Privacy Policy

1.1 General

This Privacy Policy describes how Protoqual Learning Systems, LLC (referred to as “we”, “our”, “us”) collects, uses, and stores your information. This privacy policy, together with our General Terms of Use (“Terms of Use”) and, if you are a registered user, the service agreement between us and your organization (the “Service Agreement”) separately agreed and incorporating this policy, establishes the legal terms and conditions of the agreement between us governing the submission of information and our use of it in providing our services. By using our website or registering as a registered user, you agree to be bound by this policy and to allow the uses of your information set forth in this policy. We will indicate within the registration processes of our products and services and other registration forms what types of personal information are required and those that are requested. You may choose not to submit the requested information, but that may limit or prohibit the services that Protoqual is able to provide to you.

1.3 Arbitration.

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.

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
(d) For location-aware Services, the region, city or town where your device is located or where your organization is located in order to provide you with more relevant content for where you are in the world. We collect this data through our servers and the use of cookies and other technologies. Cookies are small text files that can be read by a web server in the domain that put the cookie on your hard drive. We may use cookies and other technologies to store your preferences and settings, help you with signing in, provide targeted ads and analyze site operations. You can control cookies through your browser’s settings and other tools. However, if you block certain cookies, you may not be able to register, login, or access certain parts or make full use of our service.

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.

If you access a third-party application on our service through a license agreement with the licensor of that application, personal information relevant that third-party application may be shared with the licensor so that it can provide you access to the application, subject to the terms of its license agreement and privacy policy.

4.3 Our Service Providers

Dependent on the services provided, we share information with our service providers, suppliers, agents and representatives, including payment processors, customer support, email service providers, event venues and service providers, IT service providers, marketing service providers, research providers, mailing houses and shipping agents, to process the information as necessary to provide our service, complete a transaction or fulfill your request or otherwise on our behalf based on our instructions and in compliance with this privacy policy and any other appropriate confidentiality and security measures.

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.

9.1 E-mail

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.
(b) To withdraw your Opt-In, request a free paper or email copy of the Opt-In, or to update our records with your contact information, please contact us at privacy@protoqual.com. This Privacy Policy still will apply if you withdraw 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.
(d) If you Opt-In, message and data rates may apply. Unless otherwise noted, we may send multiple, recurring messages. We may terminate any text message portion of our service or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but this Privacy Policy will still apply. For services operated through a short code, you can get help by texting HELP to that short code, and you can opt out by texting STOP to that short code. For Text Message Services operated through a different number, text HELP to that number for help and STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a texted request to clarify the text message service to which it applies (if you have more than one). You consent to these texts by Opting In. To complete your opt-out, please provide the requested clarification.