Privacy policy - The Benelux Big Challenge

Last Updated: 25 April 2019

This Privacy Policy is part of the Terms and Conditions of Use of The Big Challenge.

Your privacy is important to The Big Challenge. This Privacy Policy covers how The Big Challenge collects, uses, discloses, transfers and stores information that it receives when you use the Site. Please take a moment to read this Privacy Policy and let us know if you have any questions. This Privacy Policy applies only to the Site, defined as including the services it offers as well as the associated mobile applications. It does not apply to any third-party websites, services or applications, even if they are accessible through the Site.

The Big Challenge’s primary goal in collecting information is to provide and improve the services offered on the Site, to administer your use of the Site and its services (including your account, if you are an account holder) and to enable you to enjoy and easily navigate through the Site

1. Who is the Controller and who is the DPO (« Data protection officer »)?

The DPO is responsible for overseeing questions in relation to this privacy policy. It is Daphné Riefenstahl. For any information regarding the PII (« Personally identifiable information ») collected, you may contact her at : daphne.riefenstahl@thebigchallenge.com or privacy@thebigchallenge.com.

The Controller is the company Motivation Learning Company, known under the trading name « The Big Challenge », located 54 rue de Clichy, 75009 Paris – France.

2. What type of PII does The Big Challenge collect?

The Big Challenge collects the following categories of information:

2.1 PII voluntarily provided by you

Registration information you provide (as a student) when you create an account in the « Game Zone » to save your score, see your progress and check your ranking, including your first name, your encrypted password, your email address, your date of birth, the name of your school and its location (city and country), your class level as well as your photo if you want to personalise your profile.

Registration information you provide (as a teacher) when you create an account to manage the registration of your students in the Big Challenge contest, access competition statistics as well as your students’ results, including your first name, your last name, your email address, your encrypted password as well as the name and location of the school where you teach.

Information you provide in public forums (such as « Photographies », « Comments » or « Testimonials ») on our Site, including photographies and any other types of content containing personal information.

Information you provide on third party social network. Any information that you share publicly on a third party social network or information that is part of your profile on a third party social network (such as Facebook) and that you allow the third party social network to share with The Big Challenge. We receive your third party social network profile information (or parts of it) when download or interact with one of The Big Challenge web applications on a third party social network such as Facebook; when you use a social networking feature that is integrated within The Big Challenge site; or when you interact with us through a third party social network. To learn more about how your information from a third party social network is obtained by The Big Challenge, or to opt-out of sharing such social network information, please visit the website of the relevant third party social network.

2.2 Cookies

To date, no cookies are collected by The Big Challenge.

If cookies were to be collected by The Big Challenge in the future, you would be informed by a cookie consent banner.

Cookies requesting your consent would be aimed at identifying that you’ve logged in to the Site. When you login to the Site, certain information may automatically be collected, both to make the Site more interesting and useful to you and for various purposes related to The Big Challenge business. Examples include the type of computer operating system, your IP address or mobile device identifier, the web browser, the frequency with which you visit various parts of the Site, and information regarding the online or mobile service provider. This information is collected using technologies such as cookies, flash cookies, web beacons and other unique identifiers.

These cookies are principally used for internal purposes, in order to:

estimate the Site audience size and usage pattern,
store information about your preferences and allow The Big Challenge to customise its Site according to your individual interests,
speed up your searches,
recognise you when you return to the Site.

You can disable cookies in your browser’s preferences. If you disable cookies in your browser, you may still use the Site but certain services and/or features may not function properly.

2.3 Location information

In some cases, The Big Challenge may also collect and store information about where you are located, such as by converting your IP address into a rough geolocation.

3. How does The Big Challenge use your PII?

The Big Challenge collects your PII for the following purposes:

3.1 to enable the fulfillment of the contract to which you are a party, i.e. :

to provide you with the services The Big Challenge offers when using the Site, including allowing the creation of an account;
to receive information from The Big Challenge and to send you alerts by means of push notifications;
to verify your identity and assist you if you lose or forget your login details for any of The Big Challenge’s registration services;
to contact you when necessary and respond to your requests and enquiries, including via email;
to send you the prizes.

No consent is required for the processing of data for these purposes since such processing is necessary to provide the services requested and, therefore, for the performance of an agreement to which you are party (GDPR art. 6,1b). It is not mandatory for you to give The Big Challenge your PII for these purposes; however, if you do not, The Big Challenge will not be able to provide any services to you. Please note that, in any case, providing an email address is optional as a student and will only be used to resend you your password if you have lost it.

3.2 For marketing, promotional and publicity purposes, including to send you offers, promotions or other information about our goods and services (such as « newsletters »). We may also use photographies and other Content you publish in public forums to advertise about the Site and its services.

Processing of data for these purposes is based on your consent (GDPR art.6, 1a). It is never mandatory for you to give consent to The Big Challenge for the use of your PII for these purposes and you will suffer no consequence if you choose not to give it (aside from not receiving further marketing communications from The Big Challenge). Any consent given may also be withdrawn at a later stage and you can opt out anytime by unregistering at privacy@thebigchallenge.com.

3.3 To create your user profile on our Site, by collecting and analyzing information on the preferences you select and choices you make on the Site as well as on your general activities on the Site, through the use of profiling cookies (“Profiling”) and third-party sites and applications. This information will be used to personalize the services provided through the Site, where possible, to suit your preferences and choices.

Processing of data for this purpose is based on your consent, collected by means of the cookie pop-up banner and/or a specific tick box. It is never mandatory for you to give consent to The Big Challenge using your PII for this purpose, and you will suffer no consequence if you choose not to (aside from not being able to benefit from greater personalization of your user experience on the Site). Any consent given may also be withdrawn at a later stage, either by modifying your device settings or contacting The Big Challenge at the address mentioned below or at privacy@thebigchallenge.com.

3.4 For compliance with laws requiring The Big Challenge to collect and/or further process certain kinds of PII, including regulations on contests when users participate in our contests. When you provide any PII to The Big Challenge The Big Challenge must process it in accordance with the applicable laws, which may include retaining and reporting your PII to official authorities for compliance with tax, customs or other legal obligations.

No consent is required for the processing of data for this purpose since such processing is necessary to comply with a legal obligation (GDPR, art. 6, 1c).

3.5 To detect, investigate and prevent activities that may violate The Big Challenge’s policies or be illegal as well as any misuse of the Site or fraudulent activities carried out through the Site.

Processing for this purpose is necessary to pursue The Big Challenge’s legitimate interests in preventing and detecting fraudulent activities or misuse of the Site (for potentially criminal purposes) (GDPR, art. 6, 1f).

3.6 To analyse and improve our service provision, enhance the Site, evaluate the effectiveness of The Big Challenge’s marketing activities and services through auditing, data analysis and research; to send you communications about changes to the The Big Challenge’s terms, conditions and policies.

Processing for this purpose is necessary to pursue The Big Challenge’s legitimate interests in the development and administration of the Site and to improve the services provided on the Site (GDPR, art. 6, 1f).

4. Who are the recipients of the PII collected?

The recipients of the PII collected are the Controller (Motivation Learning Company, known as The Big Challenge) and the DPO.

The Big Challenge will not share your PII outside The Big Challenge company, excepted in limited circumstances including:

as a part of our services, when we send the physical listings containing the marks and the ranking of the students at the contest to our selected service providers, allowing them to prepare the packages containing the prizes and to dispatch them to the appropriate schools. These service providers have agreed to maintain the confidentiality, security and integrity of your PII and are, in any case, prohibited from using your PII for purposes other than those requested by us or required by law;

when you allow us to share your PII with other carefully selected companies who work with The Big Challenge, so that they can send you offers and promotions about their products and services;

when selected companies perform support services on our behalf, such as hosting the Site, designing and/or operating its features, helping us fulfill requests and perform various functions necessary to our mission, including usage analytics, data processing and account management. For example, our service providers may provide to us and analyze usage information so that we can identify which of our services are most popular and how they can be improved. These service providers have agreed to maintain the confidentiality, security and integrity of your PII and are, in any case, prohibited from using your PII for purposes other than those requested by us or required by law;

when required by law, legal processes, litigation and/or requested from public and governmental authorities within or outside your country of residence, your PII can be shared to public entities, bodies or authorities. The Big Challenge may also disclose information about you if it determines that for purposes of national security, law enforcement or other issues of public importance, disclosure is necessary or appropriate;

additionally, in the event of a reorganization, merger or sale, The Big Challenge may transfer any and all PII it collects to the relevant third parties.

5. Collection and Use of Non-PII

The Big Challenge also collects non-PII data in a form that does not permit direct identification of any specific individual.

The Big Challenge may aggregate certain information it holds with information about other individuals in a manner that does not disclose personal information specific to any individual.

For instance, The Big Challenge may remove characteristics that make the individual personally identifiable, thus de-personalizing the information.

In these cases, The Big Challenge shall be free to utilize the information in any way and, unless otherwise required by law, shall not be bound by the terms of this Privacy Policy.

If The Big Challenge does combine non-PII with PII, the combined information will be treated as PII for as long as it remains combined.

6. What is The Big Challenge privacy regarding the children?

The Big Challenge is dedicated to the privacy of children.

The Big Challenge offers a range of services and applications, most of which are targeted at children.

According to the new French Data Protection law of June 20, 2018, a « Child » is under the age of 15. Other countries may however provide for a different age and The Big Challenge undertakes to comply with local data privacy laws where necessary.

PII about a Child may be provided to The Big Challenge in two different ways: (i) by his/her teacher at school or (ii) by the Child himself usually at the initiative of his/her school’s teacher within a pedagogical project to prepare the Big Challenge contest.

In theses two cases, the school’s teacher is responsible for obtaining all consents (i.e from the Child jointly with his/her parent or the legal guardian necessary for The Big Challenge collection of PII from the Child. The Big Challenge assumes that such consent has been obtained by the school from the Child as well as from his/her parent or the legal guardian. Schools should always notify the Child jointly with his/her parent or the legal guardian about this Privacy Policy.

PII is never directly collected by The Big Challenge from the Child himself outside any school initiative. If it exceptionally had to be the case, The Big Challenge would not collect, use or share any of the Child’s PII without first obtaining parental consent, jointly with the Child’s consent where required by law.

The Big Challenge generally gives parents or the legal guardian access or the ability to request access to PII collected from their children and the ability to request that PII be changed or deleted.

7. International Users – Disclosure outside UE

If you’re located outside France and choose to provide your PII to The Big Challenge, it will be transferred to France and processed there.

In addition, The Big Challenge may transfer your PII to selected third parties which may be located outside of the EU (European Union) – such as the optical reading providers for instance – as part of the services offered to you through the Site.

In case of a transfer of your PII outside EU, The Big Challenge will request those third parties to implement adequate levels of protection in order to safeguard your PII. You may obtain a copy of the safeguards implemented to this end by contacting The Big Challenge by email at privacy@thebigchallenge.com or through postal mail at the address mentioned below at point 14.

In any case, these third parties will be obliged not to use your PII for any other purposes than those laid out in this Privacy Policy.

Wherever your PII is transferred, stored or processed by The Big Challenge, The Big Challenge will take reasonable steps to safeguard the privacy of your PII.

8. Protection of your PII

The Big Challenge takes precautions — including administrative, technical and physical measures — to safeguard your PII against loss, theft and misuse, as well as against unauthorized access, disclosure, alteration and destruction.

When you use the public forum or any chat system (such as « News », « Testimony » or « Comments »), the PII you share is visible to other users and can be read, collected or used by them. You are responsible for the PII you choose to submit in these instances. For example, if you list your name and email address in a forum posting, that information is public. Please take care when using these features.

Generally speaking, The Big Challenge strongly encourages children who use these interactive features on the Site, including applications, never to provide PII about themselves or about any third party. The Big Challenge also recommends that parents carefully supervise their children when the children participate in online activities.

9. How long is your PII stored for?

The Big Challenge will retain your PII for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law (e.g. in connection with pending litigation).

Regarding users holding a personal account (« Members »), the PII will be retained as long as the personal account is active. If the account becomes inactive during a period of two consecutive years, it will be closed and the related PII will be deleted.

Any other PII collected will be retained for the period during which you are using The Big Challenge’s Site and its services, and deleted at the latest two years after your last connection.

10. What are your rights and how to exercise them?

The Big Challenge provides you with the possibility to correct, update and delete your registration account.

You, or your parent or legal guardian in case you are a Child, may also:

request access to the PII The Big Challenge holds about you;
request The Big Challenge amend or delete the PII it holds about you;
restrict the processing concerning your PII or object to its processing;
request the transfer of your data;
lodge a complaint with a supervisory authority;
withdraw your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

To exercise your rights, please write to The Big Challenge by email at privacy@thebigchallenge.com or through postal mail at the address mentioned below at point 14.

Please be aware that if you do not allow The Big Challenge to collect PII from you The Big Challenge may not be able to deliver certain services to you and some of The Big Challenge services may not be able to take into account your interests and preferences.

11. The Big Challenge’s Commitment to Your Privacy

The Big Challenge takes reasonable measures to protect the PII that it collects from or about you from unauthorized access, use or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Therefore The Big Challenge cannot guarantee the absolute security of any information.

12. Changes to this Privacy Policy

The Big Challenge may update its Privacy Policy from time to time to accommodate new technologies, industry practices, regulatory requirements or for other purposes.

The Big Challenge will provide notice to you if these changes are material and, where required by applicable law, will obtain your consent (through your school’s teacher or your parent and/or legal guardian if you are a Child). Notice may be given to you by email using the last email address you provided to us, by posting notice of such changes on The Big Challenge’s Site and applications, or by other means consistent with applicable law.

Generally speaking, The Big Challenge encourages you to periodically review this Privacy Policy when visiting the Site to stay informed about how The Big Challenge is collecting, using and sharing PII.

13. Law and Jurisdiction

This Agreement is governed by and construed in accordance with French law. Any disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of France.

If this agreement had to be interpreted, only the French version shall prevail.

This policy will apply in all locations where The Big Challenge operates to all forms of information and to all systems used to collect, store, process or transfer information.

In countries where there are different privacy and data protection laws, The Big Challenge will comply with those laws where they meet internationally accepted privacy principles and fair information handling practices.

14. Contact The Big Challenge

To contact The Big Challenge, please write to: Motivation Learning Company – The Big Challenge, 54 rue de Clichy, 75009 Paris – France.

You can also contact The Big Challenge by email at privacy@thebigchallenge.com.