Lessonly Privacy Policy

This Privacy Policy describes Lessonly, Inc.’s (“Lessonly”) policies and procedures on the collection, use and disclosure of your information. Lessonly receives your information through our various web sites, APIs, services and third-parties (“Services”) and our customers (“Client”). When using any of our Services you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy. Irrespective of which country that you reside in or create information from, your information may be used by Lessonly and its affiliates in the United States or any other country where Lessonly and its affiliates operate. This also describes your choices regarding use, access and correction of your personal information. The use of information collected through our Services shall be limited to the purpose of providing the Service for which the Client has engaged Lessonly.

  1. Information Collection and Use
  2. Purposes For Which We Use Your Personal Data
  3. Third Party Sharing and Disclosures
  4. Children’s Privacy
  5. Managing Your Personal Information
  6. California Privacy Rights
  7. Nevada Resident Rights
  8. EU Residents
  9. Opt-Out Procedure
  10. Security
  11. Privacy Shield Certification — Onward Transfer
  12. YouTube and Google
  13. Changes to this Policy
  14. Feedback

 

  1. Information Collection and Use
    1. Information We Collect About You and How We Collect It

      We collect several types of information from and about users of our Website, including information:

      • By which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information“);
      • That is about you but individually does not identify you; and/or
      • About your internet connection, the equipment you use to access our Website, and usage details.

      We collect this information:

      • Directly from you when you provide it to us.
      • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
      • From third parties, for example, our business partners.
    2.  
    3. Information You Provide to Us

      The information we collect on or through our Website may include:

      • Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.
      • Records and copies of your correspondence (including email addresses), if you contact us.
      • Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
      • Your search queries on the Website.

      You also may provide information to be published or displayed (hereinafter, “posted“) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions“). Your User Contributions are posted on and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

    4. Information We Collect Through Automatic Data Collection Technologies

      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). You can opt out of behavioral tracking on this website by emailing us at privacy@seismic.com.

      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 a 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.

      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.
      • Web Beacons. Pages of our Website and our emails 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).
    5.  
    6. Third-Party Use of Cookies and Other Tracking Technologies

      Some content or applications, including advertisements, on the Website are served by third-parties, which may include but are not limited to 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

  2. Information Collection and Use

    We use information that we collect about you or that you provide to us, including any personal information:

    • To present our Website and its contents to you.
    • To provide you with information, products, or services that you request from us.
    • To fulfill any other purpose for which you provide it.
    • To provide you with notices about your account, including expiration and renewal notices.
    • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
    • To notify you about changes to our Website or any products or services we offer or provide though it.
    • To allow you to participate in interactive features on our Website.
    • In any other way we may describe when you provide the information.
    • For any other purpose with your consent.

    We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please contact us at privacy@seismic.com. For more information, see Choices About How We Use and Disclose Your Information.

    We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

    We have set out below, in a table format, a description of the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

    Purpose/Activity                            

    Type of data

    Lawful basis for processing including basis of legitimate interest

    To register you as a new customer

    ·       Identity

    ·       Contact

    Performance of a contract with you

    To manage our relationship with you, which will include, but not limited to:

    ·         Notifying you about changes to our terms or privacy policy

    ·         Asking you for feedback or take a survey

     

    ·       Identity

    ·       Contact

    ·       Marketing and Communications

    Performance of a contract with you

    Necessary to comply with a legal obligation

    Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services

    To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

    ·       Identity

    ·       Contact

    ·       Technical

    Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise)

    Necessary to comply with a legal obligation

    Performance of a contract with you

    To deliver content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

    ·       Identity

    ·       Contact

    ·       Usage

    ·       Marketing and Communications

    ·       Technical

    Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

    To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

    ·       Technical

    ·       Usage

    Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

    To make suggestions and recommendations to you about goods or services that may be of interest to you

    ·       Identity

    ·       Contact

    ·       Technical

    ·       Usage

    ·       Marketing and Communications

    Necessary for our legitimate interests (to develop our products/services and grow our business)

     

  3. Third Party Sharing and Disclosures

    We may disclose aggregated, anonymized information about our users without restriction.

    We may disclose personal information that we collect or you provide as described in this Privacy Policy:

    • To our subsidiaries and affiliates.
    • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
    • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Lessonly, Inc.’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Lessonly, Inc. about our Website users is among the assets transferred.
    • To third parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. For more information, see Choices About How We Use and Disclose Your Information.
    • To fulfill the purpose for which you provide it. For example, if you give us an email address to use the “email a friend” feature of our Website, we will transmit the contents of that email and your email address to the recipients.
    • For any other purpose disclosed by us when you provide the information.
    • With your consent.
    • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
    • To enforce or apply our Subscription Services Agreement, or Subscription Order Form, and other agreements, including for billing and collection purposes.
    • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Lessonly, Inc., our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
  4.  

  5. Children’s Privacy

    Our Services are not directed to people under 13. If you become aware that your child has provided us with personal information without your consent, please contact us at privacy@seismic.com. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child’s account.

  6. Managing Your Personal Information

    Under certain circumstances, you have the rights under data protection laws in relation to your personal data.

    Access: Upon request Lessonly will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. To request this information please contact us at privacy@seismic.com.

    Rectification and Deletion: If you are a registered user of our Services, we provide you with tools to access or modify the personal information you provided to us and associated with your account. You may also access, correct, or request deletion of your personal information by contacting us (a) through the Support Center (if you are a registered user), (b) through the Lessonly Privacy Policy website //seismic.com/lessonly-privacy-policy, or (c) privacy@seismic.com. We will respond to these requests within a reasonable timeframe.

    Data Retention: We may retain your information for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements.

    We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

  7. California Privacy Rights
  8. The California Consumer Privacy Act of 2018 (“CCPA”) provides California residents with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.  If you have any questions about this section or whether any of the following applies to you, please contact us at privacy@seismic.com and indicate “California Rights” in the subject line of your communication.

    Access: You have the right to request certain information about our collection and use of your Personal Information over the past 12 months. We will provide you with the following information:

    • The categories of Personal Information that we have collected about you.
    • The categories of sources from which that Personal Information was collected.
    • The business or commercial purpose for collecting or selling your Personal Information.
    • The categories of third parties with whom we have shared your Personal Information.
    • The specific pieces of Personal Information that we have collected about you.

    If we have disclosed your Personal Information for a business purpose over the past 12 months, we will identify the categories of Personal Information shared with each category of third party recipient.

    If we have sold your Personal Information over the past 12 months, we will identify the categories of Personal Information purchased by each category of third party recipient.

    Deletion: You have the right to request that we delete the Personal Information that we have collected from you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Information to provide you with the Services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.

    Exercising Your Rights: To exercise the rights described above, you must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Information, and (2) describes your request in sufficient detail to allow us to understand, evaluate, and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Information provided in a Valid Request to verify you and complete your request. You do not need an account to submit a Valid Request.

    You may submit a Valid Request using the following methods:

    • Submitting a request by following the instructions found at this link
    • Call us at our Toll-Free Line: 1 833 439 0015
    • Emailing us at: privacy@seismic.com

    We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA

    We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates, or levels of quality of the goods or services you receive related to the value of Personal Information that we receive from you.

    Other California Resident Rights

    Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Information to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at privacy@seismic.com.

    Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services that you do not wish such operators to track certain of your online activities over time and across different websites.  Not all browsers offer a Do Not Track option and there is currently no industry consensus as to what constitutes a Do Not Track signal.  For these reasons, our Websites, like many website operators, do not support Do Not Track requests at this time. To find out more about “Do Not Track,” you can visit www.allaboutdnt.com.

  9. Nevada Resident Rights

    If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. You can exercise this right by contacting us at privacy@seismic.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A.

  10. EU Resident

    If you are a resident of the European Union (“EU”), United Kingdom, Liechtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.

    For this Section 8, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Lessonly, Inc. and its affiliates will be the controller of your Personal Data processed in connection with the Lessonly Services.

    Where applicable, this Section 8 is intended to supplement, and not replace, the other provisions of the Privacy Policy. If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at privacy@seismic.com. Note that we may also process Personal Data of our customers’ end users or employees in connection with our provision of services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.

    What Personal Data Do We Collect From You and How Do We Use It?

    Please refer to Section 1. Information Collection and Use, and Section 2. Purposes For Which We Use Your Personal Data above for information about the Personal Data we collect about you and how we use it.

    On What Basis Do We Justify Processing Your Personal Data

    We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below, and depending on the Personal Data involved and the specific context in which we collect it. Lessonly’s processing of your Personal Data is justified on one or more of the following legal bases:

    • Performance of Contract: The processing is necessary to perform a contract with you or take steps to enter into a contract at your request. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Lessonly Services that require such data. Examples include: name, email address, address and phone number.
    • Our Legitimate Interests: The processing is in our legitimate interests, subject to your interests and fundamental rights, and notably our legitimate interest in using applicable data to conduct and develop our business activities, such as developing and maintaining relationships with our customers, our operation and improvement of our business, products and services, marketing of our products and services, provision of customer support, protection from fraud or security threats, compliance with legal obligations, and completion of corporate transactions. Examples include: name, email address, address, phone number, Content, and information about you that is automatically collected when you use the Lessonly Services as detailed above.
    • Compliance with Law: The processing is necessary for us to comply with a relevant legal obligation;
    • With Your Consent: You have consented to the processing (for example, where we are required by local law to rely upon your prior consent for the purposes of direct marketing); or
    • Defend Our Rights; Protect Vital Interests: The processing is necessary to the establishment, exercise, or defense of legal claims or rights or to protect your vital interests or those of another person.

    How and With Whom Do We Share Your Data?

    Please refer to Section 5 – With Whom Do We Share Your Personal Information for Business Purposes? above for information about how and with whom we share your Personal Data.

    What Rights DoYou Have Regarding Your Personal Data?

    You have certain rights with respect to your Personal Data, including those set forth below.  For more information about these rights, or to submit a request, please email privacy@seismic.com. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision.  In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

    Special Note Regarding Personal Data Processed by Lessonly through the Services:  If Lessonly has collected or is otherwise processing your Personal Data through your use of one of the Services we provide our customers, you should contact that customer (e.g. the business with whom you emailed or otherwise engaged online using one of our Services) in the first instance to address your rights with respect to the Personal Data.

    Access:  You can request more information about the Personal Data we hold about you and request a copy of such Personal Data.

    Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data.

    Erasure: You can request that we erase some or all of your Personal Data from our systems.

    Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Lessonly Services.

    Portability:  You can ask for a copy of your Personal Data in a machine-readable format.  You can also request that we transmit the data to another controller where technically feasible.

    Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.

    Restriction of Processing:  You can ask us to restrict further processing of your Personal Data.

    Right to File Complaint:  You have the right to lodge a complaint about Lessonly’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.

    Transfers of Personal Data

    The Lessonly Services are operated from the United States (“U.S.”) by Lessonly and its service providers, which may process your personal data in the United States, and the European Union.  If you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Lessonly Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, could be provided to Lessonly in the U.S. and may be hosted on U.S., European Union servers, and you authorize Lessonly to transfer, store and process your information to these jurisdictions, and possibly other countries.  You hereby consent to the transfer of your data to the U.S. pursuant to another safeguard(s) for cross-border transfer: (i) a data processing agreement incorporating standard data protection clauses promulgated by the EC, a copy of which can be obtained at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32021D0914, (ii) binding corporate rules for data protection that align with the GDPR’s requirements, or (iii) adherence to an industry- or technology-specific approved code of conduct blessed by the EC.

  11. Opt-Out Procedure (Choice)

    We do not sell, trade or otherwise disclose our users’ information to any third parties.

    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:

    • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

    • 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 always opt out by sending us an email stating your request to privacy@seismic.com.
    • Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties’ products or services, you can opt out by sending us an email stating your request to privacy@seismic.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions or by selecting “Unsubscribe” at the bottom of the email. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience, or other transactions.
    • 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 sending us an email stating your request to privacy@seismic.com.

    We do not control third parties’ collection or use of your information to serve interest-based advertising. These third parties may provide you with ways to choose not to have your information collected or used in this way. If you have any questions about a third parties’ collection or use of your information, you should contact the responsible party directly.

  12. Security

    Each of our employees is aware of our security policies, and your information is only available to those employees who need it to perform their jobs. We have also implemented security measures to protect user information from loss, misuse and alteration. We use industry-standard practices such as encryption at rest and in transit, firewalls and password protection systems to safeguard the confidentiality of your personal information. However, no method of transmission over the Internet or via mobile device, or other electronic method, is 100% secure. Therefore, although Lessonly strives to use commercially reasonable measures to protect your personal information, Lessonly cannot guarantee its absolute security.

    We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

  13. Privacy Shield Certification — Onward Transfers

    Lessonly participates in and has certified its compliance with the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield Framework. Lessonly is committed to subjecting all personal data received from European Union (EU) member countries and Switzerland, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, visit the U.S. Department of Commerce’s Privacy Shield List.

    Lessonly is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Lessonly complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.

    With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Lessonly is subject to the regulatory enforcement powers of the U.S. FTC. In certain situations, Lessonly may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

    If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

    Under certain conditions, more fully described on the Privacy Shield website, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.

    In certain circumstances we may transfer your personal data out of the European Economic Area (EEA), with service providers under the mechanism of specific contracts approved by the European Commission which gives personal data the same protection it has in Europe.

  14. YouTube and Google

    By using the Website, you acknowledge that the Lessonly Website uses the YouTube API services. By using those services, you also acknowledge and agree to the connected use of the Google Privacy Policy which can be found through the following link: Google privacy policy.

    You can revoke access to your data via the Google security settings page at https://security.google.com/settings/security/permissions.

  15. Changes to this Policy

    We may revise this Privacy Policy from time to time. The most current version of the policy will govern our use of your information and will always be at https://seismic.com/lessonly-privacy-policy/. If we make a change to this policy that, in our sole discretion, is material, we will notify you via e-mail to the email associated with your account. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Privacy Policy.

  16. Questions or Feedback

    Thoughts or questions about this Privacy Policy? Please, let us know at privacy@seismic.com

    Seismic Software, Inc.,
    Attn: Privacy Office
    12390 El Camino Real
    San Diego, CA 92130