Texas Data Privacy and Security Act (TDPSA) Compliance

Overview

The Texas Data Privacy and Security Act (TDPSA), effective July 1, 2024, provides Texas residents with comprehensive privacy rights regarding their personal data. Kids on the Yard is committed to protecting the privacy of Texas residents and complying with all TDPSA requirements.

What is the TDPSA?

The Texas Data Privacy and Security Act is a comprehensive privacy law that grants Texas consumers fundamental rights regarding their personal data and requires businesses to implement responsible data protection practices. The law applies to businesses that conduct business in Texas or produce products or services targeted to Texas residents and meet specific data processing thresholds.

Your Rights Under the TDPSA

As a Texas resident, you have the following rights under the TDPSA:

Right to Confirm and Access

You have the right to confirm whether we are processing your personal data and to access such personal data. This includes the right to obtain:

• Categories of personal data we collect about you
• Purposes for which personal data is processed
• Categories of sources from which personal data is collected
• Categories of third parties with whom we share personal data
• Specific pieces of personal data we have collected about you

Right to Correct

You have the right to correct inaccuracies in your personal data, taking into account the nature of the personal data and the purposes for processing such data.

Right to Delete

You have the right to delete personal data concerning you, subject to certain exceptions including:

• Completing the transaction for which personal data was collected
• Detecting security incidents and protecting against fraudulent or illegal activity
• Complying with legal obligations
• Exercising free speech rights or ensuring others can exercise free speech rights
• Engaging in public or peer-reviewed scientific research in the public interest

Right to Data Portability

You have the right to obtain your personal data in a portable and readily usable format that allows you to transmit the data to another business without hindrance from us.

Right to Opt-Out

You have the right to opt out of:

• Processing of personal data for purposes of targeted advertising
• Sale of personal data to third parties
• Profiling in furtherance of decisions that produce legal or similarly significant effects

How We Comply with TDPSA

Responsible Data Handling

Kids on the Yard complies with TDPSA through:

Data Minimization and Purpose Limitation

• Limited Collection: We collect only personal data that is adequate, relevant, and reasonably necessary for disclosed purposes
• Purpose Specification: We process personal data only for disclosed, specific, and legitimate purposes
• Retention Limits: We retain personal data no longer than reasonably necessary for stated purposes
• Storage Security: We implement appropriate security measures for data storage and processing

Transparency and Accountability

• Clear Notice: We provide accessible privacy notices about our data collection practices
• Processing Records: We maintain records of processing activities and purposes
• Impact Assessments: We conduct data protection impact assessments for high-risk processing activities
• Regular Audits: We perform periodic reviews of our privacy practices and procedures

Consumer Rights Implementation

We have established comprehensive processes to:

• Identity Verification: Authenticate requests to prevent unauthorized access to personal data
• Timely Response: Process verified consumer requests within 45 days of receipt
• Accessible Formats: Provide requested information in clear, understandable formats
• No Retaliation: Ensure no adverse treatment for exercising privacy rights
• Appeals Process: Provide internal mechanisms for challenging our responses

Categories of Personal Data We Process

Under the TDPSA, we collect and process the following categories of personal data from Texas residents:

Contact and Identity Information

• Full name, email addresses, phone numbers, mailing addresses
• Account credentials and authentication information
• Government-issued identification (when legally required)
• Emergency contact information and relationships

Educational and Academic Data

• Student records, academic performance, and progress tracking
• Learning assessments, test scores, and educational goals
• Tutoring session recordings, notes, and recommendations
• Parent/guardian communications about student progress and needs

Financial and Transaction Information

• Payment card information and billing addresses
• Transaction histories, subscription details, and payment records
• Refund and billing dispute information
• Financial assistance, scholarship, and discount information

Technical and Behavioral Data

• Device information, IP addresses, and browser characteristics
• Website usage patterns, navigation data, and service interaction logs
• Customer support communications, feedback, and survey responses
• Platform preferences, settings, and customization choices

Communication and Interaction Records

• Email correspondence and live chat conversations
• Phone call records and voicemail messages
• Text message communications and notifications
• Marketing communication preferences and consent records

Third-Party Data Sharing and Processing

We may share personal data with selected third parties for legitimate business purposes:

Service Providers and Processors

• Cloud hosting and data storage service providers
• Payment processing companies and financial institutions
• Customer support and communication platform providers
• Educational content, curriculum, and assessment providers

Business Partners and Integrations

• Technology integration and software platform partners
• Analytics and performance monitoring service providers
• Marketing partners and advertising platforms (with appropriate consent)
• Educational research and development organizations

Legal and Regulatory Compliance

• Law enforcement agencies (when legally required by valid legal process)
• Regulatory authorities and government agencies (as required by law)
• Legal counsel, professional advisors, and audit firms
• Court-ordered disclosures and litigation support services

We do not sell personal data to third parties for monetary consideration.

Sensitive Personal Data Processing

When we process sensitive personal data (including precise geolocation, biometric identifiers, health information, or data concerning children under 13), we:

• Obtain appropriate consent where required by law
• Implement enhanced security and privacy protections
• Limit processing to strictly necessary purposes
• Provide additional transparency about our processing activities
• Allow for enhanced control and choice over such processing

How to Exercise Your TDPSA Rights

Texas residents may exercise their privacy rights through multiple convenient channels:

Submit a Privacy Request

• Online Privacy Portal: Visit our Privacy Request Center
• Email: Send requests to [email protected] with "TDPSA Request" in the subject line
• Phone: Call our privacy hotline at International: +1 786-382-2000
• Mail: Send written requests to our business address listed below

Required Information for Processing

To verify your identity and process your request efficiently, please provide:

• Your full legal name and current contact information
• Email address associated with your Kids on the Yard account (if applicable)
• Proof of Texas residency (utility bill, driver's license, voter registration, etc.)
• Specific details about the nature and scope of your request
• Any additional information that may help us locate your personal data

Response Timeline and Process

• Initial Acknowledgment: We confirm receipt of requests within 10 business days
• Verification Period: Identity verification may take 5-10 additional business days
• Response Period: We respond to verified requests within 45 days of receipt
• Complex Requests: May require up to 90 days with advance written notification
• No Charge Policy: We provide up to two responses per calendar year at no cost
• Excessive Requests: May incur reasonable administrative fees for repetitive or burdensome requests

Appeals Process and Dispute Resolution

If you are not satisfied with our response to your privacy request:

Internal Appeal Process

1. Submit Appeal: Email [email protected] with "TDPSA Appeal" in the subject line
2. Include Reference: Provide your original request reference number and detailed explanation
3. Review Period: We will review appeals and respond within 60 calendar days
4. Appeal Response: We will provide a written explanation of our decision and any actions taken

External Review Options

If you remain unsatisfied with our appeal response, you may:

• Contact the Texas Attorney General's Office Consumer Protection Division
• File a complaint with relevant state consumer protection agencies
• Consult with legal counsel regarding your privacy rights under Texas law
• Explore other legal remedies available under applicable law

Data Security and Protection Measures

We implement comprehensive security measures to protect Texas residents' personal data:

Technical Safeguards

• End-to-end encryption for data transmission and storage
• Multi-factor authentication and access control systems
• Regular security monitoring and threat detection systems
• Secure software development practices and regular security updates

Administrative Controls

• Comprehensive privacy and security training for all personnel
• Detailed data handling policies and procedures
• Incident response and breach notification procedures
• Regular privacy and security audits and assessments

Physical Security

• Controlled physical access to facilities and data centers
• Secure disposal procedures for physical media containing personal data
• Environmental controls and monitoring systems
• Visitor management and access logging systems

Contact Information

For questions about our TDPSA compliance or to exercise your privacy rights:

Privacy Team Kids on the Yard Limitless Virtue LLC 9701 NE 2nd Ave, Suite #1069 Miami Shores, Florida 33138 U.S.A Email: [email protected] Phone: International: +1 786-382-2000

Texas Residents Privacy Hotline: Available Monday-Friday, 9 AM - 5 PM CST

Last Updated: January 1, 2025

For more information about the Texas Data Privacy and Security Act, visit: https://www.texasattorneygeneral.gov/consumer-protection/privacy