Effective Date: September 19, 2020 (v. 1.0)
* Account means a unique account created for you to access our Platform or services on our Platform.
* Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
* Application means the software program provided by MindEdge downloaded by you on any electronic device.
* Business, for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers’ personal information and determines the purposes and means of the processing of Consumers’ personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers’ personal information, that does business in the State of California.
* Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to MindEdge, Inc., 271 Waverley Oaks Road, Waltham, MA.
For the purpose of the GDPR, the Company is the Data Controller.
* Consumer, for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
* Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
* Country refers to: Massachusetts, United States
* Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
* Device means any device that can access the Platform such as a computer, a cellphone or a digital tablet.
* Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
* Facebook Fan Pages are public profiles named MindEdge and Skye Learning specifically created by the Company on the Facebook social network, accessible from https://www.facebook.com/MindEdgeOnline/ https://www.facebook.com/SkyeLearning/
* Personal Data is any information that relates to an identified or identifiable individual.
For the purposes for GDPR, Personal Data means any information relating to you such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with you.
* Sale, for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s Personal information to another business or a third party for monetary or other valuable consideration.
* Service refers to the Application or the Platform or both.
* Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.
* Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
* Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
* You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Under GDPR (General Data Protection Regulation), you can be referred to as the Data Subject or as the User as you are the individual using the Service.
3. Collecting and Using Your Personal Data
While using our Platform, we may ask you to provide Us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to:
* Email address
* First name and last name
* Phone number
* Address, State, Province, ZIP/Postal code, City
* Credit card or bank account information in order to pay for products and/or services
within the Service
* Usage Data
When you pay for a product and/or a service via bank transfer, we may ask You to provide information to facilitate this transaction and to verify your identity. Such information may include, without limitation:
* Date of birth
* Passport or National ID card
* Bank card statement
* Other information linking you to an address
Usage Data is collected automatically when using the Service.
Usage Data may include information such as your device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access the Platform by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
We may also collect information that your browser sends whenever you visit our Platform or when you access the Service or Platform by or through a mobile device.
Tracking Technologies and Cookies
You can instruct your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if you do not accept Cookies, you may not be able to use some parts of our Platform.
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when you go offline, while Session Cookies are deleted as soon as You close your web browser.
We use both session and persistent Cookies for the purposes set out below:
* Necessary / Essential Cookies
Type: Session Cookies
Administered by: MindEdge
Purpose: These Cookies are essential to provide you with services available through the Website and to enable you to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that you have asked for cannot be provided, and we only use these Cookies to provide You with those services.
* Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: MindEdge
* Functionality Cookies
Type: Persistent Cookies
Administered by: MindEdge
Purpose: These Cookies allow us to remember choices you make when you use the Platform, such as remembering your login details or language preference. The purpose of these Cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you use the Platform.
* Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how our users react to them.
4. Use of Your Personal Data
The Company may use Personal Data for the following purposes:
* To provide and maintain our Platform, including to monitor the usage of our Platform.
* To manage your Account: to manage your registration as a user of the Platform. The Personal Data you provide can give you access to different functionalities of the Platform that are available to you as a registered user.
* For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with us through the Platform.
* To contact you: To contact you by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
* To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.
* To manage your requests: To attend and manage your requests to Us.
We may share your personal information in the following situations:
* With Service Providers: We may share your personal information with Service Providers to monitor and analyze the use of our Platform, to advertise on third party websites to you after you visited our Platform, for payment processing, to contact you.
* For Business transfers: We may share or transfer your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
* With Business partners: We may share your information with our business partners to offer you certain products, services or promotions.
* With other users: when you share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If you interact with other users or register through a Third-Party Social Media Service, your contacts on the Third-Party Social Media Service may see your name, profile, pictures and description of your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you and view your profile.
5. Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
6. Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
7. Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose your Personal Data in the good faith belief that such action is necessary to:
* Comply with a legal obligation
* Protect and defend the rights or property of the Company
* Prevent or investigate possible wrongdoing in connection with the Platform
* Protect the personal safety of Users of the Platform or the public
* Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
8. Detailed Information on the Processing of Your Personal Data
Service Providers have access to Your Personal Data only to perform their tasks on Our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service providers to monitor and analyze the use of our Platform.
* Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: <https://policies.google.com/privacy>
We may provide paid products and/or services within the Platform. In that case, we may use third-party services for payment processing (e.g. payment processors).
When you use our Platform to pay a product and/or service via bank transfer, We may ask you to provide information to facilitate this transaction and to verify your identity.
* Google Ads (AdWords)
Google Ads (AdWords) remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout \- for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
9. ACE CREDIT® and Examity Integration Considerations
10. GDPR Privacy
Legal Basis for Processing Personal Data under GDPR
We may process Personal Data under the following conditions:
* Consent: You have given your consent for processing Personal Data for one or more specific purposes.
* Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof.
* Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
* Vital interests: Processing Personal Data is necessary in order to protect your vital interests or of another natural person.
* Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
* Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.
In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Your Rights under the GDPR
The Company undertakes to respect the confidentiality of your Personal Data and to guarantee you can exercise your rights.
* Request access to your Personal Data. The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you. This also enables you to receive a copy of the Personal Data we hold about you.
* Request correction of the Personal Data that we hold about you. You have the right to to have any incomplete or inaccurate information we hold about you corrected.
* Object to processing of your Personal Data. This right exists where we are relying on a legitimate interest as the legal basis for our processing and there is something about your particular situation, which makes you want to object to our processing of your Personal Data on this ground. You also have the right to object where we are processing your Personal Data for direct marketing purposes.
* Request erasure of Your Personal Data. You have the right to ask us to delete or remove Personal Data when there is no good reason for us to continue processing it.
* Request the transfer of your Personal Data. We will provide to you, or to a third-party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
* Withdraw your consent. You have the right to withdraw your consent on using your Personal Data. If You withdraw your consent, We may not be able to provide you with access to certain specific functionalities of the Platform.
Exercising of Your GDPR Data Protection Rights
You may exercise your rights of access, rectification, cancellation and opposition by contacting us. Please note that we may ask you to verify your identity before responding to such requests. If you make a request, we will try our best to respond to you as soon as possible.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, if you are in the European Economic Area (EEA), please contact your local data protection authority in the EEA.
You have the right to receive a copy of, review, and/or update your personal information and to correct any of your personal information in our records that is inaccurate, or to exercise any of the personal data rights.
If you would like to do so, contact us at firstname.lastname@example.org.
If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete, or deactivate it by emailing our Customer Support at email@example.com or by contacting us by telephone or postal mail at the contact information listed on our contact page.
11. Facebook Fan Pages
Data Controller for our Facebook Fan Pages
The Company is the Data Controller of your Personal Data collected while using the Platform. As operator of the Facebook Fan Pages https://www.facebook.com/MindEdgeOnline/ https://www.facebook.com/SkyeLearning/, the Company and the operator of the social network Facebook are Joint Controllers.
The Company has entered into agreements with Facebook that define the terms for use of the Facebook Fan Pages, among other things. These terms are mostly based on the Facebook Terms of Service: https://www.facebook.com/terms.php
We use the Facebook Insights function in connection with the operation of the Facebook Fan Pages and on the basis of the GDPR, in order to obtain anonymized statistical data about our users.
For this purpose, Facebook places a Cookie on the device of the user visiting our Facebook Fan Page. Each Cookie contains a unique identifier code and remains active for a period of two years, except when it is deleted before the end of this period.
Facebook receives, records and processes the information stored in the Cookie, especially when the user visits the Facebook services, services that are provided by other members of the Facebook Fan Page and services by other companies that use Facebook services.
12. CCPA Privacy
Your Rights under the CCPA
* The right to notice. You must be properly notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
* The right to access / the right to request. The CCPA permits you to request and obtain from the Company information regarding the disclosure of your Personal Data that has been collected in the past 12 months by the Company to a third-party for the third party’s direct marketing purposes.
* The right to say no to the sale of Personal Data. You also have the right to ask the Company not to sell your Personal Data to third parties. You can submit such a request by contacting us at firstname.lastname@example.org.
* The right to know about your Personal Data. You have the right to request and obtain from the Company information regarding the disclosure of the following:
* The categories of Personal Data collected
* The sources from which the Personal Data was collected
* The business or commercial purpose for collecting or selling the Personal Data
* Categories of third parties with whom we share Personal Data
* The specific pieces of Personal Data we collected about you
* The right to delete Personal Data. You also have the right to request the deletion of your Personal Data that have been collected in the past 12 months.
* The right not to be discriminated against. You have the right not to be discriminated against for exercising any of your Consumer’s rights, including by:
* Denying goods or services to you
* Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
* Providing a different level or quality of goods or services to you
* Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
Exercising Your CCPA Data Protection Rights
In order to exercise any of your rights under the CCPA, and if you are a California resident, you can email us at email@example.com.
The Company will disclose and deliver the required information free of charge within 45 days of receiving your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonable necessary and with prior notice.
Do Not Sell My Personal Information
We do not sell personal information. However, the Service Providers we partner with (for example, our advertising partners) may use technology on the Service that “sells” personal information as defined by the CCPA law.
If you wish to opt out of the use of your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below.
Please note that any opt out is specific to the browser you use. You may need to opt out on every browser that you use.
Your mobile device may give you the ability to opt out of the use of information about the apps you use in order to serve you ads that are targeted to your interests:
* “Opt out of Interest-Based Ads” or “Opt out of Ads Personalization” on Android devices
* “Limit Ad Tracking” on iOS devices
You can also stop the collection of location information from your mobile device by changing the preferences on your mobile device.
13. ”Do Not Track” Policy as Required by California Online Privacy Protection Act (CalOPPA)
Our Platform does not respond to Do Not Track signals.
However, some third party websites do keep track of your browsing activities. If you are visiting such websites, you can set your preferences in your web browser to inform websites that you do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of your web browser.
14. Your California Privacy Rights (California’s Shine the Light law)
Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes.
If you’d like to request more information under the California Shine the Light law, and if you are a California resident, you can contact Us using the contact information provided below.
15. California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)
California Business and Professions Code section 22581 allow California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.
To request removal of such data, and if you are a California resident, You can contact us using the contact information provided below, and include the email address associated with your account.
Be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
16. Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
18. Contact Us