This privacy policy was last updated on 11th March 2020.
Introduction
Learnosity respects your privacy and is committed to protecting personal data.
This privacy policy will inform you as to how we look after your personal data when you use the Software under the Agreement. This policy is also designed to inform you about your privacy rights and how the law protects you.
For avoidance of doubt, Learnosity does not need to process or access Licensee Student User Personal Data in order to provide the Software under the Agreement.
About us
Learnosity is an e-learning platform operated by the Learnosity Group, a company headquartered in 6 Coke Lane, Smithfield, Dublin 7, Ireland (collectively referred to in this privacy policy as “we,” “us,” and “our,” “Learnosity”.
Definitions
Terms not otherwise defined herein shall have the meaning as set forth in the Agreement.
“Agreement” means Learnosity’s written or electronic agreement, which govern the provision of the Software to the Licensee, as such terms or agreement may be updated from time to time.
“Authorized User(s)” (a) Licensee, (b) Licensee’s Affiliates, and (c) the directors, officers, employees, partners, agents, advisers, independent contractors and subcontractors of any of the foregoing entities and (d) any Licensee Author User(s) and (e) any Licensee Student User(s) that have been granted access to the Software.
“Controller” the Authorized User(s) are the controller of all data supplied to Learnosity when using the Software.
“End User Data” means any and all information regarding students, administrators, teachers, schools, school districts and other individuals and entities affiliated with Licensee that is entered into the Software, or otherwise provided to Learnosity, or generated by the Software based on such information. Without limiting the foregoing, End User Data includes personally identifiable information and test results, as well as information corresponding to a particular End User when such information consists of unique identifiers, including but not limited to those randomly assigned unique identifiers, that either catalogue, tally, or group a particular End User(s) interaction with the Software over time.
“Licensee” means the Licensee named in the Agreement.
“Licensee Author User(s)” any individual who, pursuant to a commercial agreement between Licensee and Licensee’s customer, has been granted access and authorisation to use the Software in accordance with such commercial agreement for the purposes of creating content.
“Licensee Student User(s)” any individual who, pursuant to a commercial agreement between Licensee and Licensee’s customer, has been granted access and authorisation to use the Software in accordance with such commercial agreement.
“Licensee Personal Data” the personal data inputted or created by the Licensee and its Authorised User(s) for use of the Software.
“Processor” Learnosity will be the processor of any personal data supplied by you through your use of the Software.
“Software” the Software licensed by the Licensor under the Agreement as defined in Schedule 6.
“Technical Data” means any data relating to the Authorized User(s) user, support and/or operation of the Software, including information relating to volumes, activity logs, frequencies, bounce rates or other information regarding email and other communications generated and sent when using the Software.
“You and your” refers to Authorized User(s) using the Software.
Personal information
What do we mean by “personal information”
For us, “personal information” means information which identifies you, directly or indirectly. Any information that falls outside of this is “non-personal information.”
If we store your personal information with information that is non-personal, we will consider the combination as personal information. If we remove all personal information from a set of data, then the remaining is non-personal information.
What personal information do we collect about you?
- When you use the Software, we may collect any personal data you choose to input into the Software such as your name and email address, if required to enable you to access the Software. For the avoidance of doubt no personal information is required for Authorized Users to access the Software.
- When you use the Software, we may collect End User Data.
- When you use the Software, we may automatically collect or receive certain information about your device and usage of the Software (collectively “Technical Data”). In some (but not all) countries, including countries in the European Economic Area (“EEA”), this information is considered Personal Information under applicable data protection laws. We use cookies and other tracking technologies to collect some of this information. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser.
What do we do with your information once we have it?
Personal data we collected or received through the Software is used to provide the Software and Service Levels as outlined in the Agreement.
When you give us information, we will look after it as if it were our own ensuring appropriate safeguards are in place to ensure its security. We use best practice security including industry standard TLS encryption in transit and AES 256 encryption at rest.
When do we share your information with others?
- We do not share your data with third parties other than the approved Sub-processors as noted in the Agreement
- We follow the law whenever we receive requests about you from a government or related to a lawsuit. We’ll notify you when we’re asked to hand over your personal information in this way unless we’re legally prohibited from doing so. When we receive requests like this, we’ll only release your personal information if we have a good faith belief that the law requires us to do so. Nothing in this policy is intended to limit any legal defences or objections that you may have to a third party’s request to disclose your information.
- If our organisational structure or status changes (if we undergo a restructuring, are acquired, or go bankrupt) we may pass your information to a successor or Affiliate.
How do we store and protect your personal information?
We are committed to protecting your personal information if we have it. To the extent personal data is processed, we implement physical, business and technical security measures as further detailed here. Despite our efforts, if we learn of a security breach, we’ll notify you so that you can take appropriate protective steps.
If you inadvertently send us personal information when using the Software, this is automatically encrypted to ensure security and destroyed in accordance with the terms of the Agreement.
International information
International Transfers
Our servers and offices are located in Europe, United States and Australia so your information may be the subject of an international transfer. We take many steps to protect your privacy, as more particularly set out in our Data Processing Agreement with you.
Information for EU, EEA, UK, Swiss, California, Delaware and Australian users
These regions have data protection laws that require us to specify the following:
This privacy notices describe the purposes for which we process information about you and the categories of information we process.
Our lawful bases for collecting and processing personal information under the European General Data Protection Regulation (“GDPR”) include:
- Performing our contract with you: To provide the Software described in the Agreement.
- Legitimate interests: We may receive technical and interaction data of users, to improve the security and reliability of our Software.
Learnosity does not sell personal data.
The following rights are granted under the GDPR and California Consumer Privacy Act (“CCPA”). Learnosity applies these rights to all Authorised User(s), regardless of your location:
- The right to know what personal data is collected
- The right to know if personal data is being shared, and to whom
- The right to access your personal data
- The right to exercise your privacy rights without being discriminated against
California and Delaware law require Learnosity to indicate whether it honours “Do Not Track” settings in your browser concerning targeted advertising. Learnosity does not track your use to provide targeted advertising and therefore does not respond to Do Not Track (DNT) Signals.
If you access our Software in Australia, we are subject to the operation of the Privacy Act 1988 (“Australian Privacy Act”).
A global remit
Learnosity is a global organisation and our computers are in several different places around the world. We also use service providers whose computers may also be in various countries. This means that your information might end up on one of those computers in another country, and that country may have a different level of data protection regulation than yours.
By giving us information, you consent to this kind of transfer of your information. No matter what country your information is in, we comply with applicable law and will also abide by the commitments we make in this privacy policy.
Student Privacy Pledge
Learnosity is a member of the Student Privacy Pledge created by the Future of Privacy Forum (FPF) and the Software and Information Industry Association (SIIA).
By signing the Pledge, Learnosity joins major ed tech companies including: Amplify, Atomic Learning, Clever, Code.org, DreamBox Learning, Edmodo, Follett, Gaggle, Houghton Mifflin Harcourt, Knewton, Knovation, Lifetouch, Microsoft, Renaissance Learning, Think Through Math and Triumph Learning and publicly confirms that the company will:
- Not sell student information
- Not behaviourally target advertising
- Use data for authorised education purposes only
- Not change privacy policies without notice and choice
- Enforce strict limits on data retention
- Support parental access to, and correction of errors in, their children’s information
- Provide comprehensive security standards
- Be transparent about collection and use of data
The Pledge and more information about how to support it is available here.
Updates & questions
What if we change this privacy policy or any of our privacy notices?
If we change this policy the updates will be posted online. Your continued use of the Software after the effective date of such changes constitutes your acceptance of such changes. To make your review more convenient, we will post an effective date at the top of the page.
Contact Learnosity
If you have a question or concern, please contact us at privacy@learnosity.com and we hope to resolve it for you. If we cannot, you have the right to lodge a complaint with your local data protection authority. You can also contact us at this address if you want to make a correction to your information.