third parties for any purpose.
How We Use Information
We use the information we collect to operate, maintain, and improve our Site, Services, and their functionality, and to communicate with our Schools and Parents. To the extent we share your information, we will only share it with those who adhere to standards that are consistent with our Privacy Policy and practices. We may disclose your information in the following ways:
We use the information collected to: 1) Set up and provide our services; 2) Analyze and improve our services; 3) Respond to a school or parent requests and to provide related support or troubleshoot issues; 4) Send information to schools and enrolled staff and parents about how to use our services and other important updates; 4) Notify the users about new features or products that may be of interest to them; 5) help prevent fraud and to enforce the legal terms that govern our Offerings; 6) to comply with applicable law and protect our and others’ rights, safety and property; 6) follow further instructions of a School; and
In accordance with our contractual obligations, we use Personal Student Information and Parent/Guardian Information to: 1) Provide, improve and analyze our Offerings and for legitimate educational purposes of the School; 2) to send parents and guardians alerts and notices in the Parent App or otherwise provide information to parents and guardians consistent with the parent app feature; 3) enforce the legal terms that govern our Offerings; 3) comply with applicable law and protect our and others’ rights, safety and property; and 4) follow further instructions of a School.
In response to subpoenas, court orders, or legal process, from law enforcement agencies or state and federal regulators, or as otherwise required by law;
To other companies to: comply with various reporting obligations; for business or marketing purposes; or to assist in understanding your interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and functionality available through the Site or as part of the Services.
From time to time, we may use your information to contact you via email to determine whether you are happy with our services and send you customer satisfaction surveys. We may also contact you by e-mail to advise you of offers, promotions or other information from our sponsor companies or advertisers. You retain the ability to “opt out” of such e-mail communications by following the opt-out procedures in the email. You will not be able to opt out, however, of viewing sponsor information that appears on the Site.
We disclose your information to companies we use as contractors or agents to perform services for us, such as administering our websites, systems, and software, hosting maintenance, and other such services. These service providers may have access to or process your information to the extent it is necessary for them to perform services for us.
To protect rights, property, or safety. In connection with an actual or proposed corporate merger, acquisition, asset purchase, or other transaction or proceeding involving all or part of the business or assets to which the information pertains. In these types of transactions, user information is typically one of the business assets that are transferred. Moreover, if a company, or substantially all of its assets were acquired, or in the unlikely event that company goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. In connection with an actual or proposed corporate merger, acquisition, asset purchase, or other transaction or proceeding involving all or part of the business or assets to which the information pertains. In these types of transactions, user information is typically one of the business assets that are transferred. Moreover, if a company, or substantially all of its assets were acquired, or in the unlikely event that company goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. Any acquirer of the company may only be permitted to acquire user information if the new company agrees to offer privacy and security terms no less stringent than ours, In this case, the successor entity is subject to all applicable Federal, State laws and applicable Student privacy laws. We will also work with our successor to ensure the privacy and security terms are no less stringent than ours.You acknowledge that such transfers may occur and that any acquirer of the company may continue to use parent Information and Children’s Personal Information as set forth in this policy.
We rely on Schools to provide us direction about how we can collect, use and share your information. You should contact your School if you have questions about their direction to us or the School’s use of technology service providers like Pikmykid.
How we store and secure your information
We maintain reasonable administrative, technological and physical safeguards designed to improve the integrity, privacy, confidentiality, and security of your information.
All data is securely and exclusively hosted in a FERPA compliant data centers. User roles are clearly defined to manage the access level.
Student Personal Information is protected by a password for your privacy and security. You may help protect against unauthorized access to your account and Personal Information or Student Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.
Company endeavors to protect user information to ensure that user account information is kept private, however, Company cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time. For additional information about the security measures Company uses in connection with the Website, schools may contact us at privacy@pikmykid.com
Like other online services, we cannot guarantee the security of any information you transmit to us or store on the Site and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by unauthorized persons. If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice on the Site if a security breach occurs. Once your information is removed from the Site, copies of your information, other than Student Data, may remain stored in backup systems or cached and archived pages. We are not responsible for the practices employed by websites, applications or services linked to or from our Site.
Any information collected through the Service is stored and processed in the United States. If you use our Service outside of the United States, you consent to have your data transferred to the United States.
Children’s privacy
In addition to the guidelines outlined in our Terms, we do not knowingly collect any information from children under the age of 13 and we rely on the School to provide notice and obtain parental consent and any other required authorizations for all student information we collect. Please contact us at privacy@pikmykid.com. if you believe we have inadvertently collected personal information of a child under 13 without proper consent so that we may delete it as soon as possible. We will never target advertisements to students or sell students’ personally identifiable information to third parties for any purpose.
Changes to Our Privacy Policy
We may modify or update this Privacy Policy from time to time. You should review this page periodically. If we make significant changes that affect your rights, we will take reasonable efforts to notify you of those changes via the email address provided by you or a prominent notification when you access the Site or use the Services. Your continued use of the Site or Services indicates that you have read, understood and agreed to the current version of our Privacy Policy. If you do not agree with our Privacy Policy, you can always opt-out by deleting your account and ceasing to use our Services.
Links to Third Party Sites or Apps
The Site may contain links to websites & apps operated and maintained by third parties, over which we have no control. Privacy policies on linked sites may be different from our Privacy Policy. You access such linked sites at your own risk. You should always read the privacy policy of a linked site before disclosing any information to such site.
How to contact us
If you have questions about this statement or need additional information regarding our privacy practices, please contact privacy@pikmykid.com.
This privacy policy was last modified on July 1, 2022. Effective Date: July 15, 2022
Terms of Use Agreement
Pikmykid is a Comprehensive Safety Platform designed to manage the entire student dismissal process in a Smart, Safe and Expeditious manner (“Services”). Pikmykid is both an app based and software solution. The app is available for parents on iTunes, the Microsoft Store and the Google Play store. Schools can manage requests and communicate with parents and others through the Pikmykid portal. To assist you in using Pikmykid and to ensure a clear understanding of the relationship arising from your use of our services, we have created these Terms of Use (the “Terms”).
TERMS OF USE
Application of Terms; Your Agreement
These Terms are a binding contract between you, Sachi Tech, Inc. (the owner of Pikmykid.com) its affiliates, subsidiaries and related companies and persons (collectively, “Pikmykid”). These terms impose legal obligations on you. Please read them carefully. By using the Services or accessing Pikmykid.com or the Pikmykid portal (collectively the “Site”) you are acknowledging that you have read and understood these Terms, agree to be legally bound by them and consent to the collection and use of your information as described in our Privacy Policy.
These Terms apply to (i) schools, school districts and related entities and organization that use the Services or access the Site (each a “School”), (ii) educational professionals, school administrators, and School employees and agents who access the Site or use the Services (“Educational Professionals”), (iii) all Site visitors and users of the Services including parents, legal guardians and anyone authorized to use the Services or access the site by any of the foregoing (“Parents”) (iv) and any third party or agent performing work related to the Services, such as suppliers and developers (“Developers”). For purposes of these Terms, the words “user”, “you” and “your” refer to Schools, Educational Professionals, Parents and Developers. The words “we,” “our,” or “us” refer to Pikmykid.
You must be at least eighteen (18) years old to use our Services. By agreeing to the Terms, you represent and warrant to us that you are at least eighteen (18) years old and, that your registration and your use of the Service shall at all times comply with applicable laws and regulations. The Services and the Site are provided only in the English language.
If at any time, you suspect or are concerned that:
The Services or Site are not working properly;
You do not understand how to use the Services or Site and/or are not sure you have transmitted or received the proper information;
For Parents: Information regarding your child’s pick-up information has not been properly transmitted to the school;
For Educational Professionals: The student dismissal information generated by the Services or Site does not appear to be consistent with what you have typically seen and/or may have errors–
IT IS YOUR RESPONSIBILITY TO CONFIRM THE CORRECT CONTACT DETAILS AND PICK UP INFORMATION WITH THE PARENTS/SCHOOL AS THE CASE MAY BE.
Accounts and Security
You will be required to establish an account to access the Services. You are entirely responsible for maintaining the confidentiality of your account information, including your username and password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Pikmykid immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses due to someone else using your username, password or account as a result of your failing to keep your account information secure and confidential. Pikmykid cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Pikmykid may terminate suspend or restrict your access to your account at any time and for any reason, including for violation of these Terms. Pikmykid has the sole right to decide whether you are in violation of these Terms. Account termination may result in destruction of any content associated with your account.
Acceptable Use
By using the Services or accessing the Site, you agree not to do any of the following:
Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted in connection with using the Services or accessing the Site.
Impersonate any person or entity, falsely claim an affiliation with any person or entity, or misrepresent the source, identity, or content of information transmitted to or via the Services or Site, or perform any other similar or fraudulent activity;
Use the Service or access the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation COPPA, the PPRA, FERPA, laws related to the protection of children, laws governing intellectual property and other proprietary rights, and data protection and privacy;
Remove, circumvent, disable, damage or otherwise interfere with (i) security-related features of the Services or Site, (ii) features that prevent or restrict use or copying of any content accessible through the Service, or (iii) features that enforce limitations on the use of the Services or Site;
Modify, adapt, translate or create derivative works based upon the Services or Site; or
Interfere with or damage operation of the Services or Site or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or disabling, overburdening or impairing the Services or Site.
Seek to gain access to the Services or Site through “hacking” or any other means not expressly authorized in writing by Pikmykid.
Family Educational Rights and Privacy Act
Certain information users provide to Pikmykid about students may be considered an education record (“Education Record”) under the Family Educational Rights and Privacy Act (“FERPA”). Additionally, certain information users provide to Pikmykid about a student, such as student name and grade level, may be considered directory information under FERPA (“Directory Information”) and thus not an Education Record. A School may not generally disclose personally identifiable information from a student’s records without written consent of the parent and/or eligible student or without meeting one of the exemptions set forth in FERPA such as the Directory Information exemption (as defined by FERPA).
To the extent you provide information subject to FERPA, you represent, warrant and covenant to Pikmykid that you have fully complied with all FERPA requirements including, without limitation, obtaining all necessary written consents to share the information with Pikmykid for use by Pikmykid to the fullest extent necessary to provide the Services;
Unless permitted by FERPA or an applicable exemption, Pikmykid will never share an Education Record with third parties except as directed by a user or to our service providers that are necessary for us to provide the Service.
Pikmykid may use de-identified Education Records for product development, research or other purposes (“De-Identified Data”). Pikmykid agrees not to attempt to re-identify the De-Identified Data and not to transfer the De-Identified Data to a third party unless that party agrees not to attempt re-identification.
Children’s Online Privacy and Protection Act
The Children’s Online Privacy and Protection Act (“COPPA”) requires that online service providers obtain clear and verifiable parental consent before collecting personal information from children under 13. Pikmykid does not and will not knowingly collect any information from children under the age of 13. To the extent you provide information related to a child under the age of 13, you are solely responsible for complying with COPPA and you represent and warrant that you have fully complied with COPPA by, among other things, receiving the appropriate consent from parents and/or having the requisite authority to provide such information to Pikmykid, and for us to collect such information.
Intellectual Property Rights
The information and content of the Services and the Site, including but not limited to: software, artwork, text, video, audio, copy, graphics, images, logos and other information, other than content provided by Users and advertisers, is owned or licensed by Pikmykid and is protected by copyright and other intellectual property laws under both United States and foreign laws. Any use of the information and the content of the Services or Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. All rights not expressly granted herein are reserved to Pikmykid. Users and any other content providers are responsible for obtaining the appropriate permissions and rights for posting any content to the Site and agree to indemnify, hold harmless and defend Pikmykid for any claims, demands and judgment that arise out of a violation of this paragraph.
Links to Third Party Sites
We may provide links to third-party websites. Pikmykid is not responsible for the content of linked third-party sites or third-party advertisements, and does not make any representations regarding their content or accuracy. We provide these links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked site. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
Assumption of Risk
While using the Services or accessing the Site from a mobile device, please be aware of your surroundings and exercise reasonable judgment. You agree that your use of the Service and accessing the site is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the Services or accessing the Site. It is strictly forbidden to use the Services or access the Site while driving. While using a vehicle, you may only access the Site or use the Services after you have stopped your vehicle in an appropriate location permitted by law. If you are accessing the Site or using the Services in an area where there is traffic or other potentially dangerous conditions, stop and stand in a safe place and remain stationary until you are no longer accessing the Site or using the Services.
Pikmykid may, but shall not be obligated to, provide an emergency notification platform as part of the Services (“ENP”). You must not rely on the ENP as a means to communicate information to emergency service providers, such as the fire department, emergency medical personnel and law enforcement. ENP is not a substitute for using 911 or any other emergency communication service. In the event of an emergency, you should dial 911 or directly contact emergency services.
Indemnity
You agree to defend, indemnify, and hold harmless Pikmykid and its officers, directors, employees, and agents from and against any and all claims, damages, obligations losses, demands, liabilities, costs and expenses (including but not limited to attorney’s fees) resulting from, related to, or arising out of (i) your violation of these Terms and (ii) your use of the Services.
Warranty Disclaimer
THE SERVICES AND SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. PIKMYKID AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (ii) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE; (iii) ANY WARRANTIES THAT THE INFORMATION OR RESULTS PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR SITE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, RELIABLE, COMPLETE, OR UP-TO-DATE; AND (iv) ANY WARRANTIES THAT THE SERVICES OR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOUR USE OF OR ACCESS TO THE SERVICES OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK.
PIKMYKID TAKES REASONABLE MEASURES TO ENSURE THAT PERSONALLY IDENTIFIABLE INFORMATION OF PARENTS AND STUDENTS IS NOT DISCLOSED, EXCEPT TO SCHOOLS AND EDUCATIONAL PROFESSIONALS, SO THAT THEY MAY USE THE SERVICES. PIKMYKID CANNOT AND DOES NOT, HOWEVER, GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY PARENTS WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. PARENTS AGREE NOT TO HOLD PIKMYKID/LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED THROUGH PIKMYKID.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL PIKMYKID OR ITS EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF WE HAVE BEEN ADVISED OF, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. OUR AGGREGATE TOTAL CUMULATIVE LIABILITY TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT DAMAGES) RESULTING FOR CLAIMS, DEMANDS OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (I) $100 OR (II) THE AMOUNTS ACTUALLY PAID BY YOU TO PIKMYKID, IN CONNECTION WITH YOUR USE OF THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, PRORATED FOR ANY PARTIAL PERIOD YOU USE THE SERVICES AND/OR FOR ACTUAL SERVICES USED BY THE PLAINTIFF OR DEFENDANT IN THE CLAIM, AS APPROPRIATE, AND NOT THEIR PARENT, AFFILIATES, OR SUBSIDIARIES. THIS LIMITATION OF LIABILITY REFLECTS AN ALLOCATION OF RISK BETWEEN YOU AND PIKMYKID
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Modifications
We may modify these Terms from time to time and such modifications shall immediately take effect upon posting to the Site. If you do not agree with any changes to these Terms, you may terminate your account and stop using the Services. Your continued use of the Site or Services indicates that you have read, understood and agreed to the current version of these Terms.
Pikmykid reserves the right in its sole discretion to review, improve, modify, shut down, or discontinue, temporarily or permanently, the Services or Site.
General
The rights, obligations and duties contained herein shall survive the termination or modification of these Terms and shall survive even after you no longer continue to use PIKMYKID.
Pikmykid may assign its rights and obligations pursuant to these Terms without prior notice to or consent from you. You, however, may not assign your rights or obligations pursuant to these Terms.
These Terms are governed by the laws of the State of Florida without respect to its conflict of laws principals. All disputes or actions related to or arising out of these Terms or your use of the Services shall be brought exclusively in the courts of Hillsborough County in the State of Florida and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Hillsborough County in the State of Florida.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Special Provisions Related to the European Economic Area
The European Union recently implemented the EU General Data Protection Regulation (“GDPR”), which applies to the collection and use of personal data (as defined by the GDPR) of individuals within the European Economic Area. Pikmykid is committed to collecting and using the personal data of individuals within the European Economic Area in full compliance with the GDPR if and when it applies.
We process your personal data on the basis of your consent. If you are an individual covered by the GDPR, you have the right to update your personal data if it is incorrect or out of date. You also have the right to withdraw your consent at any time and to request access to, and a copy of, any personal data we hold about you. You also may request that we delete your personal data from our systems, but keep in mind that some residual information may remain in our systems such as in backup databases, access logs and other records. The GDPR permits us to retain personal data under certain circumstances, such as when we are required to do so to meet a legal obligation.
When we transfer your personal data across geographic borders, we are committed to doing so in a manner that meets the GDPR’s requirements for adequate security and appropriate safeguards, such as putting agreements in place with third parties to protect your personal data.
If you wish to exercise any of the foregoing rights, please email support@pikmykid.com with your request. We try to answer all emails promptly and endeavor to provide a response within the time periods required by applicable law. If you are an individual within the European Economic Area, you may make a complaint to a supervisory body for data protection matters (e.g., the National Data Protection Authority) or seek a remedy in your local courts if you believe your rights have been breached.