We collect information about you in the following ways:
We collect and maintain information that you voluntarily submit to us during your use of the Sites and Services. For example: when you register for a Site, you may provide us certain information including your name, email address, screen name, password, demographic information and the health topics that interest you; to engage a Site's social networking function, you may add to your profile (“Profile”) by providing information about your interests or health topics. For example, your Profile may list your favorite healthy foods or movie; if you are registering for a customized weight loss program, you may provide us answers to questions we use to provide you the program, like your actual and goal weights, your preferred method of exercise, or your caloric intake; if you sign up to receive a newsletter, enter a contest or participate in social networking activities, you may provide us contact information (e.g., email or physical address); if you purchase a product or service, you may provide us your credit card information; and you may provide us with Personal Information in the course of email, customer support interactions, and surveys. For example, when registering for a course or class, you may provide with your name, email, general location, telephone number or other data. You can choose not to provide us with certain information, but this may stop you from gaining access to a Service or limit the features that you can use. Transactions on Site involving your billing and payment information are processed by PayPal and Stripe and are subject to their privacy policies. We do not store any of the credit card or banking information that you provide to these payment processors. For more information, please see the How We Use Your Information section below.
Any Personal Information or content that you voluntarily disclose in public areas becomes publicly available and can be collected and used by other users for any reason. Your Profile pages and any online classrooms you participate in are typically publicly available. You have the ability to change your account settings to limit access to your Profile, and may delete content you post to public classrooms. You should exercise caution before disclosing your Personal Information via these or any other public venues.
For example, if you choose to sign up for an account, you may have a Profile on the site, containing your full name and some basic information including your location and bio. You may also add additional optional information to your Profile. You may control what type of Profile information is shown to others through your Account Settings. Any information you choose to provide as part of your Profile should reflect how much you want other Site users to know about you. We recommend that you guard your anonymity and sensitive information and we encourage members to think carefully about what information about themselves they disclose in their profile pages. You can review and revise Profile information at any time.
As you use the Site and Services, certain information may also be passively collected. Through cookies, pixels, beacons, log files, your device information, and other technologies, we may collect information about how you use the Site and the Services. For example, we may determine through an IP address that a particular computer or device is located in New York City and we may use this information to deliver advertisements promoting New York City-based businesses. This information allows us to deliver more helpful information, programs, tools, and advertisements. Please see the Cookies and Targeted Advertising sections below for more information.
We may also combine online and/or offline information received from third parties with the information we have already collected from you via our Sites and Services. The third party information is used for a variety of purposes including to verify other information about you (e.g., verify your mailing address to send you requested products or services), to conduct research and to enhance the content, services, and advertising we provide to you.
You can log on to our site using single sign-on services such as Google, Facebook, Yahoo, and Microsoft. These services allow us to authenticate your identity and provide you the option to share certain personal information with us, such as your name, email address, and contacts address book. We collect personal information from these services to the extent you authorize us to do so, and our collection, use and disclosure of this data is governed by this privacy policy. We do not share this collected data with any third party.
We will use your Personal Information in the ways described below or described at the time that the information is collected.
In general, we use your Personal Information as necessary or appropriate for purposes including to administer your account; register you and provide you access to the Site or Services; respond to inquiries or requests that you direct to us; fulfill your requests for products or services; send communications and administrative emails about the Sites or Services; personalize and better tailor the features, performance and support of the Sites and Services for your use; send you promotional/marketing information, newsletters, offers or other information regarding opportunities and functionality that we think would be of particular interest to you; improve the quality of the Site and the Services, and analyze, benchmark and conduct research on user data and user interactions with the Site and Services. We may give some or all of this information to the teachers (“Teachers”) for classes or courses that you sign up for so that they can coordinate their classes, seek feedback on classes, communicate with you, and provide you with additional services. As part of our Terms of Use, Site Teachers agree not to abuse other users' Personal Data. Abuse is defined as using Personal Data for any purpose other than those explicitly specified in the Teachers' Class. However, please understand that Teachers are not our employees or consultants and that we are not a party to any transaction between you and the Teacher. As a result, we cannot control their actions and cannot be held liable for any actions that they may take.
We believe that advertising is more interesting to you when it is relevant. Accordingly, we customize the advertisements that you see based upon: (i) the information that you provide us (e.g., age, gender, stated health interests and other information in your profile); (ii) geographic location information, which we may determine through your IP address, from your mobile device, or other ways; (iii) data we receive from third parties or; (iv) your visits on the Sites or use of Services (commonly referred to as "Behavioral Advertising"). Please see the Cookies and Targeted Advertising section below for more information on the use of cookies and the information collected for Behavioral Advertising. We may use your Personal Information to deliver customized advertising to you on this Site, on other websites and on other digital and offline media channels.
"Cookies" are small pieces of information that a website places on your browser when you visit that website. We may use cookies to provide you with more personal and interactive experience with the Sites and Services. For example, we may use cookies to control what advertisements you see, the sequence of advertisements and to make sure you don't see the same advertisement too many times. For contests or sweepstakes, we may also use cookies in order to track your progress and the number of entries in some promotions. For surveys or classes or courses, we may use cookies to help ensure that an individual can't vote more than once on a particular question or issue. We do not store Personal Information in any cookies on your computer. Cookies can be removed by following your Internet browser's directions usually within the help menu. In order to use certain Services offered through the Sites, your web browser must accept cookies. If you choose to disable cookies, some aspects of the Sites may not work properly, and you may not be able to access our Services. We may also use cookies, pixels, web beacons (which are usually small, transparent graphic images), operating system and device information and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit, the features and information for which you searched and viewed, the email you opened, or on which advertisements you clicked. This type of information is collected to make the Sites and Services more useful to you and to tailor the experience with us to meet your special interests and needs. An "Internet protocol address" or "IP Address" is a number that is automatically assigned to your computer when you use the Internet. We, or our service providers, may use your IP Address when you access the Sites or Services or use other means to assist with delivering geographically targeted advertisements.
Companies Site works with may use cookies for purposes including understanding Web usage patterns of users who see advertisements on the Sites, controlling the sequence of advertisements you see, making sure you don't see the same advertisement too many times, determining your interests and tailoring advertisements and promotions based on those interests. For example, if you read an article about a particular health condition on the Sites, we may use cookies from a vendor to later serve you an advertisement for a product related to the viewed article. These third-party vendors may connect information about the pages you visit on our Sites with information about the pages you visit on other websites and media channels and show you advertising based on this combined information. The advertisement may appear when you are visiting a different section of this Site or another website or media channel if the website or media channel also has a relationship with us or our vendor.
Advertisers or other third parties on the Sites may also engage in Behavioral Advertising and use cookies and web beacons in the manner described above. We do not control these advertisers or other parties' use of cookies or web beacons or what they do with the information they collect. Many third-party vendors that engage in Behavioral Advertising participate in the Network Advertising Initiative (NAI) and/or the Digital Advertising Alliance (DAA) and abide by NAI and/or DAA principles. If you wish to opt out of participating in advertising programs conducted by NAI and DAA members or learn more about the NAI and DAA, please go to the NAI Opt-Out website and DAA Choice Page and follow the instructions. After you opt-out, you will still see advertisements, but the advertising may not be as relevant to your interests. If you change your computer, change your browser or delete your cookies, you will need to renew your opt-out.
We may share your Personal Information with third parties as specifically approved by you or under the circumstances described below. If you do not want us to use or disclose Personal Information collected about you in the ways identified in this Policy, you should not use the Site or Services.
We may disclose and release your Personal Information to third parties: (a) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order; or (b) in special cases, such as a physical threat to you or others, a threat to homeland security, a threat to our system or network, or in any case in which we believe it is reasonably necessary to investigate or prevent harm, fraud, abuse, illegal conduct or a violation or alleged violation of this Policy or other agreement we may have with you.
We may provide your Personal Information to service providers who work on our behalf or help us to operate our business, the Sites and the Services. Examples of such service providers include vendors and suppliers that provide us with technology, research, and/or marketing assistance; provide services and/or content for sending email and providing customer service; analyze data, serve advertisements on our Sites and Services and on third-party channels; and process payments (including credit card payments). This may also include class teachers and course instructors. Access to your Personal Information by these service providers is limited to the information reasonably necessary to perform its limited function.
We may share Anonymous Information about you with third parties for any purpose. Personal Information that has been aggregated with the Personal Information of other users in a way that does not identify you as an individual shall be treated as Anonymous Information.
Some or all of the information collected during promotions, contests, surveys, or sweepstakes (“Promotions”) may be disclosed publicly. It may also be shared with other third parties as disclosed at the time of collection or in the Promotion rules. These third parties may include providers of prizes in order to update you of the status of your prize or other fulfillment needs or a co-sponsor who may use your Personal Information to administer the Promotion or for their marketing purposes, but only in conformance with their privacy policy as made available to you at the time of collection. LearnDesk is not responsible for their privacy policy or practices. When you participate in a Promotion, you are subject to any official rules for that Promotion, which may contain additional information about the specific privacy practices associated with the Promotion.
Some of the Sites may be websites that LearnDesk operates on behalf of Licensors. LearnDesk may share some or all of your Personal Information with its Licensors. This Policy does not cover the use of your Personal Information by Licensors. The privacy practices of LearnDesk's Licensors may differ from this policy and we encourage you to contact those third parties directly if you have questions regarding their use of your Personal Information.
We may collect Personal Information about you and share it with third parties to the extent that you give us permission at the time of collection. For example, if you purchase a deal, product, or service, we will provide your information to the applicable merchant or vendor. We also sometimes gather Personal Information on behalf of a sponsor in association with a promotion. In such a case, we will provide you notice at the time of collection that the information is being collected on the sponsor's behalf. We do not control and are not responsible for how these third parties use your information.
We may use your Personal Information to match it with other public and private data sources in order to enhance our records or enhance our ability to provide products and services, such as appending additional information to your profile. We may also share your Anonymous Information with other parties who already possess your Personal Information in order to enhance their records about you or enhance their ability to provide products and services.
We may provide you with the ability to interact with your existing social media accounts, such as Facebook or Twitter. These features may enable integration and/or access to your social media accounts. We do not control those social media services, your profiles on those services, your privacy settings on those services or establish rules about how your information on those services will be used. You and the social media service providers are in control of those issues, not Site. You are encouraged to read all policies and information on the applicable social media services to learn more about how they handle your information before using any such features made available to you through our Site. We are not responsible for any acts or omissions by any social media service provider or your use of features on their platforms.
We may share your Personal Information with any of our subsidiaries, joint ventures, or other companies under common control. Additionally, in the event, we go through a business transition such as a merger, acquisition by another company, the sale of all or a portion of our assets or as part of a bankruptcy proceeding, your Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Policy.
We may make message boards, chat rooms, and other interactive forums available as part of the Services. You should be aware that any information which you post to these interactive forums or otherwise choose to make publicly available, including your Personal Information, may be disclosed and available to all users who have access to that portion of the Site or Services. By using these interactive forums, you agree that we are not responsible for any information that you disclose or communicate in such forums, and any disclosures you make are at your own risk.
The Site and Services are not directed or intended for children under 13 years of age. We do not knowingly collect Personal Information from individuals under 13 years of age. If you are under 13 years of age, you should not register or provide Personal Information on the Site or through the Services. If you are the parent or guardian of a child whom you believe has disclosed Personal Information to us, please contact us at support@learndesk.us so that we may delete and remove such child's information from our systems.
We offer you choices regarding the collection, use, and sharing of your Personal Information. When you receive promotional communications from us you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the promotional email or newsletter you receive or by editing your preference to receive these communications within the "Manage My Email" or similar feature on the individual Sites when you are logged in as a registered user. You can update or correct your Personal Information by logging in and clicking on your user name at the top of the Site to access the "Profile" section. If you no longer wish LearnDesk to use or share your Personal Information in accordance with this Policy or you no longer desire to use or access this Site, you can also remove your Personal Information from the "Profile" section of the Site. Keep in mind, however, that even if you delete information from your profile, we may retain your Personal Information in conformance with our data retention policy and Personal Information may remain within our databases, access logs, and other records. In addition, we are not responsible for updating or removing your Personal Information contained in the lists or databases of third parties who have been provided information as permitted by this Policy.
In the event that a minor under the age of 18 in California use the Site, the minor may request that LearnDesk remove content or information posted by the minor on the Site by sending an email to support@learndesk.us. However, such removal may not remove all traces of such posting everywhere online, since content or information may have been shared by others. Be aware that Site may not have to comply with this removal requirement if: (i) federal or state law requires that we maintain the content or information; (ii) the content was stored or posted (or reposted) by a third party other than the minor contacting Site; (iii) we anonymize the content or information so that the minor cannot be identified; (iv) the minor received compensation or other consideration for providing the content; or (v) the minor does not follow the instructions in this section.
The Site and Services are hosted in the United States. If you are accessing the Services from the European Union, please see the section titled “Transfers of Personal Data” in the EU Privacy Notice below. If you are accessing the Services from any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Services, which is governed by United States law, this Privacy Policy, and our Terms of Service, you are transferring your Personal Data to the United States and you consent to that transfer.
California Civil Code Section 1798.83 permits users of the Services who are California residents to request certain information regarding its disclosure of Personal Data to third parties for their direct marketing purposes. To make such a request, please send an email with 'California Privacy Rights' in the heading to support@learndesk.us.
Certain portions of the Sites may be co-branded with a business partner and subject to a different privacy policy that is either the partner's privacy policy or a privacy policy developed jointly by LearnDesk and our partner (collectively the "Co-branded Policy"). The partner's collection, use and dissemination practices regarding any data or Personal Information provided by, or obtained from users of these Co-branded portions of the Sites will be governed by the Co-branded Policy. Please read the Co-branded Policy for each Co-branded Site before providing any Personal Information.
The Site may link to websites operated by third parties that we do not control. We do not monitor, control, or endorse the information collection or privacy practices of any third parties. We encourage you to become familiar with the privacy practices of every website you visit and to contact them if you have any questions about their respective privacy policies and practices. This Policy applies solely to information collected by us through the Sites or Services and does not apply to these third party websites. The ability to access information of third parties from the Sites or Services, or links to other websites or locations, is for your convenience only and does not signify our endorsement of such third parties, their products, services, websites, locations or their content.
We place a priority on the security of Personal Information, and we undertake reasonable security measures to help protect the data that resides on our servers. We also use secure server software (SSL) to encrypt the payment information you provide in connection with a financial transaction between you and LearnDesk that occurs on the Site. However, no security system is impenetrable. We do not warrant the security of our servers, nor do we warrant that your information, including Personal Information, will be completely secure or not be intercepted while being transmitted over the Internet.
If you have any questions regarding privacy or this Policy, you may contact us as follows:
Email: support@learndesk.us
We reserve the right to change, modify, add or remove portions of this Policy at any time and without prior notice, and any changes will become effective immediately upon being posted unless we advise you otherwise. Your continued use of the Site or Services after this Policy has been amended shall be deemed to be your continued acceptance of the terms and conditions of the Policy, as amended. We encourage you to bookmark this Web page and review this Policy regularly.
If you are located in the European Union (“EU”), the United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data.
For this EU Privacy Notice section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but, in addition to the information identified in the Privacy Policy as Personal Data above, “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. Site will be the controller of your Personal Data processed in connection with the Services. 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.
We collect Personal Data about you when Personal Data about you is automatically collected in connection with your use of our Services or you provide such information directly to us. We may also collect Personal Data about you when third parties such as our service providers or business partners provide us with Personal Data.
Information we collect directly from you: We receive Personal Data directly from you, including but not limited to:
Information we receive from third-party sources: Some third parties provide us with Personal Data about you, such as the following:
Information we automatically collect when you use our Services: Some Personal Data is collected automatically when you use our Services. This may include:
We process Personal Data to operate, improve, and personalize our Services. For example, we use Personal Data to:
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases include contractual necessity, consent, and to protect our “legitimate interests” or the legitimate interest of others, as described below.
We share Personal Data with third party service providers who work on our behalf. They provide us with services related to the purposes described in this Privacy Policy or our Terms of Service. These may include:
We also share Personal Data with third party providers when necessary to complete a product or service you have requested. This may include a transaction initiated or authorized by you. These may additionally include:
We also share Personal Data when we believe it is necessary to:
If you give us consent to do so, we also share information with third parties. In the event that we get acquired by a different entity, you acknowledge that we may transfer your Personal Data to the acquirer. You also acknowledge that the acquirer may continue to use your Personal Data.
We retain some information in a depersonalized or aggregated form but not in a way that would identify you personally. We retain Personal Data for as long as you have an open account with us or as otherwise necessary to provide you Services. We retain Personal Data for a longer duration, if doing so is necessary to comply with legal obligations, to resolve disputes or to collect fees owed, or is otherwise permitted or required by applicable regulations.
What Security Measures Do We Use? We seek to protect Personal Data using appropriate measures based on the type of Personal Data and applicable processing activity.
Personal Data of Children: We do not knowingly collect or solicit Personal Data from anyone under the age of 13.
Please note that in some circumstances, we may not be able to fully comply with your requests for Personal Data, such as if it is extremely impractical or frivolous, if it jeopardizes the rights of others, or if it is not required by law. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if deemed necessary.
The Services are hosted and operated in the United States (“U.S.”) through Site and its service providers, and 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 Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Site in the U.S. and will be hosted on U.S. servers, and you authorize Site to transfer, store and process your information to and in the U.S., and possibly other countries. You hereby consent to the transfer of your data to the U.S. as set forth herein.
Site is committed to the Principles of the EU-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce regarding the collection and use of Personal Data transferred from the EU. These Principles are:
The Privacy Shield Principles require that we remain potentially liable if any third party processing Personal Data on our behalf fails to comply with these Privacy Shield Principles. This is limited to the extent we are not responsible for the event giving rise to any alleged damage.
Site’s compliance with the Privacy Shield is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. Please visit https://www.privacyshield.gov/ for more information about the Privacy Shield Program.
You may contact us at support@learndesk.us with any questions or concerns relating to the Privacy Shield. If you do not receive timely acknowledgment of your Privacy Shield-related complaint from us, or if we have not resolved your complaint, you may also resolve a Privacy Shield-related complaint through JAMS, an alternative dispute resolution provider located in the United States.
You can visit https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim for more information or file a complaint, at no cost to you. Under certain conditions, you may also be entitled to invoke binding arbitration for complaints not resolved by other means.
Please contact us using the email address: support@learndesk.us