Effective Date: 29/07/2023
Last Updated: 03/10/2024, Version 1.2

Body.Scratch B.V. ("Body.Scratch," "we," "our," or "us") understands how important privacy is to our community, especially kids and parents (“you”, “user”). We are committed to protecting the privacy and personal data of individuals who use our educational application ("the App") and website (“bodyscratch.academy”) within educational institutions (schools, foundations and educational service providers) worldwide.This Data Privacy Policy outlines how we collect, use, disclose, and protect personal data. It also tells you about your rights and choices with respect to your Personal Information, and how you can contact us if you have any questions or concerns.

+ We care a lot about privacy. We are committed to creating phygital (physical + digital) spaces where people, especially the youth, can come together and find a place to belong. Respecting user privacy is a key part of that mission.
+ ‍We don’t sell your personal information. Our business is based on subscriptions and paid products, not from selling your personal information to third parties. We require the information that enables us to create your account, provide and maintain our services, meet our commitments to our users, and satisfy our legal requirements. The rest is optional. We require the information that enables us to create your account, provide and maintain our services, meet our commitments to our users, and satisfy our legal requirements. The rest is optional.
+ We limit what information is required. We require the information that enables us to create your account, provide and maintain our services, meet our commitments to our users, and satisfy our legal requirements. The rest is optional.
+ We care deeply about safety. Our team works hard to help keep our community safe. We also use certain information to help us identify violations of our Community Guidelines and prevent harmful content from being distributed through the services.

A. What Personal Information Does Body.Scratch Collect About Me?
For the purpose of this Privacy Policy, “Personal Information” means any information relating to an identified or identifiable individual. You may provide us with Personal Information directly, such as when you create an account, or we may collect your Personal Information automatically, such as when you switch languages or view a project.

Where applicable, we explain whether and why you must provide us with your Personal Information, as well as the consequences if you choose not to do so. For example, you may not be able to benefit from the Body.Scratch App and/or website if that Personal Information is necessary to provide you with the service or if we are legally required to collect that Personal Information.

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B. Personal Information That You Provide Us
1. Account Information
In order to use the services and features that we offer on the Body.Scratch App and/or website, such as to share projects, or create challenges, you need to create an account (your own account, a teacher account or a student account).

+ When you create a teacher account, we ask for a username and password, your phone number, birthdate, gender, country of residence, full name, and details about your employer. Other users can only see your username and country.
+ When you create student accounts through your teacher account, we ask for a username, password, birthdate, gender, and country of residence. You do not need to provide students’ email addresses to create bulk student accounts. Any teacher linked to students will have access to these details. In addition, for external Body.Scratch challenges and interactions, we ask that your students select a username that does not disclose their real name or other information that could identify them.
+ ‍Payment information. If you buy any paid services through Body.Scratch App and/or website, you may need to submit a valid payment method and associated billing information, including your full name and billing address. Our payment processors, like iDEAL, Stripe and PayPal, receive and process your payment information. Depending on the processor, we may also receive and store certain billing information, including the last four digits of the credit card number associated with the transaction.
+ Information used to enable optional features. Certain features, like contact syncing, may require that you provide additional information (or grant us access to such information) to make them work. This also includes third-party integrations you choose to enable and the data you authorize those third-party services to share with us. For example, when you link a music streaming account, we may collect information about that account such as the song you are listening to in order to display that information on your profile or as your status (if you have chosen to do so).

2. User-generated Content
We process any Personal Information that you choose to provide to us in content when you create or interact with the Body.Scratch App and/or website (typically referred to as user-generated content). For example, in Body.Scratch projects (including unshared projects) or challenges.

+ ‍Live stream video. In order to continuously improve our user experience on the gameplay and technological aspects, we collect your live stream to train our motion-tracking model. All live stream data is automatically processed into usable key points and sticks data, and the video data is automatically deleted within 30 seconds of collection.
+ ‍Information from actions you take. We collect information about your use of Body.Scratch App and/or website and your activities on the services. This includes the friends you add, the users, and bots you engage with, the games you play on your device, the servers you join and participate in, your roles in servers, content moderation decisions you make, information about purchases, and other related actions.
+ Other information you provide directly to us. You may have the option to submit additional information as you use the Body.Scratch App and/or website. For example, you may choose to participate in our verified server program, which requires that you provide additional information about yourself or your organization. Or, you may participate in surveys where you can provide feedback on the services, or submit information to our Body.Scratch Support teams.

3. Communications
‍If you contact us directly, we collect the Personal Information that you provide in your message. For example, when you contact our Customer Support Team, we may receive your name, email address, phone number, the contents of a message or attachments that you may send to us, and other information you choose to provide.


C. Personal Information We Collect Automatically From Your Use of the Body.Scratch App and/or website
1. Location
InformationWhen you use the Body.Scratch App and/or website, we infer your general location information, for example, by using your internet protocol (IP) address.

2. Cookies
When you use the Body.Scratch App and/or website, we use cookies, beacons, invisible tags, unique IDs and similar technologies (collectively “Cookies”) to automatically record certain Personal Information from your browser or device. For example, your IP address, network location, web server logs, what browser you are using, device IDs and characteristics, operating system version, browser language settings, referring URLs, and Personal Information about the usage of the Body.Scratch App and/or website.


D. Information Collected From Other Sources
1. Information from Third Parties
We may obtain Personal Information about you from third parties, such as from your teacher if you are using Body.Scratch within a school, foundation, educational service provider or educational institution. This information may include your school name and address.We may receive information about you from other sources, including from other users and third parties, and combine that information with the other information we have about you. For example, if you interact with our social media account on another platform, we may receive certain information about you like your username on that platform.

2. Information from Public Sources
We may obtain Personal Information about you from public sources, such as from census records. This information may include demographic information about your school or geographic region.


E. How Does Body.Scratch Use My Personal Information?
The main purpose is to provide you with the services that we offer through the Body.Scratch App and/or website and to improve your learning experience. An overview of the uses:

+ Internal and Service-Related Usage. We use Personal Information for internal purposes, including to operate, provide and maintain the Body.Scratch App and/or website. For example, to direct users to the requested content, to create and recover accounts and to enable user to create and share projects.
+ Analytics and Improving the Body.Scratch App and/or website. We use Personal Information that we collect on the Body.Scratch App and/or website, such as your location and your activities, to monitor and analyze usage of the Body.Scratch App and/or website and to enhance your learning experience.
+ ‍Communications. We may send emails to an email address you provide to us for customer service or technical support purposes. We may also send a newsletter to the email address you provide to us when you subscribe to receive additional communications from us.
+ ‍Academic and Scientific Research. We de-identify and aggregate Personal Information collected through the Body.Scratch App and/or website for statistical analysis in the context of scientific and academic research. For example, to help us understand how people learn through the Body.Scratch App and/or website and how we can enhance learning tools for young people. The results of such research are shared with educators and researchers through conferences, journals, and other academic or scientific publications.
+ Legal. We may use your Personal Information to enforce our Terms & Conditions, to defend our legal rights, and to comply with our legal obligations and internal policies. We moderate content posted to the Body.Scratch App and/or website to ensure that our Terms & Conditions are respected. We also use your Personal Information to detect and prevent fraud, spam, and abuse. We and our service providers may do this by reading information held in cookies set in your browser, analyzing your usage of the Scratch Website, and through other means.


F. How Does Body.Scratch Share My Personal Information?
We disclose Personal Information that we collect through the Body.Scratch App and/or website to third parties, if you consent to us doing so, as well as in the following circumstances:
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+ ‍Service Providers. To third parties who provide services such as website hosting, data analysis, information technology and related infrastructure provisions, customer service, email delivery, and other services.
+ ‍Academic and Scientific Research. To research institutions, such as the Mainz University of Applied Sciences, to learn about how our users learn through the Body.Scratch App and/or website and develop new learning tools.
+ ‍Merger. To a potential or actual acquirer, successor, or assignee as part of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our organization or assets. You will have the opportunity to opt out of any such transfer if the new entity’s planned processing of your Personal Information differs materially from that set forth in this Privacy Policy.
+ Legal. If required to do so by law or in the good faith belief that such action is appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, such as school, school districts, and law enforcement, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

A. How Does Body.Scratch Protect My Personal Information?
Body.Scratch has in place administrative, physical, and technical procedures that are intended to protect the Personal Information we collect on the Body.Scratch App and/or website against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Information. For example, we use SSL/TLS for all data transfers and strictly limit access to the Body.Scratch servers and the data we store on them. However, as effective as these measures are, no security system is impenetrable. We cannot completely guarantee the security of our databases, nor can we guarantee that the Personal Information you supply will not be intercepted while being transmitted to us over the Internet. We take extensive measures to protect the data we collect and transfer such as encryption of the data transmission to prevent unauthorized access or regular security assessments to identify and rectify potential vulnerabilities.


B. What Can I Do To Help Protect Privacy On The Body.Scratch App and/or website?
Please do not share personal contact information (such as your name, physical address, email address, or phone number) in projects, comments, profiles, or challenges. Please let us know if you see this kind of information by opening a ticket on our Discord server. It is also important that you maintain the security and control of your account credentials, and not share your password with anyone.


C. Children and Student Privacy
Body.Scratch takes children’s privacy seriously. Scratch collects only minimal information from its users, and only uses and discloses information to provide the services and for limited other purposes, such as research, as described in this Privacy Policy. As such, the Children’s Online Privacy Protection Act (COPPA) applies to the Body.Scratch App and/or website.

Body.Scratch does not collect information from a student’s education record, as defined by the Family Educational Rights and Privacy Act (FERPA). Scratch does not disclose Personal Information of students to any third parties except as described in this Privacy Policy: to service providers and research institutions.

Certain local laws, such as the European Union’s General Data Protection Regulation (GDPR) and Brazil’s Lei Geral de Proteção de Dados (LGPD), require services to provide information about the information they collect, how they use it, and the lawful basis for processing it. If you are located in certain regions, including the EEA (European Economic Area), United Kingdom, Switzerland or Brazil, you may have additional rights that you can exercise through the Body.Scratch App and/or website directly or by contacting us:

+ Right of access to your personal data
+ Right to rectify your personal data if they are incorrect
+ Right to erase your personal data
+ Right to limit the processing of your personal data
+ Right to the portability of your personal data
+ Right to object to the processing of your personal data
+ Right to withdraw consent. Withdrawing consent does not affect the lawfulness of processing based on consent before withdrawal.

Please refer the the “Your Rights and Choices” section below. If you have any questions about these rights or wish to exercise control over your information, please reach out to support@bodyscratch.academy.

A. What Are The Legal Grounds For Processing Your Personal Information?
If you are located in the European Economic Area, the United Kingdom or Switzerland, we only process your Personal Information based on a valid legal ground. A “legal ground” is a reason that justifies our use of your Personal Information. We may use different legal grounds, such as:

+ You have consented to the use of your Personal Information, for example, to receive electronic marketing communications;
+ We need your Personal Information to provide our services, including for account registration, to respond to your inquiries, or for customer support;
+ We have a legal obligation to use your Personal Information; or
+ We or a third party have a legitimate interest in using your Personal Information. In particular, we have a legitimate interest in using your Personal Information to analyze and share your aggregated or de-identified information for research purposes, to analyze and enhance your learning experience on the Body.Scratch App and/or website and otherwise ensure and improve the safety, security, and performance of the Body.Scratch App and/or website. We only rely on our or a third party’s legitimate interests to process your Personal Information when these interests are not overridden by your rights and interests.


B. International Cross-Border Data Transfer
We may transfer your Personal Information to countries other than the country where you are located, including to the U.S. or any other country in which we or our service providers maintain facilities. If you are located in the European Economic Area, the United Kingdom or Switzerland, or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer your Personal Information to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.

We apply administrative, physical, and technical procedures to ensure the confidentiality and security of the Personal Information processed and transferred on our behalf. This includes procedures to ensure that your Personal Information is only processed for the purposes for which it has been collected. To obtain additional information on the transfers, please contact us using the contact information below.

This Privacy Policy applies only to the processing of your Personal Information by Body.Scratch. It does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any site or service to which the Body.Scratch App and/or website links. The inclusion of a link on the Body.Scratch App and/or website does not imply endorsement of the linked site or service by us or by our affiliates.

We take measures to delete your Personal Information or keep it in a form that does not allow you to be identified when this Information is no longer necessary for the purposes for which we process it, unless we are required by law to keep this Personal Information for a longer period. When determining the retention period, we take into account various criteria, such as the type of services requested by or provided to you, the nature and length of our relationship with you, possible re-enrolment with our services, the impact on the services we provide to you if we delete some Personal Information from or about you, mandatory retention periods provided by law and the statute of limitations.

A. Updating Your Information
You can update your password, email address, and country through the Account Settings page. You can also reset your password through the Account Reset page. You cannot change your username.
If you want to delete your account, login to Body.Scratch, select the settings button then click the "I want to delete my account" link at the bottom of the page. Deleting your account hides all Personal Information from public view, but does not remove all of your Personal Information from our servers. If you want to have all of your Personal Information removed from our servers, please contact support@bodyscratch.academy for assistance.

B. Marketing Communications
If you decide at any time that you no longer wish to receive marketing communications from us, please follow the unsubscribe instructions provided in any of the communications. You may also opt out from receiving email from us by sending your request to us by email at support@bodyscratch.academy. Please be aware that, even after you opt out from receiving marketing communications from us, you may continue to receive administrative messages from us regarding your account.


C. Data Protection Rights (EEA, UK and Switzerland)
Certain local laws, such as the European Union’s General Data Protection Regulation (GDPR) and Brazil’s Lei Geral de Proteção de Dados (LGPD), require services to provide information about the information they collect, how they use it, and the lawful basis for processing it. If you are located in certain regions, including the EEA (European Economic Area), United Kingdom, Switzerland or Brazil, you may have additional rights that you can exercise through the Body.Scratch App and/or website directly or by contacting us:

+ Access, Correction and Data Portability. You may ask for an overview of the Personal Information we process about you and to receive a copy of your Personal Information. You also have the right to request to correct incomplete, inaccurate or outdated Personal Information. To the extent required by applicable law, you may request us to provide your Personal Information to another organization.
+ Objection. You may object to (this means “ask us to stop”) any use of your Personal Information that is not (i) processed to comply with a legal obligation, (ii) necessary to do what is provided in a contract between Body.Scratch and you, or (iii) if we have a compelling reason to do so (such as, to ensure safety and security in our online community). If you do object, we will work with you to find a reasonable solution.
+ Deletion. You may also request the deletion of your Personal Information, as permitted under applicable law. This applies, for instance, where your Personal Information is outdated or the processing is not necessary or is unlawful; where you withdraw your consent to our processing based on such consent; or where you have objected to our processing. In some situations, we may need to retain your Personal Information due to legal obligations or for litigation purposes.
+ Restriction of Processing. You may request that we restrict processing of your Personal Information while we are processing a request relating to (i) the accuracy of your Personal Information, (ii) the lawfulness of the processing of your Personal Information, or (iii) our legitimate interests to process this Personal Information. You may also request that we restrict processing of your Personal Information if you wish to use the Personal Information for litigation purposes.
+ Withdrawal of Consent. If we rely on consent for the processing of your Personal Information, you have the right to withdraw it at any time and free of charge. When you do so, we will apply your preferences going forward and this will not affect the lawfulness of the processing before your consent withdrawal.

However, there are exceptions and limitations to each of these rights. We may, for example, refuse to act on a request if the request is manifestly unfounded or excessive, or if the request is likely to adversely affect the rights and freedoms of others, prejudice the execution or enforcement of the law, interfere with pending or future litigation, or infringe applicable law. To submit a request to exercise your rights, please contact support@bodyscratch.academy for assistance. In addition to the above-mentioned rights, you also have the right to lodge a complaint with a competent supervisory authority including in your country of residence, place of work or where an incident took place subject to applicable law.

Body.Scratch B.V. is the entity responsible for the processing of your Personal Information. If you have any questions about this Privacy Policy, or if you would like to exercise your rights to your Personal Information, you may contact us at support@bodyscratch.academy or via mail at:

Body.Scratch B.V.
Croy 7C,
5653 LC Eindhoven,
NETHERLANDS

+ AppStore
+ Google Play Store

This Data Privacy Policy is a foundational document for safeguarding the privacy of clients and, in particular, the personal data of Users. It ensures compliance with relevant privacy laws and regulations and addresses the involvement of third-party services. It should be regularly reviewed and updated to reflect any changes in data processing practices or legal requirements.

We review our security measures and Privacy Policy on a periodic basis, and we may modify our policies as appropriate. If we make material changes to the Policy, we will notify you through the App, website, or by sending you an email or other communication. We encourage you to review our Privacy Policy on a regular basis. The “Last Updated” date at the top of this page indicates when this Privacy Policy was last revised. Your continued use of the Body.Scratch App and/or website following these changes means that you accept the revised Privacy Policy.