Protoqual Learning Systems, LLC
IMPORTANT: BY REGISTERING AS A USER, YOU ARE AGREEING TO MANDATORY ARBITRATION OF ANY DISPUTES UNDER THE TERMS OF THE SERVICE AGREEMENT BETWEEN US AND THE ORGANIZATION WHICH HAS ALLOWED YOU TO REGISTER. THIS WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY REGISTERING AS A USER, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. For more details, contact the organization that has allowed you to register as a user.
1.2 Only Adults Resident in the United States Are Eligible to Use Our Services.
You may not use our services unless you are an adult resident of the United States of America and access the service in the United States of America. Without limiting the foregoing, we do not engage in any processing activities that are related to the offering of goods or services to data subjects residing in the European Union. Accordingly, our services are not available to any person resident in the European Union or any person accessing it under the jurisdiction of the European Union.
Information We Collect
We collect information about you in three ways: directly from your input, from third-party sources, and through automated technologies.
2.1 Data You Provide to Us.
The types of personal information that we collect directly from you depends on how you interact with us and our services, which may include:
(a) Contact details, such as your name, email address, postal address, social media handle, and phone number;
(b) Account login credentials, such as usernames and passwords and similar security information;
(c) Other account registration and profile information, such as job title, educational and professional background and qualifications, and photo;
(d) Payment information, such as a credit or debit card number;
(e) Comments, feedback and other information you provide to us, including search query data and questions or information you send to customer support; and
(f) Interests and communication preferences, including preferred language.
2.2 Data From Your Organization.
We may obtain personal information about you from the organization with which you are employed or affiliated in order to activate and manage your access to and use of the organization’s subscription to our service, including:
(a) Contact details, such as your name and organizational email address, postal address, and phone number;
(b) Other account registration information such as job title; and
(c) Organizational user ID.
2.3 Data From Other Sources.
We also may obtain contact details and other information about you from our affiliates and from other third parties, including:
(a) Social networks when you grant us permission to access your data on one or more networks;
(b) Service providers that help us determine a location in order to customize our service or certain products to your location;
(c) Businesses with which we offer co-branded services or engage in joint marketing activities; and
(d) Publicly-available sources and data suppliers from which we obtain data to validate or supplement the information we hold.
2.4 Data From Service Use, Including Cookies
The Service may automatically collect information about how you and your device interact with our service, including:
(a) Computer, device and connection information, such as IP address, browser type and version, operating system and other software installed on your device, mobile platform and unique device identifier and other technical identifiers, error reports and performance data;
(b) Usage data, such as the features and resources you used (including time stamp and other behavioral data with respect to your usage), the settings you selected and your URL click stream data;
(c) For educational Services, the course modules and test questions you view, answer or complete; and
How We Use Your Information
Depending on how you interact with us and our service, we use your personal information to:
(a) Provide, activate and manage your access to and use of our service;
(b) Process and fulfill a request, order, download, subscription or other transaction;
(c) Provide technical, product and other support and to help keep our service working, safe and secure;
(d) Enhance and improve our service and our other products and services and to develop new products, services and benefits;
(e) Offer you customized content and other personalization to make our service more relevant to your interests and geography;
(f) Respond to your requests, inquiries, comments and concerns;
(g) Notify you about changes, updates and other announcements related to our service and our other products and services;
(h) Deliver targeted advertisements, promotional messages, notices and other information related to our service and your interests;
(i) Provide you with promotional messages and other information about products and services of ours, our affiliates and third parties;
(j) Invite you to participate in user testing and surveys as well as drawings, sweepstakes, competitions and similar promotions;
(k) Identify usage trends and develop data analysis, including for purposes of research, audit, reporting and other business operations, including determining the effectiveness of our promotional campaigns and evaluating our business performance, or in other ways pursuant to a [customer agreement]; and
(l) Comply with our legal obligations, resolve disputes, and enforce our agreements.
Sharing of Your Information
4.1 Your Organization.
If you access our service through a subscription administered by your organization, your personal information and certain usage data gathered through our service may be accessed by or shared with the administrators authorized by your organization for the purposes of usage analysis, subscription management and compliance, training course progress, performance and remediation, cost attribution and departmental budgeting.
4.2 Application Licensor.
4.3 Our Service Providers
4.4 Social Media
Our service may include, from time to time, social media features, such as Facebook and Twitter buttons and widgets, such as “share” buttons or interactive mini-programs that run on our site. These features may collect your IP address, which page you are visiting on our site, and may store information to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our service.
4.5 Your Choices
We may share your personal information with our affiliates and with sponsors, joint venture entities and other third parties, including entities for which we are acting as an agent, licensee, application host or publisher, that wish to send you information about their products and services that may be of interest to you, as determined by your choices in managing your communications preferences and other settings. The Service may let you post and share personal information, comments, materials and other content. Any such contributions that you disclose publicly may be collected and used by others. Please be careful when disclosing personal information in these public areas.
4.6 Other Information
Automatically collected non-personally identifiable information may be aggregated and disclosed without restriction. We may aggregate your information with that of other users for any purpose, including analyzing and improving our services to all users and we may share that aggregate information publicly, including to show trends about the general use of our services with the press, in our marketing materials or with our business partners, so long as we do not in the process disclose to any third parties any of your personally identifiable information in a manner that is readily personally identifiable to you. We may collate or connect non-personally identifiable information with your personal information, in which case the resulting personally identifiable information will be treated as personal information.
4.7 For Legal Reasons
We also will disclose your personal information if (a) we have a good faith belief that such disclosure is necessary to meet any applicable Legal Requirement, detect, investigate and help prevent security, fraud or technical issues, or protect the rights, property or safety of Protoqual, our users, employees or others; and (b) as part of a corporate transaction, such as a transfer of assets to or an acquisition by or merger with another company.
We retain your personal information for as long as necessary to provide our service and fulfill the transactions you have requested, or for other essential purposes such as complying with our legal obligations, maintaining business and financial records, resolving disputes, maintaining security, detecting and preventing fraud and abuse, and enforcing our agreements. If you access our service through a subscription administered or sponsored by your organization, we retain your organizational contact details after the termination of your organization’s subscription to continue to communicate with you and we may retain your personal information as part of your organization’s account, even after your association with that organization has terminated. Information stored in routine backups may also be retained for the period those backups are retained in the ordinary course of business.
Locations of Processing
Your personal information may be stored and processed outside of your jurisdiction of residence.
We use reasonable methods, consistent with industry practices, to protect the confidentiality of your information, including administrative, physical and technical methods. Information you submit to or receive from our Service is sent using an encrypted TLS (SSL) connection. No method of transmission over the internet is completely secure and no method of protecting information is completely secure. Therefore we cannot and do not guarantee the security of your information.
We do not knowingly collect information from children under the age of 13 or target our service to children under 13. If you are under 18 years of age and reside in California, you have the right to request and obtain removal of, content or information posted on our website by you. To do so, contact us at firstname.lastname@example.org. The removal described under this Section 8 does not ensure complete or comprehensive removal of the content or information posted on our website by you.
Your Communications Preferences
When you register as a User, you consent to receive email messages from us. You may modify this consent later by visiting the User Profile Page in the application while logged in. At any time you can choose to no longer receive commercial or promotional emails from us by following the instructions in the User Profile Page. You also will be given the opportunity, in any commercial email that we send to you, to opt out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you transactional and relationship emails, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them. Please note that changing information in your account, or otherwise opting out of receipt of promotional email communications, will only affect future activities or communications from us. If we have already provided your information to a third party (such as a service provider) before you have changed your preferences or updated your information, you may have to change your preferences directly with that third party.
9.2 Text Messages
Our mobile applications may also deliver notifications to your phone or mobile device.
(a) By requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages (“Opting In”), you
a(i) authorize us to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your account (i.e., the number listed on your account when you Opt-In form or instructions, or, if none, the number from which you Opt-In);
a(ii) authorize us to include marketing content in any such messages. You do not have to Opt In or agree to Opt In as a condition of using our service;
a(iii) are signing your Opt-In;
a(iv) confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In; and
a(v) consent to the use of an electronic record to document your Opt-In.
(c) After Opting In, in addition to the main messages our service offers, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your Opt-In.
Accessing and Updating Your User Information
The Service may allow registered users to directly access and review their account information and make corrections or updates on login at any time. Keeping such information up to date is the responsibility of the user. Registered users may also close their account directly through our service or by contacting customer support, subject to any requirements of the organizational customer under which the user has registered for an account.
Last updated: 11/05/23