Personality - Credit card

Learnexus Privacy Policy and Cookies Statement

Last Updated: October 19, 2021

Learnexus (“We” or “Company”) are committed to protecting and respecting your privacy.

This privacy statement (together with our terms and conditions and any other policies referred to in it) explains what information we gather about you when you visit the website https://learnexus.com (our “Website”), what and how we use that information, the legal basis for the way in which that information is used and who we give that information to. It also sets out your rights and our obligations in relation to your information and who you can contact for more information or queries.

Who does this apply to and who does it cover?

This privacy statement sets out how we will collect, handle, store and protect information about you when providing services to you or our clients or performing any other activities that form part of the operation of our business, Learnexus.

This privacy statement also contains information about when we share your personal information with other members of our group and other third parties (for example, third parties carrying out due diligence activities on our behalf).

In this privacy statement, your information is sometimes called “personal data” or “personal information”. We may also sometimes collectively refer to handling, collecting, protecting and storing your personal information as “processing” such personal information.

This policy applies to information we collect:

·      On this Website.

·      In email, text, and other electronic messages between you and this Website.

·      Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.

·      When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

·      Any other sources.

It does not apply to information collected by:

·      Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or

·      Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to our privacy statement). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

How does this pertain to children?

We understand the importance of protecting children’s privacy. Our website is not designed for, or intentionally targeted at children under 18. It is not our policy to intentionally collect or store information about children.

No one under age 18 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at our website.

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your California privacy rights for more information.

Information we collect

We may collect and process personal data about you because you give it to us, because other people give that data to us (for example, third party service providers that we use to help operate our business) or because it is publicly available.

The personal data that we collect or obtain may include: your name; age; date of birth; gender; gender identity; e-mail address; home address; country of residence; lifestyle and social circumstances (for example, your pastimes); employment and education details (for example, the organization you work for, your job title and your education details); your IP address; your browser type and language; your access times; complaint details; details of how you use our products and services; details of how you like to interact with us and other similar information.

You provide information to us by filling in forms on our website. This information may include information provided at the time of registering, subscribing to any of our services, posting material, sending messages and posting in the Platform, making or receiving payments through your Learnexus User Account or requesting further services.

Details of transactions you carry out via our website.

We may ask you for information when you report an issue or concern, or we have or receive a complaint or query about you (whether or not a formal Dispute is raised). Such information includes:

(1) information you provide to us by filling in forms on our website. This information may include information provided at the time of registering, subscribing to any of our services, posting material, sending messages and posting on the Platform, giving reviews, making or receiving payments through your Learnexus User Account or requesting further services;

(2) details of transactions and projects you carry out via our Website;

(3) information we ask for when you report an issue or concern, or we have or receive a complaint or query about you (whether or not a formal dispute is raised);

(4) a record of correspondence between you and us;

(5) information gathered when we ask you to complete wholly voluntary surveys that we use for research purposes;

(6) details of the messages you send and receive using the Platform including without limitation when you sent or received a message and the contents of that message. Messages are not private and are not confidential.

We may collect and process personal data about you from other sources as follows:

(1) as you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

·              Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website,

·              Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Please see our Website for information on how you can opt-out of behavioral tracking on this website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The information we collect automatically includes personal information and we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver better and more personalized service, including by enabling us to:

·              Estimate our audience size and usage patterns,

·              Store information about your preferences, allowing us to customize our Website according to your individual interests,

·              Speed up your searches,

·              Recognize you when you return to our Website;

(2) we sometimes supplement the information that you provide with information received from third parties. For instance, credit reference agencies, search information providers, PayPal, other companies (subject to their privacy policies and applicable law), and from other accounts we have reason to believe you control (whether in part or in whole);

(3) where we are provided with personal data about you by any third party such as a service provider, we take steps to ensure that that third party has complied with the privacy laws and regulations relevant to that information; this process may include, establishing that the third party has provided you with notice of the collection of information (and other matters) and has obtained any consent necessary (if applicable) for us to process that information as described in this privacy statement. Learnexus may use your personal data to gather feedback regarding your experience you may have with our platform. This helps our business grow by assembling useful information from our end-user;

(4) the technologies we use for this automatic data collection may include:

·         Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website,

·              Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices about how we use and disclose your information,

·              Web Beacons. Pages of our Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity),

·         Google Analytics. Our website uses a tool called Google Analytics, which collects user information regarding the activities that users engage in while on the website. Google Analytics collects information such as how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to this site. We use the information we get from Google Analytics to improve this site and our outreach efforts. Google Analytics collects only the IP address assigned to you on the date you visit this site, rather than your name or other identifying information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser,

·              Google Ads & Remarketing. We use a tool called “Google Ads” to collect information about the use of this site and use this information to serve you more relevant advertisements (“Retargeting”). Google and other third parties may show these advertisements on other websites that you visit or services you use. These ads shown on other web sites are based on your past visits to this site by using cookies. You may opt-out of Google’s use of cookies by visiting Google’s Ads Settings page,

·              Facebook Tracking Pixel. We may use the “conversion tracking pixel” provided by Facebook to record the efficacy of Facebook’s advertisements and for additional market research purposes. This tool allows us to gather information about your activity after you are redirected to the website after clicking on an advertisement on Facebook. Facebook or its partners may use a cookie to facilitate the display of advertisements. Facebook may save and process this data and connect it to your account in accordance with Facebook’s Data Policy, and

·              Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the website, such as the links you click on. The code is temporarily downloaded onto your device from our web server or a third-party service provider, is active only while you are connected to our site and is deactivated or deleted thereafter.

We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources, or you provide to us.

Third-party use of cookies and other tracking technologies

Some content or applications, including advertisements, on the Website are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt-out of receiving targeted advertising from many providers, see “Choices about how we use and disclose your information”.

Freelancer data

We collect personal data about our prospective, current and former freelancers (including contingent workers, providers and interns) as follows: basic identification information, such as your name, title, position, professional history, experience, and contract details.

For current employees, we usually collect in addition to the above:

(1) detailed identification information including passport numbers, right to work documentation, private email and/or postal address and country of residence;

(2) electronic identification data (e.g. email address, login information, badge number, online identifiers/cookies, log files, connection time);

(3) education and employment information (e.g. remuneration, bonuses, insurance and other benefits information, employment dates, position information such as title, attendance information including, where relevant, illness or leaves of absence for medical or other reasons, language skills and education details, pensions information including entitlements and recruitment information including job applications, CVs, job history and references);

(4) financial information (e.g. bank account details, and tax-related information);

(5) national registry number, social security number or local equivalent;

(6) in some cases, the personal data we collect may also include so called ‘sensitive’ or ‘special categories’ of personal data, such as details about your: dietary requirements, health (for example, so that we can make reasonable accommodations for you in our buildings, products and services) and sexual orientation (for example if you provide us with details of your spouse or partner); and

(7) the types of personal data and special categories of personal data that we collect may vary depending on the nature of the services that we provide to you. In some rare circumstances, we might also gather other special categories of personal data about you because you volunteer that data to us, or we are required to gather that data as a result of legal requirements imposed on us.

Use of personal data

We will use your personal data to fulfill your requests and we will ask only for data that is adequate, relevant and not excessive for those purposes. Where we send you information for any purpose, it may be sent by e-mail or post. When we ask you for personal data it may be used for the following purposes:

(1) we may contact you occasionally to inform you of new products and services we will be providing;

(2) we may send you regular updates on issues we think will be of interest to you;

(3) we may send you requested information on our products and services;

(4) we may use your personal data for marketing purposes and market research;

(5) we may use your personal data internally to provide you with the services offered by us via this website, to administer this website and to help us improve our services;

(6) we may use your personal data for managing and making information available to third party service providers (e.g. providers of due diligence services or in order to support our information technology) and our affiliates;

(7) we may use your personal data to allow you to participate in interactive features of our service when you choose to do so;

(8) we may use your personal data to notify you about changes to our services, terms and conditions, policies or website;

(9) w may use your personal data to manage risk, or to investigate, detect, prevent, and/or remediate fraud, suspected fraud or other potentially illegal or prohibited activities;

(10) we may use your personal data pursuant to applicable legal or regulatory requirements or to respond to requests and communications from competent authorities (including courts and tribunals);

(11) we may use your personal data for the services we receive from our professional advisors, such as lawyers, accountants, and consultants; and

(12) we may use your personal data for protecting our rights, those of our clients, or protecting those of our affiliates.

None of the information that we request from you is mandatory. However, where such information is not provided to us, Learnexus may be unable to identify, protect, or return your money or assets.

Legal grounds we use for processing data

We are not allowed to process personal information if we do not have a valid legal ground for doing so. Therefore, we will only process your personal information for the purposes outlined above because:

(1) of our legitimate interests in the performance of activities that form part of the operation of our business;

(2) of our legitimate interests in the effective and lawful operation of our business so long as such interests are not outweighed by your interests or fundamental rights and freedoms;

(3) of the legal and regulatory obligations that we are subject to, such as keeping records for tax purposes or providing information to a public body or law enforcement agency; or

(4) the information is required in order to carry out the activities that form part of the operation of our business (e.g. the processing is necessary to perform our contractual obligations towards you).

Examples of the ‘legitimate interests’ referred to above are:

(1) to benefit from cost-effective services (e.g. we may opt to use certain IT platforms offered by suppliers);

(2) to verify the accuracy of information provided by a third party;

(3) to prevent fraud or criminal activity;

(4) to safeguard the security of our IT systems, architecture and networks, and of our physical premises; and

(5) our freedom to conduct a business and right to property.

To the extent that we process any sensitive personal data relating to you for any of the purposes outlined above, we will do so because either: (i) we are required by law to process that data in order to ensure we meet our ‘know your client’ and ‘anti money laundering’ obligations (or other legal obligations imposed on us); (ii) the processing is necessary to carry out our obligations under employment, social security or social protection law; (iii) the processing is necessary for the establishment, exercise or defense of legal claims; or (iv) you have made the data manifestly public.

Choices about how we use and disclose your information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

·              Cookies & Other Tracking Technologies. You may be able to set your browser to reject cookies and certain other technologies by adjusting the appropriate settings in your browser. Each browser is different, but many common browsers have preferences that may be adjusted to allow you to either accept or reject cookies and certain other technologies before they are set or installed or allow you to remove or reject the use or installation of certain technologies altogether. We recommend that you refer to the Help menu in your browser to learn how to modify your browser settings. Please note that you cannot remove Flash cookies simply by changing your browser settings. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of the Services may become inaccessible or may not function properly;

·              Promotional Communications from the Company. If you do not wish to have your contact information used by the Company to promote our own or third-party products or services, you can opt-out by (i) informing us of your preference at the time you register for an account, complete an order form, sign up for our newsletter, or complete any other form on or through the Services which we collect your data; (ii) modifying your user preferences in your account profile by checking or unchecking the relevant boxes; (iii) following the opt-out instructions in the promotional emails we send you; or (iv) sending us an email stating your request. Please note that if you opt-out of receiving promotional communications from us, we may still send you transactional communications, including emails about your account or purchases;

·              Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by (i) informing us of your preference at the time you register for an account, complete an order form, sign up for our newsletter, or complete any other form on or through the Services which we collect your data, (ii) modifying your user preferences in your account profile by checking or unchecking the relevant boxes, (iii) following the opt-out instructions in the promotional emails we send you, or (iv) sending us an email stating your request;

·              Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by modifying your user preferences in your account profile by checking or unchecking the relevant boxes or sending us an email stating your request. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. Many advertising companies that collect information for interest-based advertising are members of the Digital Advertising Alliance or the Network Advertising Initiative, both of which maintain websites where people can opt-out of interest-based advertising from their members. To opt-out on these pages, visit www.AboutAds.info and www.networkadvertising.org ;

·              Location Information. You may be able to adjust the settings of your device so that information about your physical location is not sent to us or third parties by (a) disabling location services within the device settings, or (b) denying certain websites or mobile applications permission to access location information by changing the relevant preferences and permissions in your mobile device or browser settings. Please note that your location may be derived from your WiFi, Bluetooth, and other device settings. If you have questions about how to disable your device’s location services, we recommend you contact your mobile service carrier or your device manufacturer; and

·              Voice Transmissions. You may be able to adjust the settings of your device so that your voice transmissions cannot be sent to us or third parties by (a) disabling microphone and speech recognition services within the device settings, or (b) denying certain websites or mobile applications permission to access microphone and speech recognition services by changing the relevant preferences and permissions in your mobile device or browser settings.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt-out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

California residents may have additional personal information rights and choices. Please see Your California privacy rights for more information.

Unsubscribe

We may, from time to time, e-mail or post you information to make you aware of our other similar products and services which may be of interest to you. If you do not wish to receive emails or post from us for these purposes, or if you want to be removed from our electronic mailing list you can either select “unsubscribe” from any of the marketing emails that we send or alternatively contact us.

Anonymous data collected through this website

In addition to the information, we collect as described above, we use technology to collect anonymous information about the use of our website. For example, our web server automatically logs which pages of our website our visitors view, their IP addresses and which web browsers our visitors use. This technology does not identify you personally, it simply enables us to compile statistics about our visitors and their use of our website.

Our website contains hyperlinks to other pages on our website. We may use technology to track how often these links are used and which pages on our website our visitors choose to view. Again, this technology does not identify you personally – it simply enables us to compile statistics about the use of these hyperlinks.

Links to other websites

This website may contain hyperlinks to websites that are not operated by us. These hyperlinks are provided for your reference and convenience only and do not imply any endorsement of the activities of these third-party websites or any association with their operators. We do not control these websites and are not responsible for their data or privacy practices. We urge you to review any privacy policy posted on any site you visit before using the site or providing any personal data about yourself.

Cookies

In order to collect the anonymous data described in the preceding paragraph, we may use temporary “cookies” and similar technologies (e.g. web beacons, pixels, ad tags and device identifiers) to recognize you and/or your device(s) that remain in the cookies file of your browser until the browser is closed. For example, we use Google Analytics to help us take and analyze visitor information such as browser usage and new visitor numbers. We use the information to compile reports and to help us improve the website. The cookies collect information in an anonymous form, including the number of visitors to the website and blog, where visitors have come to the website from and the pages they visited. Please note that the names of cookies, pixels and other technologies may change over time.

Cookies by themselves cannot be used to discover the identity of the user. A cookie is a small piece of information which is sent to your browser and stored on your computer’s hard drive. Cookies do not damage your computer. You can set your browser to notify you when you receive a cookie. This enables you to decide if you want to accept it or not. We also use your IP address to help diagnose problems with our server and to administer our website. An IP address is a numeric code that identifies your computer on a network, or in this case, the internet. Your IP address is also used to gather broad demographic information. Cookies are useful because they allow a website to recognize a user’s device, preferences and generally help to improve your online experience. You can find more information about cookies at: www.allaboutcookies.org.

By using our website, you agree that we can place cookies on your device. If you want to restrict or block any cookies, you should do this through the web browser settings for each browser you use and on each device, you use to access the internet. Please be aware that some areas of our website may not function if your web browser does not accept cookies. However, you can allow cookies from specific websites by making them “trusted websites” in your web browser. The “Help” function within your web browser should tell you how to make these changes. Alternatively, you can visit https://proprivacy.com/ruinmysearchhistory/how-to-block-cookies for more information on how to ban cookies.

Find out how to manage cookies on popular browsers:

Google Chrome

Microsoft Edge

Mozilla Firefox

Microsoft Internet Explorer

Opera

Apple Safari

To find information related to other browsers, please visit the browser developer’s website.

Social Media

Our website may also contain plugins and other features that integrate third party social media platforms into our website so that we can improve our offer and make it more interesting for you as a user. You will be able to activate them manually. If you do so, the third-party companies who operate these platforms may be able to identify you, they may be able to determine how you use this website and they may link and store this information with your social media profile. Please consult the data protection policies of these social media platforms to understand what they will be doing with your personal data. If you activate these plugins and other features, you will be doing so at your own risk as we do not have any influence on the data collected and data processing operation, nor are we aware of the full extent of data collection, the purposes and the storage periods.

Disclosure of your personal data

In connection with one or more of the purposes outlined in the “Use of personal data” section above, we may disclose details about you to: our affiliates; third parties that provide services to us and/or our affiliates, such as our lawyers; competent authorities (including courts and supervisory or other authorities); your advisers or where applicable, your employer; credit reference agencies or other organizations that help us make decisions and reduce the incidence of fraud; and other third parties that reasonably require access to personal data relating to you for one or more of the purposes outlined in the “Use of personal data” section above.

Where you have chosen to connect your Learnexus account to your Facebook or LinkedIn account we may share, disclose, and transfer personal data to Facebook or LinkedIn, as applicable. This permission will be requested when you connect your accounts. If you have given this permission, you may then disable this function at any time by changing your Facebook, LinkedIn or Learnexus account settings (as applicable).

Where appropriate, before disclosing personal data to a third party, we contractually require the third party to take adequate precautions to protect that data and to comply with applicable law.

Where you have consented, we may also share your personal data with other companies within our group of companies who may contact you about their products or services that may interest you.

Please note that some of the recipients of your personal data referenced above may be based in countries outside of the United States whose laws may not provide the same level of data protection. In such cases, we will ensure that there are adequate safeguards in place to protect your personal data that comply with our legal obligations.

Protection of your personal data

All Learnexus personnel accessing personal information must comply with the internal rules and processes in relation to the processing of personal data to protect them and ensure the confidentiality of such information.

We have also implemented adequate technical and organizational measures to protect personal data against unauthorized, accidental, or unlawful destruction, loss, alteration, misuse, disclosure or access and against all other unlawful forms of processing. These security measures have been implemented taking into account the state of the art of the technology, their cost of implementation, the risks presented by the processing and the nature of the personal information, with particular care for sensitive information.

Although we use appropriate security measures once we have received your personal data, the transmission of data over the internet (including by e-mail) is never completely secure. We endeavor to protect personal data, but we cannot guarantee the security of data transmitted to us or by us.

Your rights and how long we keep your personal data for

We will hold your personal data on our systems for the longest of the following periods: (i) as long as is necessary for the relevant activity (which is typically 7 years); (ii) any retention period that is required by law or regulation; or (iii) the end of the period in which litigation or investigations might arise in respect of our activities.

You have various rights in relation to your personal data. In particular, you have a right to:

(1) request a copy of personal data we hold about you;

(2) ask that we update the personal data we hold about you, or correct such personal data that you think is incorrect or incomplete;

(3) ask that we delete personal data that we hold about you, or restrict the way in which we use such personal data;

(4) object to our processing of your personal data;

(5) ask that we restrict our processing of your personal data; and

(6) ask for the portability of personal data, that is, to receive the Personal Data you have provided to us in a structured, commonly used and machine-readable form and transmit it to another data controller.

To exercise any of your rights, or if you have any other questions about our use of your personal data, please contact us.

You have the right to complain if you are unhappy with the way we handled your personal information or any privacy query or request you have raised with us. You also have a right to complain to a data protection authority in the place where you live or work, or in the place where you think an issue in relation to your data has arisen.

Transfer of information to the United States

Our site is operated in the United States and intended for users located in the United States. If you are located outside of the United States, please be aware that information we collect, including Personal Information, will be transferred to, processed, stored, and used in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be shared with third parties for direct marketing purposes and may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using our site or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information, including Personal Information, in the United States as set forth in this Privacy Policy.

Your California privacy rights

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and third parties for marketing purposes and providing contact information for such affiliates and third parties. If you are a California resident and would like a copy of this notice, please email us at [email protected]. We will make every effort to promptly respond to your request.

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, please review our CCPA Privacy Notice for California Residents.

Changes to our privacy statement

We may modify or amend this privacy statement from time to time.

To let you know when we make changes to this privacy statement, we will amend the revision date at the beginning of this page. The new modified or amended privacy statement will apply from that revision date. Therefore, we encourage you to periodically review this statement to be informed about how we are protecting your information.

Contact:

If you have any questions, comments or requests regarding this privacy statement contact us. Our e-mail address is [email protected].

 

CCPA Privacy Notice for California Residents

Effective Date: October 20, 2021

Last Reviewed: October 20, 2021

This Privacy Notice for California Residents supplements the information contained in Learnexus’s Privacy Policy (see above) and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Notice.

Where noted in this Notice, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication (“B2B personal information”) from some of its requirements.

1. Information We Collect.

Our Website collects information that identifies, relates to, describes, references is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include:

· Publicly available information from government records.

· Deidentified or aggregated consumer information.

· Information excluded from the CCPA’s scope, like:

· health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;

· personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

In particular, our Website has collected the following categories of personal information from its consumers within the last twelve (12) months:

 

Category

Examples

Collected

A. Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.

YES

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

Some personal information included in this category may overlap with other categories.

YES

C. Protected classification characteristics under California or federal law.

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

 

YES

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

NO

E. Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

NO       

F. Internet or other similar network activity.

Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

YES

G. Geolocation data.

Physical location or movements.

YES

H. Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

NO

I. Professional or employment-related information.

Current or past job history or performance evaluations.

NO

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

 

 

NO

K. Inferences drawn from other personal information.

Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

NO

Our Website obtains the categories of personal information listed above from the following categories of sources:

· Directly from you. For example, from forms you complete or products and services you purchase.

· Indirectly from you. For example, from observing your actions on our Website.

2. Use of Personal Information.

We may use or disclose the personal information we collect for one or more of the following purposes:

·       To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns;

·       To provide, support, personalize, and develop our Website, products, and services;

·       To create, maintain, customize, and secure your account with us;

·       To process your requests, purchases, transactions, and payments and prevent transactional fraud;

·       To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses;

·       To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law);

·       To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business;

·       For testing, research, analysis, and product development, including to develop and improve our Website, products, and services;

·       To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;

·       As described to you when collecting your personal information or as otherwise set forth in the CCPA; and

·       To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

3. Sharing Personal Information.

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. The CCPA prohibits third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.

We share your personal information with the following categories of third parties: 

·       Service providers;

·       Marketing agencies; and

·       Data aggregators.

4. Disclosures of Personal Information for a Business Purpose.

In the preceding twelve (12) months, Company has not disclosed personal information for a business purpose.

5. Sales of Personal Information.

In the preceding twelve (12) months, Company had not sold personal information.

6. Your Rights and Choices.

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

6.1 Access to Specific Information and Data Portability Rights.

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

·       The categories of personal information we collected about you;

·       The categories of sources for the personal information we collected about you;

·       Our business or commercial purpose for collecting or selling that personal information;

·       The categories of third parties with whom we share that personal information;      

·       The specific pieces of personal information we collected about you (also called a data portability request); and

·       If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

· sales, identifying the personal information categories that each category of recipient purchased and

· disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

We do not provide these access and data portability rights for B2B personal information.

6.2 Deletion Request Rights.

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

a. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you;

b. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;

c. Debug products to identify and repair errors that impair existing intended functionality;

d. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;

e. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);

f. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.

g. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;

h. Comply with a legal obligation; and/or

i. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We do not provide these deletion rights for B2B personal information.

6.3 Exercising Access, Data Portability, and Deletion Rights.

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

· Emailing us at [email protected] , or

· Visiting https://learnexus.com.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include:

· Name, contact information, and information related to your transaction or relationship with the Company, but the specific information requested may differ depending on the circumstances of your request for your security and to protect privacy rights, and 

· Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password-protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use the personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

6.4 Response Timing and Format.

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

6.5 Personal Information Sales Opt-out and Opt-In Rights.

If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time. 

7. Non-Discrimination.

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

· Deny you goods or services;

· Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;

· Provide you a different level or quality of goods or services; and

· Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

8. Other California Privacy Rights.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected].

9. Changes to Our Privacy Notice.

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

10. Contact Information.

If you have any questions or comments about this notice, the ways in which Company collects and uses your information described here and in the Privacy Policy (see above), your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at

Website: https://learnexus.com.

Email: [email protected]

Phone: (888) 450-2940.