Privacy Policy

Effective Date: January 30, 2025

Introduction

At Solis Creative LLC, we value your privacy and are committed to protecting your personal information. This Privacy Policy explains how we collect, use, and safeguard your information when you visit our website (www.playfactile.com), or interact with our services (for example, create games, play games, or subscribe to optional features). Website visits and interaction with our services are collectively referred to in this document as “Application Services”. This Privacy Policy applies globally, subject to compliance with local laws.

For questions, contact us at [email protected].

1. Summary of Our Approach

• Minimal Data Collection: We collect only the data necessary to provide our Application Services.
• User Control: We empower users to access, modify, and delete their information.
• Transparency: We are clear about how we collect, use, and share data.

2. Information We Collect

We collect information to provide and improve our Application Services. This includes:

Personal Information You Provide

• Account Information: Email address, password, and payment information (processed securely by third-party providers). Account information is encrypted.
• Communication Information: Information you provide when contacting us, such as your name and email address.

Automatically Collected Information

• Device Information: IP address, browser type, and operating system for Service performance and user support.
• Usage Analytics: Features used, games played, information for providing support.

Cookies

We use cookies and similar technologies to enhance user experience, analyze usage, and improve functionality. Users can manage their cookie preferences via browser settings. We use cookies specifically for the following purposes:

1. Essential Cookies:
   • These cookies are necessary for the Application Service to function and include features like secure logins and navigation.
2. Performance and Analytics Cookies:
   • To analyze how users interact with our Application Service and improve its performance.
   • Services used: Google Tag Manager, Google Analytics, Bing Analytics, TrackJs error logging, Cloudflare Browser Insights.
3. Functionality Cookies:
   • To enhance user experience by remembering preferences or facilitating certain functionalities.
   • Services used: Strapi (for blog management).
4. Advertising Cookies:
   • To measure the effectiveness of our ads and analyze conversions.
   • Services used: Bing Ads, Google Ads, Google DoubleClick.
5. Third-Party Cookies:
   • Set by integrated third-party services to support features like payment processing and security enhancements.
   • Services used: Stripe (for secure payments), Cloudflare (for secure infrastructure).

3. Compliance with Education Laws

FERPA Compliance

We comply with the Family Educational Rights and Privacy Act (FERPA) for U.S.-based schools. Schools, districts, or parents retain ownership and control of all student data.

COPPA Compliance

Our Application Services comply with the Children's Online Privacy Protection Act (COPPA). We do not specifically market to children under 13 in the US or under 16 outside the US.

4. How We Use Your Information

To Provide and Operate the Application Services

• Create and manage user accounts. For example, enabling users to log in securely.
• Deliver the Application Service to you. For example, generating games, managing the game, playing the game, and integrating with enterprise systems such as Learning Management Systems (LMS).
• Process payments for optional subscriptions and paid services.

To Personalize the User Experience

• Remember user settings and preferences for a seamless experience.

To Communicate with Users

• Send service-related communications, such as email confirmation when signing up, password-reset, subscription renewal notices and receipts, and support messages.
• Respond to user inquiries and provide technical or customer support.
• Provide marketing communications if users have opted in, with the option to opt out at any time.

To Improve and Develop Our Services

• Analyze usage data to enhance Application Service functionality, reliability, and performance.
• Optimize the Service and system improvement.

To Ensure Safety and Compliance

• Detect, investigate, and prevent fraud, abuse, security incidents, and other harmful activities.
• Comply with legal obligations, enforce our terms of service, and resolve disputes.

5. Data Sharing and Third-Party Services

Integration with Third-Party Applications

Our Application Services may integrate with third-party applications, Learning Management Systems (LMS), and other enterprise tools to enhance functionality. Only the minimum necessary information is shared, and such sharing is governed by applicable privacy laws and agreements.

Third-Party Websites

Our Application Services may include links to third-party websites. We encourage users to review the privacy policies of these platforms, as we are not responsible for their practices.

Third-Party Service Providers

We partner with vetted third-party providers to provide analytics, enhance Application Service delivery, provide features, and to process payments for optional paid features. We use third-party services for payment processing (e.g., payment processors) for optional paid features. We do not store or collect your payment card details. That information is securely provided directly to our third-party payment processor whose use of your personal information is governed by their privacy policy. The payment processor adheres to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of payment information. The payment processor we work with is: Stripe. Stripe’s Privacy Policy can be viewed at https://stripe.com/us/privacy.

No Sale of Personal Data

We do not sell or rent your personal information to third parties for marketing or any other purposes.

Legal Compliance

We may disclose user information to comply with legal obligations, respond to lawful requests, or comply with court orders.

6. Data Ownership and Parental Rights

• Users own their data. Games created with some account types are shared publicly for others to use. Optional features are available to not share games publicly. Check playfactile.com/plans for details.
• Schools or districts own student data.
• Parents and guardians have the right regarding their child’s data to:
  • Access and review their child’s data.
  • Request corrections or deletions through the school or district, or directly with us by emailing [email protected].
  • Opt-out of optional features.

7. Data Retention

We retain data only as necessary to provide our Application Services, comply with legal obligations, and improve educational outcomes. Users can delete accounts and associated data via self-service features or by contacting us at [email protected]. Users can download their game data in CSV format via self-service features.

8. Data Security

We implement industry-standard security measures, including:

• SSL encryption for data transmission and data storage.
• Firewalls and regular malware and vulnerability scanning.
• Incident response plans for breaches.
• Restricted access controls for sensitive data.
• Other security infrastructure and applications.

9. Use of Artificial Intelligence (AI)

AI Tools and Features

• The Application Service’s AutoGen AI feature uses third-party AI platforms, specifically OpenAI, to generate content based on user-defined inputs.

Data Collection, Processing, and Security

• Data Collected: Topic, subtopic, difficulty, question preferences, and content from any uploaded documents. Data is not retained upon exiting the AutoGen AI feature.
• Security: Data processed through the AutoGen AI feature is encrypted during transmission and temporary storage.

User Control

• The AutoGen AI feature is optional. Users can choose not to use it.

10. Cross-Border Transfer

All Application Service data is processed and stored in the United States. If you are located outside the United States and choose to use the Application Service, please note that we securely transfer the data, including Personal Data, to the United States and process and store it there in accordance with this Privacy Policy.

11. Updates to This Policy

We update this policy periodically. Previous versions of the policy are accessible upon request.

Contact Information

For questions or concerns regarding this Privacy Policy, please contact us at [email protected].