1. Brilliant for Educators Privacy Statement

Brilliant Worldwide, Inc. ("Brilliant") knows that you care about how your personal information is used and shared, and we take your privacy seriously. If you are a teacher or student using Brilliant for Educators, please read the following to learn more about the information we collect and how we use and disclose that information. By using the Brilliant for Educators website or any of our mobile applications (such as are available via the App Store and Google Play Store) affiliated with Brilliant for Educators and any related services and/or features (collectively, the "Educators Program") you acknowledge that you accept the practices and policies outlined in this Educators Program Privacy Statement. If you are a resident of the European Union ("EU"), United Kingdom, Liechtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the "GDPR") with respect to your Personal Information, as outlined below.

Please consult our general Privacy Statement to learn more about how we collect, use, and share information in connection with our generally available services (excluding the Educator Program).

This Educators Program Privacy Statement covers Brilliant's treatment of personally identifiable information ("Personal Information") that Brilliant gathers when you access/use the Educators Program.

Brilliant collects information you voluntarily submit to the Educators Program, including: your name, email address, date of birth, and Educators Program information, such as your school name, email, and website and, if you are a teacher, certain information about your school and students (such as whether they are underrepresented in STEM) (collectively, "Account Information").

In addition, we may automatically receive and store certain, anonymous types of information whenever you interact with the Educators Program ("Log Information"). Log Information may include the user's IP address, domain server, and type of Internet browser. We also collect information relating to how you interact with the Educators Program, such as the pages you view, the links you click, and how you engage with Brilliant lessons. Log Information helps us, among other things, analyze trends and administer the Educators Program.

To the limited extent we collect Personal Information – we neither rent nor sell your Personal Information to anyone. We share your Personal Information only as described below.

Teachers: If you are a student, your teacher will be able to access information about how you engage with the lessons your teacher has assigned through the Educators Program (i.e., how frequently you have accessed a lesson, how long you have engaged with it, and how many lessons you have completed).

Service Providers and Agents: We employ other companies and people to perform tasks on our behalf. For example, we may decide to use a third party payment processing company to process payments you make through the Educators Program. In addition, parts of the Educators Program may be hosted by a third party on our behalf. Your information may be accessed by such providers/agents, in the event that we need to share your information with them to provide our services or customer support to you. Unless we tell you differently, Brilliant's agents do not have any right to use Personal Information we share with them beyond what is necessary to assist us.

Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that are transferred. Moreover, if Brilliant, or substantially all of its assets were acquired, or in the unlikely event that Brilliant goes out of business or enters bankruptcy, customer information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Brilliant may continue to use your Personal Information as set forth in this policy.

Protection of Brilliant and Others: We may release Personal Information when we believe in good faith that release is necessary to comply with the law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Brilliant, our employees, our users, or others.

With Your Consent: Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.

If you decide to access or use the Educators Program, such access and use and any possible dispute over privacy is subject to this Educators Program Privacy Statement and our Educators Program Terms of Use, including limitations on damages, disclaimer of warranties, and the application of California state law.

The Educators Program may permit you to link to other websites on the Internet, and other websites may contain links to the Educators Program. These other websites are not under Brilliant control, and such links do not constitute an endorsement by Brilliant of those other websites or the services offered through them. The privacy and security practices of websites linked to or from the Educators Program are not covered by this Educators Program Privacy Statement, and Brilliant is not responsible for the privacy or security practices or the content of such websites.

If you would like to stop receiving email from Brilliant, simply visit the Email section of your Account settings and uncheck any and all boxes.

The Educators Program is hosted and operated in the United States ("U.S.") through Brilliant and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Educators Program, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Brilliant in the U.S. and will be hosted on U.S. servers, and you authorize Brilliant to transfer, store and process your information to and in the U.S., and possibly other countries. Transfers of your Personal Data to Brilliant in the U.S. are necessary to perform the agreement we have entered into, or are about to enter into, with you.

Before July 16, 2020, we relied on our EU-U.S. Privacy Shield certification to transfer Personal Data that we received from the EU to Brilliant in the U.S. but on July 16, 2020, the European Court of Justice ruled that the EU-U.S. Privacy Shield is no longer available for these data transfers. Before September 8, 2020, we relied on our Swiss-U.S. Privacy Shield certification to transfer Personal Data that we received from Switzerland to Brilliant in the U.S. but on September 8, 2020 the Swiss Federal Data Protection and Information Commissioner determined that the Swiss-U.S. Privacy Shield is no longer available for these data transfers. We continue to comply with the Privacy Shield Principles described below as required by the U.S. Department of Commerce.

Brilliant has certified to the EU-U.S. and Swiss–U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce regarding the collection and use of Personal Data transferred from the EU and Switzerland. For more information about the Privacy Shield Program, and to view Brilliant's certification, please visit www.privacyshield.gov. Brilliant is committed to the Privacy Shield Principles of (1) notice, (2) consent, (3) accountability for onward transfer, (4) security, (5) data integrity and purpose limitation, (6) access and (7) recourse, enforcement and liability with respect to all Personal Data received from within the EU and Switzerland in reliance on the Privacy Shield. The Privacy Shield Principles require that we remain potentially liable if any third party processing subject Personal Data on our behalf fails to comply with these Privacy Shield Principles (except to the extent we are not responsible for the event giving rise to any alleged damage). Brilliant's compliance with the Privacy Shield is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.

Please contact us at privacy+gdpr@brilliant.org with any questions or concerns relating to our Privacy Shield Certification. If you do not receive timely acknowledgment of your Privacy Shield-related complaint from us, or if we have not resolved your complaint, you may also resolve a Privacy Shield-related complaint through JAMS, an alternative dispute resolution provider located in the United States. You can visit https://www.jamsadr.com/file-an-eu-us-privacy-shield-claim for more information or to file a complaint, at no cost to you. Under certain conditions, you may also be entitled to invoke binding arbitration for complaints not resolved by other means.

If you are a California resident please click here to learn more about your privacy rights.

This GDPR section applies to our processing of Personal Data relating to teachers and students from the European Economic Area and the United Kingdom. For this GDPR section, we use the terms "Personal Data" and "processing" as they are defined in the GDPR, but "Personal Data" generally means information that can be used to individually identify a person, and "processing" generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Brilliant will be the controller of your Personal Data processed in connection with the Educators Program. Note that we may also process Personal Data of our customers' end users or employees in connection with our provision of services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.

If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at privacy+gdpr@brilliant.org.

What Personal Data Do We Collect From You? We collect Personal Data about you when you provide such information directly to us, when third parties such as our business partners or service providers provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of the Educators Program.

Information we collect directly from you: We receive Personal Data directly from you when you provide us with such Personal Data, including without limitation the following:

Information we receive from third party sources: Some third parties such as our business partners and service providers provide us with Personal Data about you, such as the following:

Information we automatically collect when you use the Educators Program: Some Personal Data is automatically collected when you use the Educators Program, such as the following:

How Do We Use Your Personal Data? We process Personal Data to operate, improve, understand and personalize the Educators Program. For example, we use Personal Data to:

We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our "legitimate interests" or the legitimate interest of others, as further described below.

How and With Whom Do We Share Your Data? We share Personal Data with vendors, third party service providers and agents who work on our behalf and provide us with services related to the purposes described in this Privacy Policy or our Terms and Conditions. These parties include:

We also share Personal Data when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested. In addition to those set forth above, these parties also include:

We also share information with third parties when you have given us consent to do so (as indicated at the point such information is collected).

We also share Personal Data when we believe it is necessary to:

Furthermore, if we choose to buy or sell assets, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party, and we would share Personal Data with the party that is acquiring our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.

How Long Do We Retain Your Personal Data? We retain Personal Data about you as long as you have an open account with us or as otherwise necessary to provide the Educators Program. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.

What Security Measures Do We Use? We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity. For example, we encrypt all data in-transit, obfuscate and anonymize data that we share with processors like analytics services, and maintain all services with security patches in a timely manner. We also require that our suppliers protect such information from unauthorized access, use, and disclosure.

Personal Data of Children: Please refer to Section 4 above.

What Rights Do You Have Regarding Your Personal Data? You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email privacy+gdpr@brilliant.org. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary, to verify your identity and the nature of your request.

Right to File Complaint: You have the right to lodge a complaint about Brilliant's practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.

Brilliant may amend this Educators Program Privacy Statement from time to time. Use of information we collect now is subject to the Educators Program Privacy Statement in effect at the time such information is used. If we make changes in the way we use Personal Information, we will notify you by posting an announcement on our website, or via the Educators Program, or sending you an email. Users are bound by any changes to the Educators Program Privacy Statement when he or she uses the Educators Program after such changes have been first posted.

If you have any questions or concerns regarding privacy, please send us a detailed message at privacy@brilliant.org. We will make every effort to resolve your concerns.