1. The Basics
“Affiliate” means an entity that directly or indirectly Controls, is Controlled by or is under common Control with an entity.
“App” means LearnUp’s software/mobile applications.
“CCPA” means the California Consumer Privacy Act of 2018.
“Children” means U.S. children under age 13 and children outside the U.S under age 16.
“Control” means an ownership, voting or similar interest representing fifty percent (50%) or more of the total interests then outstanding of the entity in question. The term “Controlled” shall be construed accordingly.
“EEA” means the European Economic Area.
“EU” means the European Union.
“LearnUp” means Predict Systems Sp. Z o.o., a company registered at Wittiga 8/T19, 51-628 Wrocław
“Personal Information” means any information that identifies or can be used to identify an individual directly or indirectly. Examples of Personal Information include, but are not limited to, first and last name, date of birth, email address, gender, occupation, or other demographic information.
“School Services” means the products that are offered to schools and teachers in LearnUp and LearnUp for Teachers.
“Services” means the LearnUp services, including any software, that are available on our platform.
“Service Usage Data” means information we gather automatically through your use of the Services and as further detailed in the “Personal Information we process” section below.
“Student Data” means Personal Information that LearnUp processes about students on a school or teacher´s behalf as authorized by the school for the provision of the School Services.
“T&C” means the LearnUp terms and conditions available here.
“Third Country” means any non-EU/EEA country
“Third Party Applications” means websites and services delivered by third parties that are integrated in the Services and Resources in order to make certain features, content, products and/or services available to you.
“User”, “you” and “your” means any person or entity that uses our Service(s).
“Visitor” means, depending on the context, any person who visits any of our LearnUp Websites, offices, or otherwise engage with us at our events or in connection with our marketing or recruitment activities.
2. Personal Information we process
The Personal Information we process depends on the context of your interactions with LearnUp, your LearnUp account settings, the products and features you use, your location, and applicable law. However, the Personal Information we collect broadly falls into the following categories:
Information you provide to us: You may provide certain Personal Information to us when you sign up for a LearnUp account and use the Services, consult with our customer service team, send us an email, integrate the Services with another website or service (for example, when you choose to connect your Google account with LearnUp or communicate with us in any other way. This information may include:
- Contact details such as your name, e-mail address, mailing address, telephone number and job title of the contact person of Users (for example businesses or educational institutions);
- Account log-in credentials such as your email address or username and password when you sign up for an account with us;
- Account holder information such as your location, interests, picture, organization, title/position, age, what LearnUp groups you are part of and who you interact with by using the Services.
- Troubleshooting and support data, which is data you provide, or we otherwise collect in connection with support queries we receive from you. This may include contact or authentication data, the content of your chats and other communications with us, and the product or service you are using related to your help inquiry; and
- Payment information and other financial information that we/our payment processors need in order to provide the Services.
- Communication data. Several of our Services let you share information with other people, and you have the control over what you share and with whom you share. For example, when signed in and interacting with certain LearnUp Services, such as leaving comments on the Websites, you may disclose Personal Information to us and the general public. We strongly advise that you limit the disclosure of Personal Information through, for example, comments. Remember, when you share Personal Information publicly, for example through the comment section on our Website, the information you disclose may become publicly available and accessible through search engines.
Information we collect automatically:
While using LearnUp, you will submit information and content to your profile. We will also generate data about your use of our Services including your engagement in educational activities on the Service, or your sending of messages and otherwise transmitting information to other users (“Activity Data”). We also collect technical data about how you interact with our Services. In some countries, including countries within the EEA, this information is considered Personal Information under applicable data protection laws. Activity Data may include:
- Browser or device information which is collected through your device, such as Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, internet browser type and version and version of the Services (such as the App) you are using.
- Usage data which is collected whenever you interact with our Service. This may include the dates and times you access the Services and your browsing activities (such as what portions of the Service you used). We also collect information regarding the performance of the Services, including metrics related to the deliverability of emails and other communications you send through the Service. If you are using our App, we may collect information about how often you use the App and other performance data including: Clicks, Mouse movement, Scrolling, Typing. This information allows us to improve the content and operation of the Service and facilitate research and analysis of the Service.
- Log data whereby our web servers keep log files that record data each time a device accesses those servers and the nature of each access, including originating IP-addresses and your activity in the Services (such as the date/time stamps associated with your usage, participation in LearnUp games, results, pages and files viewed, searches and other actions you take (for example, which features you used)). We may also access metadata and other information associated with files that you upload into our Service.
- Optimization data which allow us to collect information such as location, sound intensity, mobile device gyroscope data, pupil analysis, mobile device accelerometer data allowing us to profile circumstances related to learning effectiveness.
- Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some Services to, among other things, track the actions of our Users, measure the success of marketing campaigns and compile statistics about usage of the Services and response rates.
Information we collect from other sources: From time to time, we may collect Personal Information about you from other sources, such as our Partners, integrations or other third parties, for example where you have given permission to the third party to share your information with us.
3. Use of Personal Information
We may use your Personal Information which we collect for the purposes and on the legal bases identified below:
Provide the Services. This means using your Personal Information in order to provide the Services’ functionality to you, such as arranging access to an account, responding to your inquiries, and to allow you to utilize our various Service features, such as notifying you when a LearnUp game is shared with you or when you have been invited to join a challenge. We engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation.
Enable you to use certain features. We may automatically process your Personal Information, in reliance of our legitimate interest, in order to enable you to use certain features of our Services. Note that some of these features are only available as part of a subscription plan. If you want to remove your Personal Information in these cases, you can normally do this yourself through your account.
Support and improve the Service. Your Personal Information may be used to provide, support and improve the Services in order to perform our contract with you for the use of the Service or where we have not entered into a contract with you, in reliance on our legitimate interests in administering and improving the Service and providing certain features. For example, this may include sharing your information with third parties in order to provide and support our Service or to make certain features of the Service available to you. When we share your Personal Information with third parties, we take steps to protect your information in a manner that is consistent with our obligations under applicable privacy laws. For further information about how we share your information, refer to the “Sharing your Personal Information” section below.
Product Research and Development. We may contact you to participate in product research activities. These may include surveys, interviews, and other types of feedback sessions. When you participate in these research activities, the information you provide will be used to test, improve, and develop our products. We will record the video, audio and text transcriptions of this feedback together with any additional contact information you provide and will retain this data for two years.
Prevent abuse and misuse of the Service. In order to protect against misuse or abuse of our Services, protect the rights of our Users, ensure compliance with our T&Cs and applicable law, and to pursue available remedies, we may use your Personal Information as is reasonably necessary. For example, we may periodically review the content which our Users submit or display in order to ensure that such content complies with our T&Cs, including through automated filtering mechanisms. This benefits all Users who comply with our T&Cs, as it reduces abuse and helps us maintain a reliable platform. We use your Personal Information for this purpose in reliance on our legitimate interest to safeguard from abuse and misuse of the Service.
Comply with legal obligations. We may use your Personal Information in order to comply with requests by public authorities, court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms. This includes Personal Information necessary to provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements in reliance on our legitimate interests, and Personal Information necessary to prosecute and defend a court, arbitration, or similar legal proceeding.
Optimization and personalization of the Service. Personal Information may be used to provide you with suggestions and provide you with tailored features within our Services that optimize and personalize your experience. Use of your Personal Information is in reliance on our legitimate interests in administering the Service and providing certain features.
Data analytics. Your Personal Information may be used to perform data analytics in reliance on our legitimate business interests in improving and enhancing our products and services for our Users. For example, we use analytics data to enable product recommendation, audience segmentation, and predicted demographics features for our Users.
Personalization of the Service. Personal Information may be processed in order to personalize the Service, content and advertisements we serve to you in reliance on our legitimate interests in supporting our marketing activities and providing certain features within the Service.
Aggregated and anonymized data. User’s Personal Information may be used to combine and anonymize data about our Users and our User’s use of the Service in order to create aggregate, anonymized statistics which we may use to provide certain features within the Service and for promoting and improving the Service in reliance on our legitimate interests.
We do not sell Personal Information and we do not share Personal Information with third parties for marketing purposes. For purposes of CCPA, and in section 12 below, ´sale´ means the disclosure of Personal Information for monetary or other valuable consideration but does not include, for example, the transfer of Personal Information as an asset that is part of a merger, bankruptcy, or other disposition of all or any portion of our business.
4. Third-Party Applications and websites
5. Your Data Protection Rights
Know your rights
Depending on the jurisdiction in which you reside, you may have the following data protection rights:
- To access; correct; update; port; delete; restrict; or object to our processing of your Personal Information.
- You may have the right to lodge a complaint with your applicable data protection authority regarding our collection and use of your Personal Information. Please contact your local data protection authority for more information. Contact details for data protection authorities within the EEA and UK are available here and Switzerland are available here.
- If Personal Information is collected or processed on the basis of consent, you may have the right to withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
- LearnUp supports our school customers in providing parents and eligible students with access to their Personal Information and in fulfilling other requests that parents and eligible students may make to access their data. Please also see the section about our processing of Personal Data about Children below.
Please note that the above rights may be subject to exceptions and limitations. In addition, we may disclose information to the extent that we are required to do so by law (which may include to government bodies and law enforcement agencies); in connection with any legal proceedings or prospective legal proceedings; and in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention).
Exercise your rights
You can manage your individual account and profile settings through your LearnUp account, including contact information, payment details, preferences, or you can contact us directly by emailing us at firstname.lastname@example.org. LearnUp takes reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete and up to date.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection law. We may ask you to verify your identity in order to help us respond efficiently to your request.
6. Sharing your Personal Information
We do not share Personal Information with third parties except in the limited circumstances outlined below.
- Affiliates. We may share and disclose your Personal Information with the third party companies for our legitimate business purposes or to provide services that may include one or more of our Group Companies.
- Advertising partners: LearnUp may cooperate with third party advertising platforms and social media channels to promote our Services, both on our Websites and third-party websites. To this effect, we may share limited Personal Information of our Users to achieve this purpose. Notwithstanding the above, we never share information about Children for the purposes or with the parties described in this section.
- Public institution(s). Any competent law enforcement body, regulatory body, government agency, court or other third party where we believe disclosure is necessary (a) as a matter of applicable law or regulation, (b) to exercise, establish, or defend our legal rights, or (c) to protect your vital interests or those of any other person.
- Any other person with your consent.
Regardless of the above, LearnUp does not sell Personal Information and we will never share or sell Student Data for marketing purposes.
We may also share anonymized, aggregated information with selected third parties for statistical purposes.
We are responsible for the data privacy of the service providers we may share Personal Information with. LearnUp only uses service providers that have data protection and security standards consistent with our own. Our service providers are not permitted to use Personal Information they process on our behalf for any other purposes than as needed to carry out their work for us. We enter into written agreements with all of our service providers restricting the use of Personal Information and imposing the same level of privacy, confidentiality and information security that apply to LearnUp.
7. Our Security
LearnUp maintains a comprehensive security program designed to protect the security, privacy, confidentiality and integrity of Personal Information within our organization. We have in place appropriate and reasonable technical and organizational measures designed to protect Personal Information from loss, misuse, unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the Personal Information. Our security measures include data encryption, firewalls, data use, and access limitations for our personnel and service prividers, and physical access controls to our facilities. Our service providers that process payment data, maintain the applicable Payment Card Industry (PCI) compliance levels.
If you have any questions about the security of your Personal Information, you may contact us at email@example.com
8. International Transfers
We collect information globally and may transfer, process and store your information outside of your country of residence, to wherever we or our third-party service providers operate for the purpose of providing you the Services. This may involve countries where the data protection, privacy rights and other laws may not be as comprehensive as in your country. Whenever we transfer your information, we take steps, including preventive measures, designed to protect your Personal Information.
For all international transfers, both within the LearnUp Group or to our sub-processors, we ensure that the recipient of your Personal Information offers an adequate level of protection by entering into appropriate agreements. All international transfers are made on the basis of the EU Commission approved standard contractual clauses (“SCCs”).
LearnUp maintains strict organizational and technical measures to protect Personal Information stored on our, and our trusted third parties’, serves. Access to any Personal Information we process in order to provision the Services is limited through login credentials, multi-factor authentication, access on a need-to-know basis and restricted access to administrative accounts for the employees who require access in order to perform their duties towards you, such as providing support services.
If you want to know more about LearnUp´s international transfers and the measures we take to keep your Personal Information safe, please reach out to us on firstname.lastname@example.org
9. Retention of Personal Information
We do not retain Personal Information longer than necessary for the purposes for which Personal Information was collected. We retain Personal Information where we have an ongoing legitimate business or legal obligation to do so. Our retention periods will vary depending on the type of data involved, but, generally, we refer to these criteria in order to determine retention period:
- Whether we have a legal or contractual need to retain the data;
- Whether the data is necessary to provide our Service;
- Whether our Users have the ability to access and delete the data within their LearnUp accounts; and
- Whether our Users would reasonably expect that we would retain the data until they remove it or until their LearnUp accounts are closed or terminated.
When we have no ongoing legitimate business need to process your Personal Information, it will be deleted or anonymized as soon as possible and in accordance with applicable law.
10. California Consumers
We do not sell Personal Information.
The CCPA provides consumers with specific rights regarding their Personal Information. You have the right to request that businesses subject to the CCPA (which may include our Users with whom you have a relationship) disclose certain information to you about their collection and use of your Personal Information over the past 12 months. In addition, you have the right to ask such businesses to delete Personal Information collected from you, subject to certain exceptions. If the business sells Personal Information, you have a right to opt-out of that sale. Finally, a business cannot discriminate against you for exercising a CCPA right. Please see the information collection, use, disclosure, and individual rights sections above to learn about LearnUp’s practices when LearnUp acts as a “business” subject to the CCPA.
When offering services to its Users, LearnUp acts as a “service provider” under the CCPA and our receipt and collection of any consumer Personal Information is completed on behalf of our Users in order for us to provide the Service. Please direct any requests for access or deletion of your Personal Information under the CCPA to the User with whom you have a direct relationship.
When you enter the Website, we collect your browser type and your IP address (a unique address that identifies your computer on the Internet). When you use our mobile Application, we collect your device type, your device ID, and your IP address.
You can find more information about cookies and how to manage them at http://www.allaboutcookies.org.
12. Do not Track
The Service is not designed to respond to “do not track” signals sent by some browsers.
13. TrueDepth API
Our apps use automatically collected information via the device’s camera and the TrueDepth API provided by Apple. The only use of this information is to track the user’s eye movement and pupils, so we can analyze the correlation between fatigue levels, ambient natural light saturation and interaction with the app interface and the user’s learning performance. The data collected by TrueDepth API comes to us in the form of processed eyesight focus points, which do not contain the information directly collected by True Depth. Analysis of the user’s physical fatigue allows us to study the correlation between learning performance and fatigue so that individually for each user we will be able to more optimally plan the learning session taking depending on the user’s fatigue level.
14. Changes to this Policy
15. Our collection of Personal Information from Children
Collecting personal data within the Services are addressed to users over the age of 16. Therefore, LearnUp does not knowingly process personal data of persons under 16 years of age. Consents given by individuals are valid for persons over 16 years of age. If users of Services are under 16 years of age, they should not provide any information. If we become aware that a person under the age of 16 has provided us with personal data without verifiable parental consent, we will not process such data.
16. Questions & Concerns
If you have any questions or comments, or if you have a concern about the way in which we have handled any privacy matter, you may contact us on email@example.com