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Privacy Policy

ESME LEARNING SOLUTIONS LLC PRIVACY POLICY

This Privacy Policy applies to your use of learning experiences created by Esme Learning Solutions LLC (“we,” “us,” or “Esme Learning”) available on www.esmelearning.com. At Esme Learning, we are committed to protecting your privacy. This Privacy Policy explains how we collect, use, maintain, share and otherwise process information that we obtain about you (“personal information”).

Our policy is to keep personal information confidential and strictly safeguarded, and to use or disclose it only as needed to provide services to you or as permitted by law. Protecting your privacy is important to us, and for the purposes of applicable data protection laws, we are the controller of your personal information.

Information We Collect

      1. Personal information you provide

    When you visit our website, contact us, or otherwise engage with our learning platform, we may collect the following information that you provide to us:

    • Your name
    • Job title and work division
    • Email address
    • Phone number(s)
    • Level of education completed
    • Other information shared voluntarily by you on our learning platform

    The last category may include more sensitive personal information such as:

    • Information about your race, ethnicity or religious beliefs
    • Information about your health, including any disability and/or medical condition

    We may offer website visitors the opportunity to download white papers about our business. To sign up for this white paper, you agree to provide your name, address, email address, telephone number, and other information and to receive information from us regarding our business and upcoming events. You also may wish to learn more about our business or upcoming events without downloading a white paper, in which case you can provide your contact information to us and we will be in contact with you. You may opt out from receiving further communications at any time by clicking “unsubscribe” in the body of communications we send you.

    Our legal basis for processing the personal information above is our legitimate interest in providing our service to you. To the extent you disclose more sensitive personal information to us, we process that personal information pursuant to your explicit consent.   

    Schedule 1 sets out the scope, nature and purposes of Processing by Supplier, the duration of the processing and the types of Personal information and categories of Data Subject.

          2. Information we automatically collect

      When you visit our website, we collect certain types of information to understand how many unique visitors use our website, how they and use it, and how we can enhance the website. Esme Learning has a legitimate interest in this information in order to manage its website. This includes information such as browser type, IP address, date and time of visit, average time spent on the website, cookie ID, pages visited, and any site that referred you to our website. If you access Esme Learning LLC through your mobile device, we may collect information such as your device ID and information about your hardware or software. We do not use this information to profile individual users or to advertise or market to you. Our legal basis for processing this information is our legitimate interest in conducting web analytics about how you use our website.

      We also collect cookies. Cookies are pieces of information sent by a web server to a user’s browser. Cookies may include information such as the time spent on a website and pages visited. You can manage the placement of cookies on your computer through the features found in most browsers. These features and various kinds of security software also allow you to delete cookies that have already been placed on your computer. However, some cookies may be necessary to provide access to certain features of our website. In connection with cookies, we may use pixel tags, which are small graphic files that allow us to monitor and track the use of our website, such as access to webpages. We may also use third-party tracking technology, such as Google Analytics, to record similar information regarding you and your activity on our website. Most browsers can be set to send signals to third party websites requesting them not to track the user’s activities. We do not respond to “Do Not Track” signals.

      Our legal basis for processing your cookies is your consent. By checking the pop-up consent form on the opening page of our website, you are consenting to the cookies that we use. You may revoke your consent at any time by contacting us using the methods identified below.

      How We Use and Disclose Information

      We disclose personal information to third parties that we engage to help us provide our services and operate our website, including, for example, vendors and other service providers, provided they agree to be bound by the terms of this Privacy Policy and to provide the same level of protection we do for any personal information they receive from us. For example, we may disclose some of your personal information to third parties that host the courseware or integrate with the courseware in order to enhance learning experience, like video and chat collaboration tools, assessment and testing, and content hosting companies, among others. We may also use some personal information to issue and distribute certificates of completion upon successful completion of all course requirements, which may require sharing personal information with the printing and distribution center.

      We partner with certain third parties to obtain the automatically collected information discussed above and to engage in analysis, auditing, research, and reporting. These third parties may use web logs or web beacons, and they may set and access cookies on your computer or other device. In particular, our website uses Google Analytics to help collect and analyze certain information for the purposes discussed above. You may opt out of the use of cookies by Google Analytics here.

      We may also disclose personal information to competent authorities, courts and bodies in response to a court order, summons or subpoena, regulatory requests, or as permitted or required by law when we reasonably believe it is necessary or appropriate to investigate, prevent or take action against illegal activities, suspected fraud, or situations involving potential threats to the physical safety of any person.

      We may disclose your personal information to any third party that acquires, or is interested in acquiring, all or part of our assets or shares, or that succeeds us in carrying on all or part of our business.

      Users are responsible for any third-party Personal information obtained, published or shared through this Application and confirm that they have the third party's consent to provide the Data to the Owner.  Examples include, but are not limited to: if a User includes a case study or example from their employer, or if the User elects to provide information about a business partner or collaborator as part of an assignment uploaded to the Application.

      EU Residents

      If you are in the EU, you have various rights in relation to your personal information, including: (i) the right to be informed of how your personal information is processed; (ii) the right to request access to and rectification or erasure of your personal information; (iii) the right to obtain restriction of processing or to object to processing of your personal information where based on legitimate business interests; and (iv) the right to ask for a copy of your personal information to be provided to you, or a third party, in a digital format (data portability). You also have the right to lodge a complaint about the processing of your personal information with a supervisory authority.

      To exercise any of the rights listed above, please contact us at privacy@esmelearning.com. We will respond to your request as soon as practicable and in any event not more than within 1 month after receipt of your request. In exceptional cases, we may extend this period by 2 months, and we will tell you why. We may request proof of identification to verify your request.

      California Residents

      If you are a resident of the state of California, please view our California Privacy Addendum below for additional rights that may be applicable to you.

      Family Education Rights & Privacy Act

      Esme Learning will comply with applicable provisions of the Family Education Rights & Privacy Act (FERPA) and will obtain individual consent to the extent required by FERPA.

      Privacy Shield Certification

      Esme Learning Solutions LLC complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. Esme Learning Solutions LLC has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit www.privacyshield.gov

      In compliance with the Privacy Shield Principles, Esme Learning Solutions LLC commits to resolve complaints about our collection or use of your personal information. EU-U.S. or Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Esme Learning Solutions LLC at: privacy@esmelearning.com.

      Esme Learning Solutions LLC has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, please contact or visit JAMS at www.jamsadr.com for more information or to file a complaint. The services of JAMS are provided at no cost to you.

      EU and Swiss residents have the possibility, under certain conditions, to invoke binding arbitration for complaints regarding Privacy Shield compliance not resolved by any of the other Privacy Shield mechanisms. To learn more, please refer to Annex I for additional information. EU and Swiss residents also have the right to access their personal information at any time, as well as to correct, amend, or delete their personal information. Additionally, to the extent that we use the information we collect for purposes other than for which it was collected, you will have the opportunity to opt-out of such use. We will only process and transfer sensitive personal information (such as information about your race or medical conditions) with your affirmative consent. For more information or to exercise your rights, you may contact us at privacy@esmelearning.com.

      Esme Learning Solutions LLC has responsibility for the processing of personal information it receives under the Privacy Shield and subsequently transfers to a third party acting as an agent on its behalf. Esme Learning Solutions LLC shall remain liable under the Principles if its agent processes such personal information in a manner inconsistent with the Principles.

      The Federal Trade Commission has jurisdiction over Esme Learning Solutions LLC’s compliance with the Privacy Shield.

      International Transfers

      The information that we collect through or in connection with our website is transferred to and processed in the United States for the purposes described above. We may also subcontract the processing of your data to, or otherwise share your data with, affiliates or third parties in the United States or countries other than your country of residence. The data-protection laws in these countries may be different from, and less stringent than, those in your country of residence.  

      If you are an EU or Swiss resident, we transfer and process your personal information to the United States pursuant to the terms of the Privacy Shield (described above). Otherwise, by using the Site or by providing any personal or other information to us, you expressly consent to such transfer and processing.

      How Information Is Safeguarded

      We have technical, physical and administrative safeguards in place that we believe are reasonably designed to protect the security and confidentiality of your information. These include storage of data on servers in secure facilities, systems to monitor intrusions on our networks and devices, confidentiality agreements with companies we hire to help us provide services us, password-protected user access to our computer files, and strict confidentiality policies that apply to all Esme Learning personnel. We urge you to always use caution when providing or transmitting sensitive information by email or other unencrypted communications.

      Esme Learning takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data. Individuals have the right to access their own personal information at any time.

      Being subject to the investigatory and enforcement powers of the Federal Trade Commission, the Department of Transportation or any other U.S. authorized statutory body, Esme Learning is required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

      Retention of your Information

      We retain personal information as long as it is necessary and relevant for our business. In particular, we retain website usage information only for as long as necessary to monitor the use of our website and generate aggregate reports regarding visitors. We retain your contact information for as long as necessary to maintain contact with you. The criteria used to determine the retention periods include: (i) how long the personal information is needed to provide the services and operate the business; (ii) the type of personal information collected; and (iii) whether we are subject to a legal, contractual or similar obligations to retain the personal information (e.g., mandatory data retention laws, government orders to preserve data relevant to an investigation, or data that must be retained for the purposes of litigation or disputes).

      Links to Other Websites and Services

      This Privacy Policy applies only to Esme Learning services. Our website may contain links to other websites that are not operated or controlled by Esme Learning. We do not control such third-party websites or their privacy practices. Any personal information you choose to give to third party websites is not covered by this privacy policy.

      Esme Learning uses the following third parties, and we have linked to their privacy policies below:

      Minors

      The Esme Learning website is not intended to be used by anyone under the age of 18. If you are under the age of 18, please do not submit any personal information to Esme Learning. If a parent or guardian becomes aware that his or her child under the age of 18 has provided us with personal information, please contact us at the contact information below, and we will terminate the account and delete such information from our files. Additionally, if we become aware at any point that a minor under the age of 18 is using our service, we will terminate the account and delete such information from our files.

      Changes to the Policy

      We may change this privacy policy from time to time, and we will notify you of any material changes as required by law. Any changes to the policy will become effective immediately after being posted. We encourage you to periodically review the policy to stay informed of changes and on how we are protecting your personal information.

      Contact Us

      If you have any questions about this Privacy Policy or would like to exercise any rights applicable to you, please contact us at: privacy@esmelearning.com 

      SCHEDULE 1 – Data Protection Particulars

      The subject matter and duration of the Processing

       

      Online participant academic performance and digital interaction data, for digital programmes typically of between two (2) and six (6) weeks in duration

      The nature and purpose of the Processing

       

      To deliver a digital online programme, and also to continuously improve the programme environment

       

       

      The type of Personal information being Processed

       

      Consumer name and email address

      Other demographic information such as work title, age, etc.

      Activity data in the online programme environment such as log-in timestamps, videos viewed, assessments attempted, and other digital media interaction data

      The categories of Data Subjects

      Demographic information

      Course interaction /behavioral data

       

       

      CALIFORNIA PRIVACY ADDENDUM

      Date Last Updated: April 13, 2020

      If you are a California resident, the California Consumer Privacy Act (“CCPA”) provides you with certain rights regarding your personal information, including the right to know about personal information collected, disclosed, or sold; the right to request that we delete personal information that we have collected from you; the right to opt-out of the sale of your personal information; and the right not to be discriminated against. All of these rights are subject to certain exceptions.

      Collection of Personal Information

      When you visit or interact with our website, we may collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”). We may have collected the following categories of personal information over the past 12 months:

      • Identifiers, such as your name, email address, and IP address.
      • Categories of personal information described in subdivision (e) of California Civil Code Section 1798.80, such as your name, address, and employment information.
      • Characteristics of protected classifications under California or U.S. federal law, such as your race and medical conditions.
      • Internet or other electronic network activity information, such as cookies, web logs, and information about how you use our website.
      • Education information, such as information about your coursework.
      • Inferences drawn from any of the information listed above.

      We collect the personal information listed above from the following sources:

      • From you directly, when you provide this information to us as part of using our services.
      • From your operating systems and platforms.
      • Automatically from you when you visit our website.
      • We may be provided information by our University Partners

      Disclosure or Sale of Personal Information

      In the last 12 months, we may have disclosed the following categories of information to third parties for our business or commercial purposes:

      • Identifiers, such as your name, email address, and IP address.
      • Categories of personal information described in subdivision (e) of California Civil Code Section 1798.80, such as your name, address, and employment information.
      • Characteristics of protected classifications under California or U.S. federal law, such as your race and medical conditions.
      • Internet or other electronic network activity information, such as cookies, web logs, and information about how you use our website.
      • Education information, such as information about your coursework.
      • Inferences drawn from any of the information listed above.

      We may have shared any of the information listed above with:

      • Service providers, including CRM and marketing systems providers.
      • Data analytics providers.

      We disclose your personal information for the business and commercial purposes listed under “How We Use and Disclose Your Information” in our Privacy Policy.

      Your Rights

      Right to Know

      California residents have the right to request that we disclose certain information about our collection and use of your personal information over the past twelve months (“Right to Know”). 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.
      • The categories of personal information that we have disclosed for a business or commercial purpose.
      • Our business or commercial purposes for disclosing personal information.
      • The categories of third parties with whom we share your personal information.
      • The specific pieces of personal information we collected about you (i.e., a data portability request).

      Right to Delete

      California residents have the right to request that we delete the personal information that we collected from you and retain, subject to certain exceptions (“Right to Delete”). 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.

      Right to Opt-Out of Sale

      The CCPA provides California residents with the right to opt-out of the sale of their personal information.

      We do not sell your personal information.  

      Right to Nondiscrimination

      The CCPA provides California residents with the right not to receive discriminatory treatment for the exercise of their privacy rights conferred by the CCPA. We will not discriminate against you for exercising any of your CCPA rights.

      Exercising Your Rights

      If you are a California resident and wish to request for us to provide you with your Right to Know or Right to Delete, you may submit a request by emailing us at privacy@esmelearning.com.

      Upon receiving a request from you, we will first verify your identity by asking you to provide your name, phone number, and email address. We will confirm your identity by matching the information you provide with what we have on file. We may ask you for additional information to verify your identity or to comply with your request.

      You may authorize an agent to make a request on your behalf. To designate an agent, please provide a written and signed document by both you and the agent that authorizes the agent to act on your behalf. You may also use a power of attorney. We will still require you to provide sufficient information to allow us to reasonably verify that you are the person about whom we collected personal information.

      Contact Us

      If you have any questions about this California Privacy Addendum or would like to exercise any rights applicable to you, please contact us at: privacy@esmelearning.com

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