Privacy Policy

Effective: January 30, 2021, Updated August 18, 2022

This Privacy Policy explains how information is collected, used and disclosed by The Explanation Company, with respect to your access and use of our mobile applications and website for Lava users (“Lava”). This Privacy Policy doesn’t apply to any websites, services or applications operated or provided by other companies that can be accessed through Lava. Please read this Privacy Policy and our Terms of Service (“Terms”) carefully because they govern your use of Lava, and our content.

Any information we collect is subject to the Privacy Policy in effect at the time such information is collected. We may, however, modify and revise our Privacy Policy from time-to-time. If we make any material changes to this policy, we will notify you of those changes by posting them on our website, through our services or by sending you an email or other notification, and we will indicate when those changes will become effective.

Personal Information We Collect

Information You Provide for Your Account: In order to make full use of the Lava services as made available via the website and/or the Lava app, you will be required to provide certain personal information in the download and registration process.

In order to receive a link to download the Lava app, you may provide the parent’s phone number. We use the parent’s phone number to send the parent a text message to download the mobile application and create an account.
When you create an account, we collect the parent’s email address. We use the parent’s email address to send the parent a message to verify the account and notify the parent about our privacy practices and terms of service. When the parent verifies the account, we collect the child’s first name and grade level, and a password.

Communications with Us: We may collect information from you such as email address, phone number or mailing address when you contact us to request information about our services, register for a newsletter or a loyalty program that we may oﬀer from time to time, request to receive customer or technical support or otherwise communicate with us.

Surveys: We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.

Automatic Data Collection: We may collect certain information automatically when you use Lava. This information may include your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile vendor ID, advertising ID and other unique device identifiers, details about your browser, operating system or device, location information, Internet service provider, pages that you visit before, during and after using Lava, information about the links you click, and other information about how you use Lava. Information we collect may be associated with accounts and other devices. In addition, we may automatically collect data regarding your use of Lava, such as the types of content you interact with and the frequency and duration of your activities.

Location Data: We may use your IP address to estimate your location. We will only collect your precise location from your mobile device if you give us permission on your device to access your location.

Cookies, Pixel Tags/Web Beacons, Analytics Information, and Interest-Based Advertising technologies: We, as well as third parties that provide content, advertising, or other functionality on Lava, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through Lava. Technologies are essentially small data files placed on your computer, tablet, mobile phone, or other devices that allow us and our partners to record certain pieces of information whenever you visit or interact with Lava.

Cookies: Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, Lava may not work properly.
Pixel Tags/Web Beacons: A pixel tag (also known as a web beacon) is a piece of code embedded in Lava that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.

Analytics: We may also use SmartLook, Google Analytics, Facebook, and other service providers to collect information regarding visitor behavior and visitor demographics on Lava. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of Lava by going to http://tools.google.com/dlpage/gaoptout. For more information on SmartLook, please visit https://help.smartlook.com/en/articles/3244452-privacy-policy. SmartLook’s opt-out tool is available at https://www.smartlook.com/opt-out/. To opt out of Facebook targeted advertising, please visit https://www.facebook.com/help/568137493302217.

Payment Information: We may collect information necessary to process your transactions, including your name, email address, mailing address, phone number, payment information, such as a credit card number and/or other related information that may be required from you to access paid services or purchase products ("Financial Information"). Unless we tell you otherwise at the time of your purchase we do not collect, store or maintain your Financial Information. For more information on how your information is shared in these instances, please see the Section "Third-Party Payment Processing" below.

International Users: Note regarding international users: Information that is provided to us will be transferred to and maintained on computers located in the United States (or any other country where we operate) and processed there – by providing us with your information, you are acknowledging and agreeing to that transfer.

How We Use the Information We Collect

We use your information for a variety of business purposes, including to:

Fulfill our contract with you and provide you with the Lava services, such as:

Managing your information and accounts;
Providing access to certain areas, functionalities, and features of Lava;
Communicating with you about your account, activities on Lava and policy changes;
Undertaking activities to verify or maintain the quality or safety of a service or device, including user support;
Processing your financial information and other payment methods for purchased products or services;
Allowing you to register for events.

Analyze and improve our services, such as:

Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
Measuring interest and engagement with Lava and short-term, transient use, such as contextual customization of ads;
Undertaking research for technological development and demonstration;
Researching and developing products, services, or security procedures to improve their performance;
Improving, upgrading or enhancing Lava;
Developing new products, features and services;
Verifying your identity and preventing fraud;
Debugging to identify and repair errors that impair existing intended functionality;
Enforcing our terms and policies; and
Complying with our legal obligations.

Provide you with additional content and services, such as:

Furnishing you with customized materials about offers, products, features and services that may be of interest; and
Other purposes you consent to, are notified of, or are disclosed when you provide personal information.

Third Party Payment Information: When you make purchases through Lava, we process your payments through a Third-Party payment service provider. In these instances the Third-Party payment service may collect certain information from you to process a payment on behalf of us, including your name, email address, address and other billing information in which case the use and storage of your payment information is governed by the Third-Party payment service provider’s terms, conditions and privacy policies.

International Data Transfers: You agree that all information processed by us may be transferred, processed, and stored anywhere in the world, including but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We have taken appropriate safeguards to require that your personal information will remain protected and require our third-party service providers and partners to have appropriate safeguards as well. Further details can be provided upon request.

Information We Share With Others

We will only share your personal information with the following categories of third parties. We have not sold consumers’ personal information in the preceding 12 months (or ever). We have disclosed the following categories of personal information to third parties for a business purpose.

Category: (A) Identifiers: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name,

Category: (B) Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)): A name, address, telephone number, credit card number, debit card number, or any other financial information, Personal Information does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. Note: Some personal information included in this category may overlap with other categories.

Category: (F) Internet or other electronic network activity: Browsing history, search history, information on a consumer's interaction with an internet website, application, or advertisement.

Service Providers: We may share any personal information we collect about you with our third- party service providers. The categories of service providers (processors) to whom we entrust personal information include: IT and related services; information and services; payment processors; customer service providers; and vendors to support the provision of Lava.

Affiliates: We may share personal information with our affiliated companies.

Disclosures to Protect Us or Others: We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.

Disclosure in the Event of Merger, Sale, or Other Asset Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.

Your Rights and Choices

Your Privacy Rights: In accordance with applicable law, you may have the right to:

Access to/Portability of Personal Data about you or your child consistent with legal requirements. In addition, you may have the right in some cases to receive or have your and your child’s electronic Personal Data transferred to another party.
Request Correction of your and your child’s personal information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your and your child’s personal information or we may refer you to the controller of your and your child’s personal information who is able to make the correction.
Request Deletion of your and your child’s personal information, subject to certain exceptions prescribed by law.
Request restriction of or object to processing of your and your child’s personal information, including the right to opt in or opt out of the sale of your and your child’s Personal Data to third parties, if applicable, where such requests are permitted by law.

If you would like to exercise any of these rights, please log into your account or contact us as set forth below. We will process such requests in accordance with applicable laws. To protect your privacy, we will take steps to verify your identity before fulfilling your request.

Email and Text Message Communications: If you receive an unwanted email or text messages from us, you can use the unsubscribe link found at the bottom of the email or respond “STOP” to the text message to opt out of receiving future emails or text messages. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding us and Lava, and you will not be able to opt out of those communications (e.g., communications regarding Lava or updates to our Terms or this Privacy Policy).

We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists as required by applicable law.

Mobile Devices: We may send you push notifications through our mobile application. You may at any time opt- out from receiving these types of communications by changing the settings on your mobile device. We may also collect location-based information if you use our mobile applications. You may opt-out of this collection by changing the settings on your mobile device.

“Do Not Track”: Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

Cookies and Interest-Based Advertising: You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, http://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and www.aboutads.info/choices/. To separately make choices for mobile apps on a mobile device, you can download DAA’s AppChoices application from your device’s app store. Alternatively, for some devices you may use your device’s platform controls in your settings to exercise choice.

Please note you must separately opt out in each browser and on each device. Advertisements on third party websites that contain the AdChoices link may have been directed to you based on information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt out of the advertising partners’ use of this information for interest-based advertising purposes.

Children’s Information

Lava is intended for children aged 2 to 10 year old. When you create an account and your child accesses our Services we will: (1) not provide a path for them to share personal information, (2) collect certain information for limited purposes only; and/or (3) obtain parental consent from you for the use of your children's personal information, all according to applicable law. When we say children, we mean under the age of 13 in the United States, or the minimum age in the child's territory. Through our mobile application, your child will be able to receive in-app notifications, which do not rely on any personal information.

If you are a parent and wish to revoke your previously provided consent, review information collected from your child or have that information deleted, please contact us as set forth below. If we become aware that a child has provided us with personal information, we will delete any personal information we have collected, unless we have a legal obligation to keep it, and terminate the child's account.

Information collected is secured in a manner consistent with this Policy. If we make material changes to how we use, collect, or share your child's personal information, we will notify parents by email to obtain their consent for the new uses of your child's personal information.

Additional Information

Data Retention: We store the personal information we receive as described in this Privacy Policy for as long as you use Lava or as necessary to fulfill the purpose(s) for which it was collected, provide Lava, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

Security of Your Information: We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unintentional disclosure.

By using Lava or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of Lava. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on Lava, by mail or by sending an e-mail to you.

YouTube

Lava uses the YouTube API. By using Lava you agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms) and by the Google Privacy Policy (http://www.google.com/policies/privacy)

Contacting Us

If you have any questions about our Privacy Policy, please e-mail support@explanation.com.