1. COOKIES POLICY
1.2. What is a Cookie?
A cookie is a small file that is placed onto your device and that is managed by your browser. Cookies were designed for websites to remember information (such as items in a shopping cart) and enable our Site or Services to function. For example, cookies enable us to identify your device and enable you to easily share content on our Site and Services and help us serve relevant ads to you.
1.4. The Types of Cookies We Use
We use two types: persistent cookies and session cookies. A persistent cookie helps us recognize you as a user. After you sign in, a persistent cookie stays in your browser and will be read by our site when you return to the site. Session cookies only last for as long as the session (usually the current visit to a site or a browser session).
1.5. How Cookies Are Used for Advertising Purposes
Cookies combined with ad technology such as web beacons, pixels, and anonymous ad network tags help us serve relevant ads to you more effectively. They also help us collect aggregated auditing, research, and reporting for advertisers. Pixels, which are invisible tags placed on our Site, help us understand and improve our service, show you ads, and know when content has been shown to you. Please note that because our pages include advertisements, your web browser may request advertisements and web beacons directly from ad network servers, and these networks can view, edit, or set their own cookies, just as if you had requested a web page from their website.
1.6. How You Can Manage Cookies
Last Updated: June 17, 2020
2. COPYRIGHT POLICY
In accordance with the Digital Millennium Copyright Act of 1998 (" DMCA"), we shall respond expeditiously to all claims of copyright infringement that are committed using our Site or Services and are properly reported to our "Copyright Agent" as set forth below.
If you are a copyright owner or authorized to act on behalf of a copyright owner or under an exclusive right, you may report a claim of the alleged copyright infringement on our Site or through our Services by sending us an DMCA notice ("DMCA Notice").
Upon receipt of the DMCA Notice, we, in our sole discretion, shall take whatever action we deem appropriate including removal of the infringing material from our Site or Services. The DMCA Notice must contain the following:
number and email;
o "I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
o "I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed."
Please deliver the DMCA Notice to our Copyright Agent (and if by email, with the subject line "DMCA Complaint") to:
Ruberto, Israel & Weiner, P.C
Attn: Eric Sigman
255 State Street
Boston, MA 02109
Only DMCA Notices should go the Copyright Agent. Any other feedback, comments, requests for technical support and other communications should be directed to the applicable Representative. You acknowledge if you fail to comply with all of the above requirements, your DMCA Notice may not be valid.
Last updated: June 17, 2020
3. LIQUIDATED DAMAGES POLICY
3.1. "Item of Content" means each and every instance of Content of any type posted to, stored on or transmitted via our Site and Services by any User (or any other third-party in any manner). For example, each single post to our Site and Services (including but not limited to any ad, comment, flag or message posted), each single data file stored on our Site and Services (including but not limited to any account information, text, code, images, video or binary file), and each single communication transmitted via our Site and Services (including but not limited to any email or response to an email) is a single "Item of Content." Each Item of Content shall be considered and treated as an individual, discrete "Item of Content" even if it contains the same or substantially similar content as one or more other Items of Content.
3.4. "Attempt" shall be defined pursuant to California law.
3.6. $100 Per Item of Content. You agree to pay $100 per Item of Content posted or stored on, or transmitted via our Site and Services either by you or on your behalf: (a) that offers, promotes, advertises or provides links to unsolicited products or services [except that the content described in Section 4(g) of this Policy shall be subject to liquidated damages as provided in Section 4(g)]; (b) that violates guidelines for particular categories or services; or (c) for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner and under any circumstance [including but not limited to ads, emails and other communications with Users of the service].
Liquidated damages under this Section 2 are in addition to liquidated damages that may be applicable pursuant to other sections of this Policy and are agreed to be a reasonable estimate of our actual damages for such violation described in this Section 2 in addition to the liquidated damages incurred by us set forth elsewhere in this Policy.
3.7. $100 Per Account/Instance. You agree to pay $100 per Account/Instance of Unauthorized Conduct: (a) if you create, maintain or use at any time more than one Account to post content; (b) if you create one or more Accounts for or on behalf of another; (c) if you permit, enable, induce or encourage someone else to create one or more Accounts on your behalf; (d) if you use other users' Accounts (with or without their knowledge or consent) (including but not limited to your use of any Account you purchase or otherwise do not personally create); (e) for any Account you purchase, offer, market, sell, or distribute; (f) for any Account you create for another; (g) for any Account you create by any automated means; (h) if you use any Accounts created in circumvention of any technological restriction or security measure in the Account creation process; (i) if you create any Accounts in circumvention of any technological restriction or security measure in the Account creation process; (j) for any product, software, or tool (including but not limited to CAPTCHA credits) you acquire, purchase, offer, market, sell, or distribute, that facilitates circumvention of any technological measure implemented by us to restrict the manner in which content may be posted on the service or to regulate the manner in which content may be transmitted to other users; (k) if you collect users' personal information (including but not limited to email addresses, IP addresses and telephone numbers), or (l) for any activities (including but not limited to posting voluminous content) that are inconsistent with use of the service in compliance with the TOU or that may impair or interfere with the functionality, performance or quality of all or any part of the service in any manner.
Liquidated damages under this Section 3 are in addition to liquidated damages that may be applicable pursuant to other sections of this Policy and are agreed to be a reasonable estimate of our actual damages for such violation described in this Section 3 in addition to the liquidated damages incurred by us set forth elsewhere in this Policy.
Liquidated damages under this Section 4 are in addition to liquidated damages that may be applicable pursuant to other sections of this Policy and are agreed to be a reasonable estimate of our actual damages for such violation described in this Section 4 in addition to the liquidated damages incurred by us set forth elsewhere in this Policy.
3.9. $25,000 Per Instance of Unauthorized Conduct. Technology can be misused to facilitate harm to our Site and Services, Users, and/or our business on a massive scale. Accordingly, you agree to pay $25,000 per Instance of Unauthorized Conduct that includes: (a) copying, aggregating, displaying, distributing or creating derivative use of our Site or Services or any Content posted on our Site and Services [including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds]; (b) access to or use of our Site or Services to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute, or otherwise make available any program, application or service [including but not limited to any device, technology, product, computer program, mobile device application, website, and mechanical or personal service] that enables or provides access to, use of, operation of, or interoperation with our Site and Services [including but not limited to accessing Content, posting Content, responding to Content, transmitting Content, creating Accounts, using Accounts, circumventing security measures or flagging Content]; or (c) decompiling, disassembling or reverse engineering all or any part of our Site or Services in order to identify, acquire, copy, or emulate any source code or object code.
Liquidated damages under this Section 5 are in addition to liquidated damages that may be applicable pursuant to other sections of this Policy and are agreed to be a reasonable estimate of our actual damages for such violation described in this Section 5 in addition to the liquidated damages incurred by us set forth elsewhere in this Policy.
Last updated: June 17, 2020
EDUGION, INC. ("EDUGION," "we," " us," or "our") operates the website, www.edugion.com ("Site"), and provides products and services through mobile and other applications ("Services ").
4.1. Data Controller and Contracting Parties
For the purposes of the General Data Protection Regulation 2016/679 ("GDPR"), the Data Controller is Edugion, Inc., registered in the State of Delaware, United States, with a registered address of 50 Terminal Street, Suite 128, Charlestown, MA 02129.
You can contact our Data Protection Officer by sending an email to: email@example.com or by writing to:
Ruberto, Israel & Weiner, P.C.
Attn: Eric Sigman
255 State Street
Boston, MA 02109
4.2. Personal Information that You Provide to Us. Personal information is information that can be used to identify, locate, or contact an individual, and includes other information that may be associated with an individual. When you interact with our Site and Services, we may collect the following personal information directly from you:
In each of the above instances, you shall know what personal information we collect through our Site and Services because you voluntarily and directly provide it to us.
4.3. Other Information We Automatically Collect through Cookies & Other Technologies. We or our third-party service providers may collect and store certain technical information when you use our Site and Services. For example, our servers receive and automatically collect information about your computer and browser, including, for instance, your IP address, browser type, domain name from which you accessed the Site or Services, device size and other software or hardware information. If you access our Site and Services from a mobile or other device, we may collect a unique device identifier assigned to that device (UDID), type of device, general GPS location, or other transactional information for that device in order to serve content to it and to improve your experience in using the Site or Services. In addition, we or our third-party service providers may collect information about how you use of our Site, including but not limited to, the date and time you visit the Site, the areas or pages of the Site that you visit, the amount of time you spend viewing the Site, the number of times you return to the Site, visits to websites outside our network, preferred language, and other click-stream data.
4.5. Do Not Track. You can opt-out of being targeted by certain third-party advertising companies online at: ( Network Advertising Initiative and/or Digital Advertising Alliance. We currently do not respond to "Do Not Track" browser signals. Accordingly, your navigation on our Site and Services may be tracked as part of our efforts to gather User information described above. If you arrive at our Site and Services by way of a link from a third-party site that does respond to "Do Not Track" browser signals, such "Do Not Track" browser signal recognition will end as soon as you reach our Site and Services.
4.6. Our Legal Bases for Processing. We will only collect and process personal information, including sharing it with third-parties, where we have a legal basis for such collection and processing. We rely on a number of legal bases, including:
4.7. How We Use Personal Information.
Personal Information that You Provide to Us. We may use the personal information that you provide in one or more of the following ways:
In addition to the uses described above, we may use personal information that we collect for other purposes that are disclosed to you at the time we collect the information, or with your consent.
4.8. Other Information We Automatically Collect Through Cookies and Other Technologies. We may use information collected from you through cookies and other tracking technologies in one or more of the following ways:
4.9. Sharing Personal & Non-Personal Information. We may share your personal information with third parties in the following circumstances:
o to satisfy any applicable laws or regulations;
o to defend ourselves in litigation or a regulatory action;
o when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a subpoena, court order, or search warrant); and
o where we believe our Site and Services are being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and risk management, and
o when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person, or the public generally;
o in the event of a merger, acquisition, debt financing, restructure, sale of EDUGION's assets by or with another company, or a similar corporate transaction, we may need to disclose and transfer all information about you, including personal information, to the successor company;
o we may share information about you with EDUGION's subsidiaries and affiliates and companies acquired by or merged with EDUGION and its affiliates, including without limitation, to enable such acquired or merged companies to advertise products and services in which you may be interested; and
We may share personal information about you for any other purpose(s) disclosed to you at the time we collect your information or with your consent. Non-personal information may be shared with our partners who referred you to our Site and who may use the data for their market research and measurement purpose. User information may also be shared with our partners who help us deliver ads to you on a third-party website not controlled by us; for instance, when we put a pixel on a conversion page on our Site and a marketing partner uses that pixel to optimize the traffic that they send to us.
4.11. Accessing & Updating Personal Information. We encourage you to keep your personal information up-to-date and accurate on the Site. You have several choices; for instance:
You can also manage certain aspects of information collection and use, including disabling geo-location, by going to the settings of your mobile device and reviewing the permissions of each application.
4.13. Email & Other Communications. Our Site and Services may allow us or other Users to communicate with you or other Users through our in-product instant messaging Services, service-branded emails, SMS, and other electronic communication channels.
4.13.1 Text Messaging. We may make available text messaging Services in which you can receive messages from us and send messages to us on your mobile phone.
4.13.2. Opting Out of Requested Communications. Requested communications include, for instance, email newsletters and software updates that may be expressly requested by you or which you consented to receive. After you request such communications, you may "opt-out" of receiving them by using one of the following methods:
4.13.3. Opting Out of Transactional or Relationship Communications. Communications that are sent by or on behalf of a User are indicated as being from that User. Communications that are sent by us are indicated as being from us or one of our account or support specialists. Either type of communication may be "real time" communications or communications triggered automatically upon the occurrence of certain events or dates, such as appointment reminders. Email communications received from Users and our administrative announcements are often transactional or relationship messages, such as appointment requests, reminders, and cancellations. You may not be able to opt-out of receiving certain email messages, although our Services may provide a means to modify the frequency of receiving them.
4.13.4. Opting Out of General or Promotional Communications. General communications provide information about products, Services, and/or support and may include special offers, new product information, or invitations to participate in market research. You may opt-out of receiving these general communications by using one of the following methods:
4.14. Protecting Personal Information. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of the information we collect, we deploy a wide range of technical, physical, and administrative safeguards, including: Transport Layer Security (TLS), firewalls, system alerts, and other information system security technologies; housing health data in secure facilities that restrict physical and network access; and regular evaluation and enhancement of our information technology systems, facilities, and information collection, storage, and processing practices. We use reasonable and appropriate administrative, physical, technical, and data security procedures and controls to safeguard your personal information against unauthorized access, disclosure, loss, misuse, and alteration.
We use third-party service providers to manage credit card and payment processing. These service providers are not permitted to store, retain, or use billing information except for the sole purpose of credit card and payment processing on our behalf. When you enter payment information to be processed by our third-party service providers, we encrypt the transmission of that information using TLS technology and do not store it on our systems.
It is important to remember, however, that no system can guarantee 100% security at all times. Accordingly, we cannot guarantee the security of information stored on or transmitted to or from our Services. We cannot assume responsibility or liability for unauthorized access to our servers and systems. When disclosing any personal information, you should remain mindful of the fact that it is potentially accessible to the public and, consequently, can be collected and used by others without your consent. Accordingly, you should carefully consider if you want to submit sensitive information that you would not want disclosed to the public and should recognize that your use of the Internet and our Site and Services is solely at your risk. You are ultimately responsible for maintaining the secrecy for all your personal information. We have no responsibility or liability to anyone for the security of your personal information transmitted via the Internet.
We may also provide social media features on our Site and Services that enable you to share personal information with your social network(s) and to interact with our Site and Services. Depending on the features, your use of these features may result in the collection or sharing of personal information about you. We encourage you to review the privacy policies and settings on the social media site(s) with which you interact.
4.16. Privacy of Minors. Our Site and Services requires Users to be at least 18 years of age. Minors and children under the age of 13 are not permitted to use our Site and Services. We do not knowingly collect personal information from minors or children under the age of 13 or utilize plug-ins or ad networks that collect personal information through child-directed third-party website or online services. If we learn that we have collected personal information from a minor under 13, we shall take steps to promptly delete such information.
4.17. International Users. We are headquartered in the United States. Our Site and Services are intended for Users in the United States and hosted and administrated in the United States or hosted with cloud service providers who are headquartered in the United States and in other countries. If you are located outside the United States, be aware that information you provide to us or that we obtain as a result of your use of our Site and Services may be processed in, transferred to, and stored in the United States and in any other countries from where our cloud service providers operate. Please be aware that the privacy laws and standards in certain countries may differ from those that apply in the country in which you reside. By using our Site and Services or providing us with your information, you consent to the transfer of your information for processing and storage to the United States and any other country from where our cloud service providers operate.
4.18. California Privacy Rights. This section is provided pursuant to the California Consumer Privacy Act of 2018 (the " CCPA") and other applicable California Privacy laws. This Section 14 applies solely to our Users who are California residents as defined under applicable California Privacy laws.
4.19. Information We Collect. Within the last twelve (12) months, we have or may have collected the following categories of information from our Users and/or consumers:
4.20. Categories of Sources from Which Information is Collected. We obtain the categories of personal information listed above from the following categories of sources:
4.21. Using and Sharing of Personal Information. The personal information described in the categories above may be used for the business purposes listed above under “How We Use Personal Information.” We disclose your personal information for a business purpose to the following categories of third parties: (a) service providers and (b) third parties to whom you authorize or direct us to disclose your personal information in connection with our Site and Services. In the preceding twelve (12) months, we have disclosed the personal information described in the categories above for the business purposes listed above under “Sharing Personal and Non-Personal Information.” We also may share personal information about you for any other purpose(s) disclosed to you at the time we collect your information or with your consent.
We do not sell the personal information of consumers that we know are minors under 16 years of age without affirmative authorization as required under the CCPA.
4.23. Your Access and Deletion Rights under the CCPA. As of January 1, 2020, California residents, as defined under applicable California Privacy laws, may take advantage of the following rights:
4.24. Exercising Your Access and Deletion Rights under the CCPA. To exercise the access and deletion rights described above, please submit a request to us by sending an email to: firstname.lastname@example.org (with subject line "California Privacy Rights").
You will be asked to provide certain identifying information, such as your name, email, and residency. You will also be asked to validate your request by clicking a validation link in an email that will be sent to the email address you provided. While processing your request, we may ask you to provide further verifying documentation, such as proof of residency and identity. We will only use personal information provided in a request to verify the requestor's identity or authority to make the request.
Your request must: (a) provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or that you have authority to make the request; and (b) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. If you are making a request through an authorized agent acting on your behalf, such authorized agent must provide proof of written authorization to do so, and you must verify your identity directly with us, unless such authorized agent provides proof of a power of attorney pursuant to Probate Code sections 4000 to 4465.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
4.26. Non-Discrimination. We shall not discriminate against you for exercising any of your rights under the CCPA. Accordingly, and unless permitted by the CCPA, we shall not:
We may charge a different price or rate or provide a different level of service if the difference is reasonably related to the value provided by your personal information.
4.27. Other Applicable California Privacy Laws. Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of your personal information with third parties. If you reside in California and you have provided us with your personal information, you may request information about our disclosures of certain categories of your personal information to third-parties for direct marketing purposes. To make such a request, please send us an email at: email@example.com (with subject line "California Privacy Rights") and allow 30 days for a response. We shall not accept requests via the telephone or mail and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
In accordance with Section 22581 of the California Business and Professions Code if you are a California resident under the age of 18, you may request and obtain the removal of content or information you have publicly posted. To make such a request, please send us an email at: firstname.lastname@example.org (with subject line "California Privacy Rights"). Please identify the Site and specific Services to which your removal request relates, including any URLs where the content or information is posted, and the specific content or information you posted for which you are requesting removal. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
4.28. Nevada Privacy Rights. FOR RESIDENTS OF NEVADA ONLY. In accordance with SB 220, Nevada consumers may opt-out of the sale of their personal information to third-parties. If you reside in Nevada and you have provided us with your personal information, you may choose to opt-out of the sale of such personal information by emailing us at: email@example.com (with subject line "Nevada Privacy Rights"). We may request for additional information from you in order to verify your identity and/or the authenticity of your request.
4.29. EU Privacy Rights. FOR RESIDENTS OF THE EUROPEAN UNION ONLY. Under European data protection law, in certain circumstances, you have the right to:
In addition, you have the right to ask us not to process your personal information for marketing purposes. We will usually inform you (before collecting your personal information) if we intend to use your personal information for such purposes or if we intend to disclose your information to any third party for such purposes.
Last Updated: June 17, 2020