FIG LEARNING, LLC

 

PRIVACY POLICY

 

Last Updated May, 2021

 

            Fig Learning LLC (“we”, “us” or “our”) is committed to protecting your (“you” or “your”) privacy and empowering you with this privacy policy (this “Privacy Policy”). This Privacy Policy explains how we collect, use, disclose, and apply the information collected through our website and the services we provide to our clients (collectively, the “Services”). Our Terms and Conditions (the “Terms”) are expressly incorporated herein by reference and are an integral part hereof. The Terms can be found here: [Fig Learning Terms and Conditions].

 

            By using the Services or interacting with us, you are agreeing to this Privacy Policy. Please read the following carefully to understand how we collect, use, disclose, and maintain information that can be used to identify you. In addition, this Privacy Policy describes your choices for use, access, and correction of your personal data. If you do not agree to be bound by this Privacy Policy, please stop using the Services.

 

1.         Changes to this Privacy Policy. We may change this Privacy Policy from time to time. In the event we make changes, we will notify you by revising the “Last Updated” date at the top of this Privacy Policy. If there are significant changes to this Privacy Policy, we will attempt to notify you directly by email or provide information via our home page prior to such changes becoming effective. We encourage you to review our Privacy Policy whenever you use the Services to stay informed of ways you can protect your privacy.

 

2.         Information We Collect and Receive. We collect your personal information in a variety of ways when you interact with the Services. The amount and type of personal information that is provided to us depends on the nature of the interaction. More information about the categories and sources of personal information that we collect is provided below.

           

            2.1       Information You Provided to Us[SSJ1] . We collect information that you decide to share with us. At times, we may require you to provide certain information in order to use certain parts of our Services, fulfill your requests, or provide you with certain services.

 

                        2.1.1     Account and Profile Information. When you register for an account, create, or modify your profile, set preferences, sign-up for or make purchases through the Services, we collect information about you, such as name, email, phone number, physical address, and employment information, and any other information you disclose in or upload to your account. If you pay for the Services or initiate a transaction with us, we will use a third-party payment processor to process the payment. We do not collect your credit card number, expiration date, or pin number. The transaction details we retain are those details that allow us to verify that you paid for the Services or transaction, including price, currency, date of payment, payment method, name, and account name. We will combine that information with your account information.

 

                        2.1.2     Content. We collect content that you post, send, receive, and share through the Services or otherwise provide directly to us.

 

                        2.1.3     Contacting Us. You may choose to send us information about yourself in an email containing inquiries about the Services and we use this information in order to help us respond to your inquiry. You may also choose to submit information to us via other methods, including: (i) in response to marketing or other communications, (ii) through social media or online forums, or (iii) in connection with an actual or potential business relationship with us.

 

                        2.1.4     Surveys. When you complete any forms or respond to a survey or questionnaire, we collect the personal data you provide.

 

            2.2       Information We Obtain from Others. We receive information about you from other sources like third-party service providers, public databases, and our business and channel partners. This information may include business contact information, address, job title, email address, phone number. We may combine this information with information we collect through other means.

 

            2.3       Information We Automatically Collect. We automatically collect certain information from you when you use the Services, including internet or other network activity information such as your Internet Protocol (“IP”) address, unique device identifiers, browsing and search history (including content you have viewed in the Services), and Cookies (as defined below).

 

                        2.3.1     Automatic Data Collection. In order to improve, personalize, and optimize our Services and meet our legal obligations, we may automatically track certain information about your visits to and usage of our Services, including your browser type, operating system, IP address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), device identifier, domain name, clickstream data, referring/exist pages, geolocation, and a date/time stamp for your visit. We also use this information to analyze trends, administer the Services, gather demographic information about our user base, deliver advertising, perform research, provide technical and customer support, inform our product development efforts, protect our legal rights, address disputes, and prevent our Services from being used to commit harmful or unlawful activities, including fraud. Some of this information may also be collected so that when you use the Services again, we will be able to recognize you and optimize your experience accordingly.

 

                        2.3.2     Device Information. We may collect information about the devices you use to access our Services, including the hardware models, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information, and mobile network information.

 

                        2.3.3     Crash and Error Information. If the Services crash or return an error, we may collect data to determine the cause of the error using first or third party services. The crash or error information collected may include the following: Device IP address, device name, operating system version, application configurations(s), the time and date, and other statistics.

 

                        2.3.4     Cookies and Other Technologies. Cookies and similar technologies (e.g. pixels and ad tags) (collectively, “Cookies”) are small files which, when placed on your device, enable us to collect certain information, including personal data, from you in order to provide certain features and functionality. We and our service providers and business partners use Cookies to collect data and recognize you and your device(s) on the Services and elsewhere across your different devices. We do this to better understand the effectiveness of the advertising on the Services and to enhance your user experience. To learn more about cookies please see our Cookies Policy [https://learn.figlearning.com/learn/cookie-policy].

 

3.         How We Use Your Information.

 

  • (a)        We may use the personal data that we collect for our legitimate interests and as necessary to provide the Services and related functionality, as described in the Terms and in this Privacy Policy, and as permitted by applicable laws. These purposes include circumstances where it is necessary to provide or fulfill the Services requested by or for you or where you have given us your express consent. We may use your personal data:

(i)         To provide the Services;

 

(ii)        To process your requests;

 

(iii)       To respond to your inquiries, comments, feedback, or questions;

 

(iv)       To send administrative information to you, for example, information regarding the Services and changes to our Terms and other policies;

 

(v)        To analyze how you interact with the Services;

 

(vi)       To maintain and improve the Services;

 

(vii)      To develop new products and services;

 

(viii)     To enforce our Terms and other policies;

 

(ix)       To prevent spam, fraud, abuse, criminal activity, or misuses of our Services, and to ensure the security of our IT systems, architecture, and networks;

 

(x)        To comply with legal obligations and legal process and to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or other third parties; and

 

(xi)       To use for any other purpose for which we provide notice at the time of collection.

  • (b)        We may aggregate and/or de-identify information collected through the Services and from other sources so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including, without limitation, for research and marketing purposes.

 

4.         How We Share and Disclose Information[SSJ2] .

 

            4.1       Affiliates and Service Providers. To assist us in meeting our business operations needs and to perform certain services and functions, we may share personal data with service providers, including providers of website hosting, Services-related consulting and monitoring, data analysis, information technology and related infrastructure provision, customer service, email delivery, auditing, and other services related to delivering the Services. Pursuant to our instructions, these parties will access, process, or store personal data in the course of performing their duties to us. We take commercially reasonable steps to ensure our service providers adhere to the security standards we apply to your personal data. We also may share your personal data with our affiliates and providers for the purposes stated in this Privacy Policy.

 

            4.2       Sharing with Your Consent. We may share your information with companies, organizations, and other third parties with your consent or to fulfill the purpose for which you provided the information.

 

            4.3       Aggregate/De-Identified Data. From time to time, we may share Aggregate/De-Identified Information about use of the Services, such as by publishing a report on usage trends. The sharing of such data is unrestricted.

           

            4.4       Legal Reasons. We may also disclose your personal data when we, in good faith, believe disclosure is appropriate to comply with the law, a court order, or a subpoena. We may also disclose your personal data to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of our Services; to enforce or apply our policies or other agreements; or to protect our own rights or property or the rights, property or safety of our users or others. We will attempt to notify our users about legal demands for their personal data when appropriate in our judgment unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague, or lack proper authority.

 

            4.5       Sale, Merger, or Other Business Transfer. As we continue to develop our business, we may buy, merge, or partner with other companies. In such transactions (including in contemplation of such transactions), personal data may be among the transferred assets. If a portion or all of our assets are sold or transferred to a third-party, your personal data would likely be one of the transferred business assets. If such transfer is subject to additional mandatory restrictions under applicable laws, we will comply with such restrictions.

 

5.         Your Choices.

            (a)        If you have registered for an account, you may access, review, update, or delete certain personal data that you have provided to us by logging into your account and using available features and functionalities or by contacting us in accordance with the “Contact Us” section below. You may also contact us to delete your account. Please note that we will need to verify that you have the authority to delete the account and certain activity generated prior to deletion may remain stored by us and may be shared with third parties as detailed in this Privacy Policy.

            (b)        You have a choice about the placement of Cookies on our Services. Most web browsers are set to accept Cookies by default. If you prefer, you can usually set your browser to remove or reject Cookies. Please note that if you choose to remove or reject Cookies, this could affect the availability and functionality of our Services. For more information, please see our Cookies Policy [https://learn.figlearning.com/learn/cookie-policy].

 

            (c)        You have a choice at any time to stop us from sending you emails for marketing purposes by following the “unsubscribe” link included in these messages. Please note that despite any indicated email marketing preferences, we may continue to send you administrative emails, including, for example, notices of updates to our Terms or this Privacy Policy, if we choose to provide such notices to you in this manner.

 

            (d)        In certain circumstances providing personal data is optional. However, if you choose not to provide personal data that is needed to use some features of our Services, you may be unable to use those features. We will tell you what personal data that you must provide in order to receive the Services.

 

            (e)        Some browsers offer a “do not track” (“DNT”) option. Since no common industry or legal standard for DNT has been adopted by industry groups, technology companies, or regulators, we do not respond to DNT signals. We will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.

 

  • 6.         European Residents. If you are a resident of the European Economic Area, we rely on our legitimate interest as described in this Privacy Policy to process your personal data. Additionally, subject to any exemptions as provided by law, you may have certain rights regarding the personal data we maintain about you. We offer you certain choices about what personal data we collect from you, how we use that information, and how we communicate with you. If at any time you wish to exercise your rights, please reach out to us in accordance with the “Contact Us” section below.

  •             6.1       Right of Access. If you ask us, we will confirm whether we are processing your personal data and, if so, provide you with a copy of that personal data along with certain other details. If you require additional copies, we may need to charge a reasonable fee.

  •             6.2       Right to Rectification. If your personal data is inaccurate or incomplete, you are entitled to ask that we correct or complete it.

  •             6.3       Right to Erasure. You may ask us to erase your personal data in some circumstances, such as where we no longer need it, or you withdraw your consent (where applicable) and there is no other legal basis for processing.

  •             6.4       Right to Restrict Processing. You may ask us to restrict or ‘block’ the processing of your personal data in certain circumstances, such as if you contest its accuracy or object to us processing it.

  •             6.5       Right to Data Portability. You have the right to obtain your personal data from us that you consented to give us or that was provided to us as necessary in connection with our contract with you, and if the processing is carried out by automated means.

  •             6.6       Right to Object. You may ask us at any time to stop processing your personal data, and we will do so: (a) if we are relying on a legitimate interest to process your personal data, unless we demonstrate compelling legitimate grounds for the processing or your data is needed to establish, exercise, or defend legal claims; or (b) we are processing your personal data for direct marketing and, in such case, we may keep minimum information about you (for example, in a suppression list) as necessary for our and your legitimate interest to ensure your opt out choices are respected in the future and to comply with data protection laws.

  •             6.7       Right to Withdraw Consent. If we rely on your consent to process your personal data, you have the right to withdraw that consent at any time, but this will not affect any processing of your data that has already taken place.

  •             6.8       Right to lodge a Complaint. If you have a concern about our privacy practices, including the way we handled your personal data, you can report it to the data protection authority that is authorized to hear those concerns

 

7.         California Residents.

 

            (a)        If you are a resident of the State of California, you have certain rights afforded to you under the California Consumer Privacy Act or the “CCPA”. When we say “Personal Information” in this section, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you. Personal Information does not include information that is aggregated or information that cannot be reasonably linked to you.

 

            (b)        We collect Personal Information and non-Personal Information for the business and commercial purposes described in the section above titled “How We Use Your Information”, and we share Personal Information with the categories of third parties described in the section above titled “How We Share and Disclose Information”. We do not sell (as such term is defined in the CCPA) the Personal Information we collect (and will not sell it without providing a right to opt out). Please note that we do use third-party cookies for our advertising purposes as further described in the section above titled “Information We Automatically Collect”.

 

            (c)        Subject to certain limitations, the CCPA provides California residents the following rights:

(i)         You have the right to request that we disclose to you the Personal Information we collect, use, or disclose, and information about our data practices;

 

(ii)        You have the right to request that we delete your Personal Information that we have collected from you;

 

(iii)       You have the right to request that we no longer sell your Personal Information to third parties;

 

(iv)       We will not discriminate against you for exercising any of these rights.

 

            (d)        California residents may make a request pursuant to their “right to know”, “right to request deletion”, and/or “right to opt-out” under the CCPA by contacting us in accordance with the “Contact Us” section below. In order to verify your request to know or delete information, we may require you to provide us with certain information to be used solely for the purpose of verifying your identity.

 

            (e)        Under the CCPA, you may exercise these rights yourself or you may designate an authorized agent to make these requests on your behalf. We may request that your authorized agent have written permission from you to make requests on your behalf and may need to verify your authorized agent’s identity.

 

8.         Nevada Residents. Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration (as such terms are defined under Nevada law) to a person for that person to license or sell such information to additional persons. We do not engage in such activity; however, if you are a Nevada resident who has purchased services from us, you may submit a request to opt out of any potential future sales under Nevada law by contacting us in accordance with the “Contact Us” section below. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.

 

9.         Security. We take reasonable precautions intended to help protect your personal data that we collect. Unfortunately, no system or online transmission of data is completely secure, and we cannot guarantee the security of data transmitted across the Internet. If you believe that information you provided to us is no longer secure, please notify us immediately using the contact information provided below.

 

  • 10.       Information Retention. We will retain personal data required to comply with privacy requests, manage active accounts, as required by law, in order to resolve disputes, or enforce our agreements. We will retain the personal data we process on behalf of our users as directed by them. We may also retain copies of your personal data for disaster recovery purposes, to prevent fraud or future abuse, or for legitimate business purposes.

  • 11.       Data Processing and Data Transfers. To provide you with the Services, we may store, process, and transmit data in the United States and locations around the world—including those outside your country. Your personal data, therefore, may be subject to privacy laws that are different from those in your country. Personal data collected within the European Economic Area may, for example, be transferred to and processed by third parties located in a country outside of the European Economic Area. In such instances, we shall ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws and, in particular, that appropriate contractual, technical, and organizational measures are in place, such as the Standard Contractual Clauses approved by the EU Commission.

 

12.       Links to Third-Party Websites. The Services may contain links to other websites not operated or controlled by us, including social media services (“Third Party Websites”). The information that you share with Third Party Websites will be governed by the specific privacy policies and terms of service of the Third Party Websites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these websites. Please contact the Third Party Websites directly for information on their privacy practices and policies.

 

13.       Children’s Information. The Services are directed to individuals at the age of 18 and over. We do not knowingly collect personal data from individuals under the age of 18. If we become aware of individuals who have provided us with personal data and are under the age of 18, we will take steps to deactivate the account and delete the personal data. If you become aware of information from individuals under the age of 18 which has been provided to us, please contact us in accordance with the “Contact Us” section below.

 

14.       Contact Us. If you have any questions or concerns about our Privacy Policy, please contact us via email at info@figlearning.com.