General
These Terms and Conditions of Use (the “Terms and Conditions“) are entered into by and between you as a user (the “User” or “you“, whether as an individual, or as an educational institution or other legal entity) and ALPA Kids LLC (“ALPA Kids” or “we” or “us“) and govern your use of the ALPA Kids Platform on www.alpakids.com or any of its subdomains, and the ALPA Kids mobile application (“ALPA Kids Platform“). You can contact us by email at info@alpakids.com.
The purpose of these Terms and Conditions is to set forth the provisions under which ALPA Kids furnishes you with access to certain services, including playing, on your own or in an educational institution, digital learning games and using other services provided by ALPA Kids (collectively, the “Services“). These Terms and Conditions define, among other things, the provisions for purchasing products offered through the ALPA Kids Online Store (“Online Store“), as well as any other terms and conditions that apply when browsing the ALPA Kids Platform without using a particular Service and/or the Online Store.
By using the ALPA Kids Platform, including by placing purchase orders for the Services and/or products offered in the Online Store, and by using the paid and free Services, you confirm that: (i) you are at least 18 years old or have the permission of a parent or guardian to use the ALPA Kids Platform; (ii) you accept these Terms and Conditions as an individual or, if you represent an educational institution or any legal entity, you accept these Terms and Conditions on behalf of said institution or entity; (iii) you are authorised to accept these Terms and Conditions on behalf of the relevant legal entity; said legal entity is duly registered and agrees to be legally bound by these Terms and Conditions; (vi) you and the relevant legal entity are not prohibited from using the ALPA Kids Platform or accepting these Terms and Conditions under applicable legislation; and (vii) you will use the ALPA Kids Platform in accordance with these Terms and Conditions and applicable legislation and/or regulations.
ALPA Kids reserves the right to unilaterally modify or amend these Terms and Conditions, as well as the Data Processing Agreement set out in the Annex to these Terms and Conditions, at any time, provided that there is a reasonable justification for such modification or amendment (e.g. amendments to applicable legislation, legitimate business interests of ALPA Kids, improvements to the existing Services or other features, etc.). Any changes to the Terms and Conditions will be published on the ALPA Kids Platform.
ALPA Kids platform
The ALPA Kids Platform enables you to purchase and use the Services and otherwise navigate the ALPA Kids Platform. Certain Services, such as the Personalised Learning Path service, can be accessed by purchasing the corresponding paid Service.
You agree that ALPA Kids is solely responsible for ensuring that Users are able to use the ALPA Kids Platform, including to purchase, access and use selected Services, in accordance with any additional terms and conditions that may be agreed on. ALPA Kids is also responsible for sending an electronic confirmation of the conclusion of the respective agreement for use of the Service (“User Agreement[S1]“) from ALPA Kids to the User through the ALPA Kids Platform, and confirmation of any purchase in the Online Store.
You are also aware that you are liable to pay and declare taxes on transactions resulting from the use of the ALPA Kids Platform, including transactions made in the Online Store and fees payable under the User Agreement, in accordance with the requirements set out in the applicable legislation.
You agree that, in the event of any misuse, abuse, or inappropriate, disruptive, manipulative, or fraudulent use of the ALPA Kids Platform, ALPA Kids has the right to temporarily suspend and/or prohibit you from using the ALPA Kids Platform in any manner, now or in the future. A breach of these prohibitions can lead to civil and criminal liability for the offender.
Paying for ALPA Kids services
In order to access and use certain paid Services offered on the ALPA Kids Platform, you will need to purchase the relevant Service by paying for it in accordance with the applicable payment terms. A Service can be selected according to the content of the Service you wish to use (either a single digital learning game or a set of digital learning games), which may include, among other things, conditions regarding the duration of the right to use the selected Service (e.g. a month or a year). The information provided when making a purchase on the ALPA Kids Platform will include information on all applicable (payment) terms and conditions, any fees and default interest charged by ALPA Kids, and any free trial periods for the Service.
After you have completed your purchase of the Service through the ALPA Kids Platform, the ALPA Kids Platform will provide you with instructions or necessary guidance on how to make the payment. Users who are natural persons can pay for the Service using the third-party shopping environments offered (e.g. Google Play Store or App Store app store), after which the User Agreement is deemed to be concluded. Please note that, when using third-party shopping environments, payment terms separate from these Terms and Conditions may apply and you are responsible for complying with these terms. In addition, in the event of a problem with a purchase of a Service made through a third-party shopping environment, you should first contact the operator of the shopping environment used.
By purchasing a paid Service for a certain specified subscription period (e.g., a month or a year), you further agree that the right to use the selected Service will be automatically renewed after each subscription period and ALPA Kids will charge you, via third party shopping environments, for the renewal of the relevant subscription period of the Service on the subscription date corresponding to the date on which you originally purchased the Service. ALPA Kids will automatically renew the right to use the purchased Service (on a per subscription period basis) until you have cancelled or otherwise terminated the User Agreement in accordance with these Terms and Conditions.
You may cancel the User Agreement by using the relevant third-party shopping environment via which you purchased the Service. Termination of the User Agreement will take effect on the next settlement date of the subscription period on which you originally purchased the Service, after which you will no longer be able to use the Service and ALPA Kids will no longer renew your subscription to the Service you purchased. Please note that, in the event of termination of the User Agreement, ALPA Kids will not reimburse you for any payments made for the subscription period prior to termination.[S2]
Users that are educational institutions or other legal entities will be able to pay for the Service by way of an issued invoice, which will be sent according to the payment terms chosen by the User (either as an e-invoice or in physical form), together with an electronic confirmation of the purchase and other applicable terms and conditions, at which point the User Agreement will be deemed to be concluded. ALPA Kids will also provide you with a Service access code, which, when entered on the ALPA Kids Platform, will give the educational institution or other legal entity access to the purchased Service and other related features. Further instructions on how to enter the access code are available on the ALPA Kids Platform. The right of use of the respective Service by a Users that are educational institutions or other legal entities is not automatically renewed, i.e., at the expiry of each respective right of use, a new User Agreement should be entered into to ensure the continued right of use of the respective Service. In the event of a delay in the payment of the invoice, ALPA Kids has the right to charge the User default interest of 0.05% per day of the outstanding amount until the due amount is paid in full.
Please note that the obligation to pay the fee does not depend on whether the User actually uses the purchased Service or not. These Terms and Conditions will apply to the User Agreement under which ALPA Kids provides the Service purchased by the User, to the extent that the User Agreement does not expressly specify otherwise.
Using ALPA Kids services
Entering into a User Agreement will grant Users access to the selected Service via the ALPA Kids Platform, subject to further applicable terms and conditions (e.g. depending on whether a single digital learning game, or a monthly or annual subscription to the Service has been purchased).
The User will be fully responsible for the proper performance of the User Agreement, including the proper use of the corresponding Service in accordance with the content of the purchased Service. In addition, when using the ALPA Kids Platform on a mobile device or other hardware, the User agrees to use the latest available version of the ALPA Kids Platform application to ensure the latest content and best possible reliability. Minimum requirements for your mobile device or other hardware (including operating system compatibility) are available via the ALPA Kids Platform, which includes links to third-party app stores (e.g. Google Play Store or App Store).
ALPA Kids will not be liable for the content and performance of Services which are not provided by ALPA Kids itself, but are merely mediated by ALPA Kids. The third-party facilitator (e.g. a teacher at an educational institution) will be liable for the content and operation of such a Service and will use the Service to run a specific digital learning game and, if necessary, to analyse the results (e.g. at an educational institution).
The User agrees not to provide any third party with access to the relevant Service without the consent of ALPA Kids, including not providing access to the ALPA Kids digital learning game or any other feature to third parties who have not purchased the relevant Service. The User further agrees to notify ALPA Kids of any malfunctions, complaints and/or incidents that may occur during the use of the Service.
ALPA Kids reserves the right to modify the Services provided, their content and their price, including, but not limited to, for the purpose of improving the Services, adapting them to a new technical environment or for any other reason related to material changes in content. ALPA Kids further reserves the right to update the Services and their content to ensure that the service provided complies with these Terms and Conditions, including to ensure the security of the use of the Services.
ALPA Kids also has the right to terminate, with reasonable notice, any fixed-term User Agreement entered into with a User if the User decides to discontinue using the relevant Service, including any digital learning game. In the event of contractual termination, ALPA Kids will refund your prepayment on a pro rata basis to the extent that you are unable to use the purchased Service in accordance with the previously concluded User Agreement. Information about any changes and updates to the Services and the price of the Service payable will be communicated to you on the ALPA Kids Platform.
ALPA Kids online Store
Each User will have access to the Online Store. In the Online Store you will find a list of products offered by ALPA Kids, product descriptions and prices. The images of products are for illustrative purposes only. All prices indicated in the Online Store are in Euros and include VAT. Delivery charges are added to the price based on the valid price list.
Once you have found the product you wish to buy in the Online Store, selected the quantity and, if necessary, any other product characteristics you need to specify, click on the “Add to cart” button. For the selected product, you will be shown the price of the product and, in the case of a discount, the previous price before the price reduction[S3], as well as other information about all applicable payment terms. When you click on the ‘Pay’ button, you will be redirected to a page where you will need to enter your contact details, shipping and billing information, and any other information requested. During the purchasing process, you are required to provide information that is true, accurate, up-to-date and complete.
Once you have entered the required information and selected the desired shipping method, click the “Place Your Order” icon to complete your order. ALPA Kids will then provide you with instructions or the necessary guidance for payment, after which the sales contract for the selected product will be deemed to have been concluded. ALPA Kids will then send you an electronic confirmation of the purchase, the invoice, the concluded sales contract and any other applicable terms and conditions via email. Purchased products will be delivered to the address indicated by you at the time of placing the order using transport arranged by ALPA Kids. Payments in the Online Store are made through the service provider Maksekeskus AS, which is a payment institution operating in Estonia with an operating licence (No 4.1-1/127) issued by the Financial Supervision Authority.[S4]
If the product is out of stock and the order cannot be fulfilled, ALPA Kids reserves the right to offer a new delivery time or a refund. If the User opts for a refund, the money will be returned to the User immediately, but not later than fourteen (14) calendar days after the purchase. After the money has been returned, the sales contract is considered to be terminated.
ALPA Kids reserves the right to withdraw from the sales contract concluded in the Online Store and not to dispatch the products ordered if the price, description or quality of the products in the Online Store was incorrectly stated, or the final price of the shopping cart was incorrectly stated due to a technical or other error. If we identify a problem, we will notify you immediately. You will have the option to buy the same products at the correct price as indicated in the notice by re-ordering the selected products in the Online Store. In the event of such withdrawal from the contract, you will not be entitled to claim compensation for any loss or damage you may suffer as a result. Likewise, ALPA Kids may not allow the User to enter into a purchase and sale contract if the User breaches or has breached any purchase and sale contract previously entered into.
Products sold to Users who are consumers are subject to a two-year complaint period. In the event that the User wishes to file a complaint regarding the non-compliance of a product with the terms of the contract, the complaint should be submitted to ALPA Kids within two months of the day the User became aware that the purchased product does not comply with the terms of the contract. Any complaints should be sent to the email address epood@alpa.ee and should include the following information:
– Name and contact details of the User
– Description of the defect and the probable cause of the defect
– Order number
If a complaint is filed regarding non-conformity of the product, ALPA Kids will review the complaint within fourteen (14) calendar days of receipt.
ALPA Kids will bear the costs (including delivery costs) of replacing the defective product. If ALPA Kids accepts the complaint, ALPA Kids has the right to repair the product or, if this is not possible or otherwise practical, ALPA Kids will replace the defective product with an equivalent product. If replacement of the product is not possible (the product is no longer available at ALPA Kids or the product is no longer in production), ALPA Kids will refund the purchase amount paid by the User for the defective product to the bank account specified by the User within fourteen (14) calendar days of receipt of the complaint. If the defective product is replaced, the replacement product will be delivered to the User by transport arranged by ALPA Kids.
ALPA Kids reserves the right to change the prices in the Online Store at any time. If the prices in the Online Store have been changed after the User has confirmed and paid for their order, ALPA Kids will deliver the corresponding products to the User at the prices valid at the time of placing the order.
Administration of the ALPA Kids platform
The ALPA Kids Platform is available online 24 hours a day, 7 days a week, except in the case of regular and emergency interruptions due to maintenance or force majeure. For the purposes of these Terms and Conditions, ‘Force Majeure’ means any unforeseeable circumstance not caused by the fault of a party and which the party cannot reasonably overcome, including, for example, internet outages, communication failures, fire, flood or war.
ALPA Kids reserves the right, at any time and at its sole discretion, to close or block all or part of the ALPA Kids Platform or access to it, in particular for maintenance, upgrades or in the event of an attack on the ALPA Kids Platform.
The ALPA Kids Platform may contain hyperlinks to third party websites; however, ALPA Kids will not be held liable for third party websites or their content. The ALPA Kids Platform and third party websites are not linked to each other and you are responsible for using the third party websites and for compliance with the Terms and Conditions of their use.
Proprietary rights
The ALPA Kids Platform, the trademarks, logos, other distinctive signs and software used thereon, and the content of the ALPA Kids Platform (i.e., all texts, videos, photos and other information of any form or kind published on the ALPA Kids Platform) (the “Property”) are owned by ALPA Kids or by third parties with permission to use such content on the ALPA Kids Platform.
This Property may be subject to copyright, trademark, patent and other intellectual property rights, and protected accordingly. It is strictly prohibited to use any information (including the Property) published on the ALPA Kids Platform for commercial or promotional purposes.
It is prohibited to copy, use for any other purpose, sell, distribute, modify, adapt, translate or reproduce any information (including the Property) or any part of it published on the ALPA Kids Platform without the prior express permission of ALPA Kids. A breach of these prohibitions can lead to civil and criminal liability for the offender.
Right of withdrawal
Users who are consumers have the statutory right to withdraw from the Service (which may be digital content or a service within the meaning of the law) and/or the purchase made through the Online Store without giving any reason.
By purchasing (or automatically renewing) a Service that corresponds to digital content within the meaning of the law (e.g. a digital learning game), you agree that the content of that Service will be immediately available to you from the moment of purchase (or automatic renewal) and you therefore waive the statutory 14-day right of withdrawal.
If the Service is a digital service within the meaning of the law (e.g. the personalised learning path service), the right of withdrawal expires 14 days after the date of purchase or automatic renewal of the Service. If you have not used the relevant Service within these 14 days, we will refund you the full price of the Service purchased.
The right of withdrawal for products purchased via the Online Store expires 14 days after the date of receipt of the purchased product. The right of withdrawal does not apply to a product purchased through the Online Store once you have started using the purchased product. In the case of a return of a product purchased through the Online Store, the product to be returned must contain all the items and documentation included in the packaging.
In order to exercise the right of withdrawal for a product purchased through the Online Store, you must provide us (at Laki tn 19, Tallinn 12915, Estonia or by email to info@alpakids.com) with an unambiguous statement of your intention to withdraw from the purchase made through the Online Store (e.g. by letter or email). You may use the withdrawal form, but it is not compulsory.
If you wish to withdraw from a Service (whether digital content or a service), we ask you to first contact the operator of the third-party shopping environment because, subject to the terms and conditions of the shopping environment used, you may be able to exercise your statutory right of withdrawal through the relevant shopping environment for a certain period of time. However, you also continue to have the right to exercise your right of withdrawal in accordance with the guidelines and conditions set out in the previous paragraph.
A request to withdraw will be deemed to have been made within the time limit if you have sent your notice of withdrawal before the expiry of the withdrawal period referred to above, unless you have waived your right to withdraw.
In the event of you exercising your right of withdrawal, we will refund the corresponding payments as soon as possible, and in any event no later than 14 days from the date of receipt of your notice of withdrawal. To make a refund, we will use the same payment method that you originally used to make the payment, unless you have expressly agreed to another payment method; in either case, we will not charge a refund fee.
Processing of personal data
More detailed information about the processing of personal data on the ALPA Kids Platform is available in the ALPA Kids Platform Privacy Policy.
Liability
You use the ALPA Kids Platform at your own risk. This means that ALPA Kids will not be liable for any damage caused by any virus, malware or other third-party material harmful to technology that may be distributed through any digital platform that may adversely affect the User’s computer, mobile device, other hardware or software. Furthermore, ALPA Kids will not be liable for any loss or damage that may occur in the event of loss or corruption of data related to the use of the ALPA Kids Platform. You are responsible for taking all necessary steps to protect your data, computer systems and software from viruses, Trojan horses and any other computer programs that may spread through the digital platform.
Except to the extent permitted by applicable legislation, ALPA Kids will not be liable for any direct or indirect loss (including loss of profits) that may arise from the use of or inability to use the ALPA Kids Platform or from events related to the ALPA Kids Platform more generally, including any transactions entered into through the ALPA Kids Platform and technical failures, interruptions, disruptions and modifications to the ALPA Kids Platform.
ALPA Kids will not be held liable for any delay in delivery of products purchased through the Online Store, or for any misunderstandings that may arise, if the delay or misunderstanding is due to the inaccuracy or incorrectness of the information provided by the User when making the purchase, or due to the User’s own failure to accept the product, including, inter alia, the absence of a suitable recipient of the product at the place of delivery of the product at the time specified by the User in accordance with the Purchase Agreement.
Please also note that you are solely liable for the data you provide to ALPA Kids. ALPA Kids will not be held liable for any error, incompleteness or inaccuracy in the information provided by you.
These Terms and Conditions do not limit or exclude the liability of ALPA Kids in cases where the limitation or exclusion of liability is prohibited by law.
Other provisions
ALPA Kids may run promotions (including trial months to access and use certain Services), subject to additional terms and conditions published on the ALPA Kids Platform.
If ALPA Kids has notified the User of a change to these Terms and Conditions and the User does not agree to the change to these Terms and Conditions, the User will have the right to terminate the User Agreement with ALPA Kids by notifying ALPA Kids in writing at least fourteen (14) calendar days in advance upon receipt of notice of the changes.
You agree not to use the ALPA Kids Platform for any unlawful activity or for any commercial purpose other than for the performance of your obligations under these Terms and Conditions.
Neither ALPA Kids nor the User will be liable for any breach of the obligations set out in these Terms and Conditions if such breach is caused by an event of force majeure.
If we do not require performance of these Terms and Conditions in certain circumstances, or if we do not exercise a right set out in these Terms and Conditions, this does not limit our right to require such performance and to exercise our right in the future.
If any provision of these Terms and Conditions is found to be invalid, void or unenforceable for any reason, that provision will be deemed omitted from these Terms and Conditions and the validity and enforceability of the remaining provisions of these Terms and Conditions will not be affected.
These Terms and Conditions, as well as any User Agreements or purchase agreements entered into through the Online Store and other related documents, are governed by the applicable legislation of the Republic of Estonia.
Disputes arising in connection with these Terms and Conditions and in connection with the use of the ALPA Kids Platform, including the use of the Services and purchases made through the Online Store, will be resolved by negotiation between the User and ALPA Kids. If no agreement is reached, the User has the right to seek redress before the Harju County Court, if the User does not have the right to seek redress before the court of their place of residence. The User who is a Consumer has the additional right to refer the matter to the Consumer Disputes Committee or the Online Dispute Resolution (ODR) platform.
Requisite information
ALPA Kids OÜ
Registration code: 14547512
Address: Laki tn 19, Tallinn 12915, Estonia
EE412200221072070313
Email: info@alpakids.com
Updated in March 2023
Annex – Data Processing Agreement
This data processing agreement (the “Data Processing Agreement“) supplements and forms an integral part of the Terms and Conditions between ALPA Kids and the User (an educational institution or any other legal entity) in relation to the provision of the ALPA Kids Services to the User.
Definitions and terms used in the Data Processing Agreement will have the meaning set out in the ALPA Kids Platform Terms and Conditions of Use and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“General Data Protection Regulation”).
Subject matter of the data processing agreement
By this Data Processing Agreement, the User authorises ALPA Kids, as data controller, to process the personal data entered into the ALPA Kids Platform or otherwise made available by a person authorised by the User pursuant to the User Agreement, and for which the User is the data controller within the meaning of the General Data Protection Regulation, to the extent necessary for the performance of the User Agreement entered into between ALPA Kids and the User, under the terms and conditions set out in the Data Processing Agreement.
For the avoidance of any doubt, ALPA Kids and the User have agreed that if the User enters, within the framework of the Service, the personal data of the data subjects who are players of the relevant digital learning game on the ALPA Kids Platform, the User will also be the data controller of all personal data entered and ALPA Kids as the data processor will process such data on behalf of and under the authority of the User within the framework of the provision of the Service.
ALPA Kids agrees to provide the Services to the User in accordance with these Terms and Conditions. In the course of providing the Services, ALPA Kids will process the User’s data, including personal data. ALPA Kids will process personal data in accordance with the terms and conditions of this Data Processing Agreement.
ALPA Kids will process personal data for the following purposes:
– for the administration of the digital learning game operated by the User within the framework of the Service and for the processing of personal data in connection therewith as required by law; and
– to support the digital learning game operated by the User within the framework of the Service and to analyse the results of the digital learning game.
ALPA Kids will process personal data only to the extent necessary to provide the Services in accordance with these Terms and Conditions and the Data Processing Agreement. In cases not provided for in the Data Processing Agreement, these Terms and Conditions will apply.
Rights and obligations of the user
The User, as the data controller, will ensure that they have the appropriate legal basis for the processing of personal data and, where applicable, the consent of the data subject or their legal representative. The User will also ensure that the processing of personal data by the User is limited to what is necessary for the purposes for which the personal data are processed, including the authorisation of ALPA Kids to process personal data in accordance with the General Data Protection Regulation and any other applicable national and international legislation on the protection of personal data, as well as these Terms and Conditions and the Data Processing Agreement.
In addition, the User will ensure that they monitor ALPA Kids’ personal data processing activities and have in place organisational, physical and technical security measures for the protection of personal data in compliance with the applicable data protection legislation, and to the extent necessary make them available to ALPA Kids.
The User has the right to regularly (including prior to entering into or commencing the performance of the User Agreement) verify the compliance of the processing of personal data by ALPA Kids with the General Data Protection Regulation and other applicable legislation, as well as with the Data Processing Agreement.
Obligations of ALPA Kids
On behalf of and under the responsibility of the User, ALPA Kids, as a data processor, undertakes to process the personal data only in accordance with the Terms and Conditions, the Data Processing Agreement and the General Data Protection Regulation and any other applicable personal data protection legislation granted to ALPA Kids by the User for the processing of personal data, in accordance with the User’s written instructions. For the avoidance of any doubt, ALPA Kids will not be liable for any damage caused by the User’s written instructions being in breach of the General Data Protection Regulation or other applicable legislation, the Data Processing Agreement or the Terms and Conditions.
Notwithstanding the foregoing, ALPA Kids has the right to process personal data independently of the User and the Terms and Conditions, including the Data Processing Agreement, if ALPA Kids has an independent legal basis to process certain personal data as a controller (for example, in a situation where ALPA Kids processes personal data in performance of a contract with a data subject or their legal representative or on the basis of the data subject’s consent). Such processing of personal data is not considered a breach of the Data Processing Agreement.
ALPA Kids grants access to personal data only to those authorised persons whose access is necessary for the performance of ALPA Kids’ responsibilities and only to that part of the personal data to which access is strictly necessary for the performance of ALPA Kids’ operations. ALPA Kids will take reasonable measures to ensure the confidentiality of each of its authorised persons who have access to personal data and will ensure that all authorised persons are: (i) informed of the confidential nature of personal data, and (ii) aware of ALPA Kids’ and their own obligations in relation to the processing of personal data. ALPA Kids ensures that persons authorised to process personal data are bound by confidentiality obligations or are bound by confidentiality obligations under the applicable legislation.
ALPA Kids allows the User to access the personal data processed on their behalf at any time and to add, correct, delete, and transfer the data, and to restrict the processing thereof in accordance with the User’s possibilities. ALPA Kids agrees to cooperate with the User and to assist the User in resolving and complying with any requests for the processing of personal data and the exercise of any rights in relation to the processing of personal data made by data subjects who are players, including, but not limited to, in the event that a data subject who is a player wishes to access or request the deletion of their personal data.
ALPA Kids agrees to make available to the User all information necessary to demonstrate compliance with the obligations set out in the Data Processing Agreement and to allow the User or an auditor authorised by the User to carry out audits, including controls, and to facilitate the carrying out of such audits. In addition to the foregoing, ALPA Kids agrees in any event to assist the User to comply with the obligations set out in Articles 32-36 of the General Data Protection Regulation, taking into account the nature of the processing and the information available to ALPA Kids.
ALPA Kids will ensure a level of security appropriate to the threats and risks associated with the processing of personal data by implementing appropriate and proportionate technological, physical and organisational measures to protect personal data against unauthorised access, loss and alteration and to ensure that personal data is processed only for the purposes and to the extent necessary for the performance of the contract. For example, ALPA Kids will only allow access to personal data entered by a User on the ALPA Kids Platform to authorised sub-processors, in addition to other measures set out in the Data Processing Agreement.
In the event that data subjects, competent authorities or other third parties request information from ALPA Kids in connection with the processing of personal data under the Data Processing Agreement, ALPA Kids will forward such requests to the User, unless otherwise required by applicable legislation on the protection of personal data. Under no circumstances may ALPA Kids act as an agent for or on behalf of a User in the handling of queries.
Upon receipt of a written instruction from a User, ALPA Kids will delete or destroy all or part of the Personal Data without undue delay.
Sub-processors
The User grants ALPA Kids their general consent to engage and/or use sub-processors to process personal data in connection with the provision of the Service. ALPA Kids will be responsible for the activities of the sub-processors it engages and uses for the processing of personal data on an equal basis with its own activities and will ensure that they comply with the Data Processing Agreement, the General Data Protection Regulation and other legislation relating to the protection of personal data at least to the same extent as ALPA Kids.
ALPA Kids will make the details of the sub-processors it engages and uses available in the ALPA Kids Platform Privacy Policy, in which the list of processors used is published.
If ALPA Kids intends to involve a new sub-processor after acceptance of the Terms and Conditions and the Data Processing Agreement, it must publish the details of the new sub-processor in the list of processors to be used at least 14 calendar days before any transfer of personal data to the new sub-processor. If the User does not object to the sub-processor within the aforementioned time limit, the User is deemed to have accepted the sub-processor. If the User has filed a reasoned written objection to the new sub-processor within the aforementioned time limit and the parties have not reached an agreement on the non-inclusion or change of the new sub-processor, the User will have the right to terminate the contract together with the Data Processing Agreement that forms part of it as of the moment the sub-processor to which the User has objected starts processing the personal data.
Personal data breaches
In the event of a personal data breach, ALPA Kids will take appropriate measures to eliminate, prevent or mitigate the risk to personal data arising from the breach, including the risks of accidental or unlawful destruction, loss, alteration, unlawful disclosure or unauthorised access. ALPA Kids agrees to notify the User without undue delay (but no later than 72 hours after becoming aware of the breach) of any personal data breach.
ALPA Kids will document all personal data breaches and their circumstances, including the impact and extent of the breach and the corrective measures taken to address it. At a minimum, the following elements of the personal data breach are documented:
– a description of the nature of the breach and, where possible, a description and number of categories and types of data subjects affected
– a description of the consequences, both expected and actual
– a description of the corrective measures the service provider has taken or intends to take to address the breach
A copy of the documentation of the personal data breach will be provided to the User or the relevant supervisory authority upon written request.
The User will be solely responsible for fulfilling its obligations to notify of any personal data breaches, including, where applicable, notifying data subjects, supervisory authorities or third parties, and ALPA Kids will not assume any obligations in this regard.
Liability
Subject to the limitations of liability set out in the Terms and Conditions, ALPA Kids agrees to compensate the User for any material damage caused to the User as a result of:
– a material breach of the User Agreement and/or the Data Processing Agreement entered into with the User in connection with the processing of personal data by ALPA Kids or
– a material breach of the General Data Protection Regulation and/or other applicable personal data protection legislation by ALPA Kids when processing personal data.
Validity and expiry
The validity of the Data Processing Agreement is integrally linked to the validity of the User Agreement between ALPA Kids and the User for the provision of the Services under the Terms and Conditions, and the Data Processing Agreement will expire upon expiry of the User Agreement.
Upon expiry of the Data Processing Agreement, but no later than 30 days thereafter, ALPA Kids will return the personal data to the User or make it otherwise available for return. After the User has accepted or refused in writing to accept the personal data, ALPA Kids agrees to irretrievably delete or destroy all personal data in its possession, except for personal data that ALPA Kids has the right to process on any other basis independent of the User Agreement and the Data Processing Agreement.
If the User fails to accept the personal data to be returned within 30 days after the expiry of the Data Processing Agreement and does not object in writing, ALPA Kids will delete or destroy the personal data to be returned provided that is not subject to the User’s obligation to retain such data under the relevant applicable legislation. The personal data that the User is required to retain under the applicable legislation will be retained by ALPA Kids until the User’s written consent to the deletion of such personal data is obtained or the retention obligation under the applicable legislation expires, and the User agrees to compensate ALPA Kids for the retention of such personal data as agreed by the parties.