| Edukapi |
| Last version date: January 25, 2025 |
| Privacy Policy Version: 3.0 |
At Edukapi SpA (hereinafter, "Edukapi" or "We"), respect the User’s privacy, and we are strongly committed to keeping secure any information obtained from them, in their interaction or use of the Platform and/or the Services.
All capitalized terms that are not expressly defined in this document will have the meaning given to them in our Terms and Conditions.
a. International Coverage:
b. Languages and Translations:
c. Minimum Age and Applicable Legislation:
d. Email Verification and Responsibility for Provided Data:
e. Reservation of Rights:
The information requested by Edukapi to create a User Account, namely full name, age, email address ( hereinafter, the "Personal Data") and general preferences of the Application, are the only data that will be requested from the User, which are obtained voluntarily from them. The Personal Data provided by the User will remain completely confidential with Edukapi, and the User has, at all times, the rights granted under Law No. 19.628 on the Protection of Private Life, as indicated in clause 17 of our Terms and Conditions and in this Privacy Policy.
In any case, the purpose of such Personal Data will be to validate the identity of the User and to offer the Services in a personalized manner according to their interests and preferences as an integrated process, allowing the generation of internal statistics to make the User’s interaction and experience on the Platform more effective and efficient. Under no circumstances will Personal Data be transferred to third parties, except when expressly authorized by the User, required by law, or when the competent authority requires it by virtue of a judicial order or by express mandate of the corresponding supervisory entity. On the other hand, Statistical Data, which under Law No. 19.628 on the Protection of Private Life, cannot be associated with an identified or identifiable holder—either because Edukapi has carried out a data dissociation procedure or another analogous mechanism—may be used for commercial, brand, and company valuation purposes.
By accepting the Terms and Conditions and this Privacy Policy, the User consents and expressly authorizes Edukapi to process their Personal Data, in accordance with the provisions of Law No. 19.628 on the Protection of Private Life, especially concerning the processing of such data for proper identification, as well as their contact information and other personal data essential for the purposes, proper functioning, and continuous improvement of the Services at their disposal. The processing of this Personal Data includes all operations, as defined under the aforementioned Law. As a result of the processing to be carried out, the User will have all the rights recognized by said Law regarding the processing of personal data.
The information provided by the User must be accurate, precise, and true, and they are solely responsible for any misuse of such information or the falsity of any statement therein. Edukapi accepts no liability whatsoever for the provision of incorrect or false information entered into the Platform, aiming to circumvent the required age or any of the rights and obligations of the Terms and Conditions and these Privacy Policies. Consequently, the Personal Data entered by the User when registering their Account must be accurate, up-to-date, and truthful at all times. Edukapi is not responsible for the accuracy of such Personal Data, as it is provided by the User and remains their sole and exclusive responsibility. In this regard, the User guarantees and is liable, in any case, for the veracity, accuracy, validity, and authenticity of their Personal Data.
When the User uses the Services, they will generate content based on the interactions they make on the Platform, as well as on other social or information networks where Edukapi has active accounts, such as Instagram, Facebook, TikTok, X, YouTube, Discord, and/or LinkedIn. Understood as "User Content", as defined in our Terms and Conditions, any content created or uploaded by the User to the Platform or any of the aforementioned social or information networks, such as text, mathematical or other types of problems or subjects, photographs, videos, images, files, data, questions, comments, suggestions, feedback, ideas, error reports, and any other information that is sent or automatically received.
User Content is not considered confidential information.
The User is solely responsible for User Content, as stated in our Terms and Conditions.
The User agrees that by uploading User Content to the Platform, they irrevocably grant Edukapi a license to all exclusive rights to such User Content, enabling Edukapi to use and dispose of it at its discretion and for any purpose, in accordance with clause 7 of the Terms and Conditions. Consequently, the User guarantees that they have the rights, licenses, and/or authorizations necessary to generate and upload User Content to the Platform and that the User Content, as well as Edukapi’s exercise of its rights over it, as described, does not violate or infringe, in any case, any intellectual property rights or any other rights of any third party, such as registered trademarks, copyrights, moral rights, publicity rights, among others.
Edukapi explicitly states that everything related to this clause fully references clause 7 of the Terms and Conditions.
| (i) | Registration data and device information: Edukapi will receive automatic information from the browser the User utilizes when interacting with the Platform or using the Services. This information may include the device type and name, its operating system, device identifiers, Internet Protocol address, type and configuration of the browser, computer connection, date, time, location of their request, and how the User interacts with the Platform. |
| (ii) | Usage Data: Edukapi will receive information about how the Services are used and how the User interacts with the Platform, such as questions asked, content uploaded by the User, which features they use on the Platform and the actions they take, time zone, country, and dates and times of access. |
Edukapi may use the provided information to: (i) validate the User’s identity; (ii) offer a better Service to the User; (iii) respond to User queries regarding the Services offered and, in general, communicate with the Users of the Platform; (iv) inform about new tools available on the Platform or changes in these Terms and Conditions; (v) implement improvements to the Platform; (vi) analyze, gather statistical data, and conduct email marketing, ensuring proper data dissociation so that under no circumstances can Users be identified, thereby converting such data into Statistical Data that may be assigned and shared in sales processes, transactions, or others; (vii) conduct internal analyses aimed at improving the management of the Services and the Platform; (viii) train new models and/or develop new complementary programs or services; (ix) validate, confirm, and process transactions made through the Platform by subscribing to plans or otherwise; (x) prevent fraud, any illegal or criminal activity, or misuse of the Services that could cause harm to Edukapi or the Users of the Platform; (xi) protect the security of Edukapi’s IT systems, architecture, and networks; and (xii) comply with Edukapi’s legal obligations and protect its rights, privacy, security, or property, and/or those of its subsidiaries, partners, as well as those of the Users. (xiii) Show and manage ads within the App and the Platform, processing User information for personalized or non-personalized advertising purposes, always complying with applicable laws, including the United States Children’s Online Privacy Protection Act (COPPA) and the relevant provisions of the General Data Protection Regulation (GDPR) in the European Union. In this regard, the following is noted:
Edukapi agrees not to disclose, under any modality, Users’ Personal Data registered on the Platform to third parties and ensures that it will be handled strictly confidentially and in accordance with the provisions of current legislation. Data will only be shared if the User expressly authorizes it, when required by law, or when the competent authority by virtue of a judicial decision or by express mandate of the corresponding supervisory entity, so indicates. On the contrary, Statistical Data, which under Law No. 19.628 on the Protection of Private Life, cannot be associated with an identified or identifiable holder—either because a data dissociation procedure or another analogous mechanism has been carried out by Edukapi—may be used for commercial, brand, and business valuation purposes.
Edukapi uses data processing facilities and services in Chile, the United States, and other countries worldwide to store, handle, and dissociate information. By using the Services, the User accepts and consents to the international and cross-border storage of data, notwithstanding all the security measures adopted by Edukapi to safeguard and protect it. Edukapi ensures that all data storage and processing service providers it contracts with comply with its protection standards.
In this regard, Edukapi may, at its discretion, change its hosting service provider, cloud services, or any other information technology or web analysis provider, among others, in order to correctly process information, improve the Services and/or the Platform, its quality and availability, and safeguard the security of the information. Any external provider that has access to data collected by Edukapi will have such access only for the purpose of performing its duties (for example, to correctly offer and provide the Services to the User) and always according to the instructions given by Edukapi.
The User’s Personal Data will not be stored and will be deleted from Edukapi’s records when the User deletes their Account. However, it is explicitly stated that only the email address will be stored even after the Account is deleted, as a critical element for the operation and functioning of the Platform, without being able to associate it with a specific User or former User, and solely for the purpose of avoiding duplicate accounts and offering a better experience to the User who wishes to re-enter the Platform and re-subscribe to the Services.
Edukapi undertakes to implement technical and organizational security measures to protect Users’ Personal Data against unauthorized access, disclosure, alteration, or destruction. However, any person who voluntarily decides to create an Account as a User acknowledges that no Internet data transmission or storage system is completely secure, so Edukapi cannot guarantee absolute security, beyond its obligation to have the necessary systems in place to protect the information in the most efficient and appropriate manner, as well as to take necessary measures should that protection be compromised.
The User acknowledges that the Platform may use a behavioral tracking system through the use of “cookies,” “web beacons,” and/or other similar tracking technologies. These are small pieces of information that a website stores in each User’s browser and allow the Site to remember the User. These technologies are used to understand the interests and behavior of the Users who visit the Platform, remember their preferences, and track the use of the Platform, thereby providing better service or related information. These technologies cannot be used to run programs or introduce viruses into the computers of Users or visitors of the Platform. Likewise, the Platform may include third-party cookies, such as affiliated companies, service providers, and/or content and advertising providers.
In any case, the User may configure their browser to accept all cookies, reject all cookies, or to notify them every time a new cookie is offered—for acceptance or rejection. It should be noted that rejecting a cookie, in certain cases, may affect the functionality of the Platform.
Users may:
To exercise the rights granted to Users under Law No. 19.628 on the Protection of Private Life, or for resolving doubts, queries, or complaints, they may use the help or contact mechanisms provided in the Platform as a channel of communication, as well as the following contact email: legal@edukapi.com. Likewise, in accordance with the aforementioned law, the User may at any time rectify and cancel the right to information of their Personal Data provided on the Platform by canceling their respective Account.
Users agree to: (i) Respect the privacy of other Users; (ii) Not engage in unauthorized collection of content or information from other Users or otherwise access the Platform or the Services (including, but not limited to, via “bots” or “scrapers” or other automated means) without Edukapi’s authorization; (iii) Not disclose Personal Data or sensitive information related to another person, including, but not limited to, address, phone number, photo, credit card number, or any information that could be otherwise used to track, contact, or impersonate another person; and (iv) Not provide false Personal Data to Edukapi or create a User Account for someone else without authorization.
Edukapi does not intentionally collect personal information or Personal Data from minors without the prior consent of their legal representative (parent or legal guardian, as applicable). The definition of 'minors' is established in accordance with the applicable laws in each country concerning digital consent and personal data processing, which may differ from the age of majority recognized in other legal contexts.
In accordance with the Terms and Conditions, for contractual and legal purposes, and for the consequent use of the Platform and Services, minors must use them through their legal representative. Edukapi is not responsible for the submission of incorrect or false information entered on the Platform to circumvent the required age and obligations established in the Terms and Conditions and this Privacy Policy.
Edukapi is committed to protecting minors by offering access to Services through an inclusive but also secure Platform. However, it is the responsibility of the User or, where applicable, their representative to prove they have the capacity, authorization, or legally required representation. Therefore, any person who accesses or creates an Account on the Platform stating that they are a minor is understood, for all applicable purposes, to act through their authorized representative (parent or legal guardian).
Additionally, when the applicable legislation in each jurisdiction establishes a minimum age for digital consent (e.g., 13 years under the Children’s Online Privacy Protection Act (COPPA) in the United States or 16 years in certain jurisdictions of the European Union), Edukapi will respect these provisions for the processing of Personal Data and the provision of personalized services.
In this regard, parents or legal guardians have the right to review their children’s or wards’ Personal Data, as applicable, as well as to request its deletion and the cancellation of their Accounts through the channels indicated in clause 6 above.
At any time and at its sole discretion, Edukapi may modify or amend this Privacy Policy without prior notice to Users. Nevertheless, Users will be notified of such changes at their registered email addresses, and the duly updated version will remain available on the Platform, which is the official channel for informing them of any amendments. It is the sole responsibility of the Users to regularly review this Privacy Policy, and any new updates will remain online and openly accessible to anyone who wishes to read them. Consequently, any use and/or access to the Platform and/or the Services through their Accounts after such updates implies the User’s acceptance of the new Privacy Policies, without any objection or dispute whatsoever.
In case of doubts or questions regarding matters not addressed in this Privacy Policy, Users can contact support at the following email address: soporte@edukapi.com or support@edukapi.com.