Revision Date: July 29, 2020
This privacy policy (the “Privacy Policy”) outlines important information regarding you, the service user (“you” or “your”) and the use and disclosure of your information collected via this Website and subsites or the microsites of the registrant of the domain of the Website (the “Company”, “us”, “we” or “our”), and each of its affiliates and related websites or that our business partners or affiliates operate (the “Website”). We are providing you with this Privacy Policy to help you make an informed decision as to whether to use or continue using the Website. By using the Website, you consent to the processing of your information as set forth in this Privacy Policy.
PLEASE NOTE: OUR PRIVACY POLICY CHANGES FROM TIME TO TIME AND CHANGES ARE EFFECTIVE UPON POSTING. We may change or supplement this Privacy Policy; we may also undergo a change of ownership. Changes to the Privacy Policy will apply to the information collected from the date we post the revised Privacy Policy on our Website, as well as to existing information held by us. If we decide to materially change our personal information handling policies or practices in a material way, and if we seek to collect, use or disclose personal information for purposes other than those for which consent has been obtained, we will obtain the necessary consents that might be required by law. We will also notify you by means of a notice on our Website before the material change becomes effective. If any proposed change is unacceptable to you, you may request that we close your account, as described in the How to Contact Us section. Your continued use of the Website, or your continued interaction with us (in correspondence and the like) after we have notified you of a material change to this Privacy Policy will be deemed an acceptance of these new terms.
This Privacy Policy applies to the Company’s collection, use, storage and disclosure of information by us on (a) the Website, (b) on various third party websites, and (c) to our other information collection, including the purchase of customer lists from third parties. We are not responsible for the information collection or privacy practices of third party websites or applications. By reference, this Privacy Policy is incorporated into and is subject to the Website Terms of Use. Your use of the Website and any personal information you provide via the Website or through other official contact with us remains subject to this Privacy Policy, as well as the Terms of Use and/or other stated policies.
This Privacy Policy applies to the information that we collect or receive from you and other individuals who use the Website, register on the Website or participate in the promotions or offers available on the Website; or with whom we communicate through email or other means.
1. Collection of Information.
1.1 Survey Information. We collect information from you and other individuals by various methods, including, but not limited to, when you voluntarily complete our survey, order form, or a registration page either online or offline, or by means of online or offline surveys, order forms, or registration pages operated by third parties (collectively, “Survey”). (As used herein, “online” means using the Internet, including the Website, and related technologies, and “offline” means by methods other than online, including in person, in the postal mail, using telephones and cell phones, and other similar means.) In the Surveys, the Company or a third party (a “Third Party”) may ask an individual to provide various information to us, which may include your name, email address, street address, zip code/postal code, telephone numbers (including wireless phone numbers and wireless carriers), SMS messaging details (e.g. date, time and content of the SMS message), birth date, gender, salary range, education and marital status, occupation, social security number, employment information, personal and online interests, and such other information as may be requested from time to time (together, “Survey Information”). We may also collect information concerning you from another source and use that information in combination with information provided from this Website. Completing the Survey(s) is completely voluntary, and individuals are under no obligation to provide Survey Information to us or a Third Party, but an individual may receive incentives from us or a Third Party in exchange for providing Survey Information to us.
1.2 Third Party List Information. We collect information from you when you provide information to a third party and we subsequently purchase, license, or otherwise acquire your information from the third party (the “Seller”). Such purchased information may include, but is not limited to, your name, email address, street address, zip code/postal code, telephone numbers (including wireless phone numbers and wireless carriers), SMS messaging details (e.g. date, time and content of the SMS message), birth date, gender, salary range, education and marital status, occupation, industry of employment, personal and online interests, and such other information as the individual may have provided to the Seller (together, “Third Party List Information”). When acquiring Third Party List Information, we seek assurances from the Seller that the Seller has a right to transfer the Third Party List Information to us and that the Seller has a right to provide offers from advertisers to you (the individual whose personal information is included on the Seller’s list).
1.3 Other Information. Other occasions when we obtain your information include (1) when you make a claim for a prize or seek to redeem an incentive offered by us or by a Third Party, (2) when you request assistance through our Customer Service Department, and (3) when you voluntarily subscribe to our services or newsletters (together, “Other Information”).
1.4 Cookies, Web Beacons, and Other Information Collected Using Technology. We currently uses cookie and web beacon technology to associate certain Internet-related information about you with information about you in our database. Additionally, we may use other new and evolving sources of information in the future (together, “Technology Information”).
(a) Cookies. A cookie is a small amount of data stored on the hard drive of your computer that allows us to identify you with your corresponding data that resides in our database. You may read more about cookies at http://cookiecentral.com. Individuals who use the Website need to accept cookies in order to use all of the features and functionality of the Website.
(b) Web Beacons. A web beacon is programming code that can be used to display an image on a web page, but can also be used to transfer an individual’s unique user identification (often in the form of a cookie) to a database and associate the individual with previously acquired information about an individual in a database. This allows us to track certain websites you visit online. Web beacons are used to determine products or services you may be interested in, and to track online behavioral habits for marketing purposes. For example, we might place, with the consent of a Third Party website, a web beacon on the Third Party’s website where baseball products are sold. When “Pat”, an individual listed in our database, visits the fishing website, we receive notice by means of the web beacon that Pat visited the baseball site, and we would then update Pat’s profile with the information that Pat is interested in baseball. We may thereafter present offers of baseball related products and services to Pat. In addition to using web beacons on web pages, we also use web beacons in email messages sent to individuals listed in our database.
(c) JavaScript. In order to determine the web browser you are using, to serve browser-appropriate content, and to optimize links depending on whether or not they have been visited by you, we may employ JavaScript which provides this information to us.
(d) New Technology. If you visit the Website (even if you do not fill out a Survey), we will automatically collect information about your computer, smart phone, tablet or similar device (“Device”), such as the type of Device, operating system version, unique Device identifier, browser type and version, and mobile network information or log information (IP address, screen resolution, and referring domain) (collectively, “Device Information”). While an IP address does not identify an individual by name, it may, with the cooperation of an Internet Service Provider, identify an access point or a Device, which may in turn lead to the identification of a specific person. The use of technology on the Internet, including cookies and web beacons, is rapidly evolving, as is our use of new and evolving technology. As a result, we strongly encourage you to revisit this Privacy Policy for any updates regarding our use of technology.
1.5 Outside Information. We may receive information about you from Third Parties or from other sources of information outside of the Company including information located in public databases (“Outside Information”).
1.6 Your Individual Information. As used herein, your Individual Information means Survey Information, Third Party List Information, Other Information, Technology Information, Outside Information, and any other information we gather or receive about you such as usage data, file transfer and viewing data.
1.7 No Information Collected from Children. We will never knowingly collect any personal information about children under the age of 13 (a “Minor”). The Website is not directed to Minors. If we obtain actual knowledge that we collected personal information about a Minor, that information will be automatically deleted from our database. Because we do not collect such information, we have no such information to use or to disclose to Third Parties. We have designed this policy in order to comply with the Children’s Online Privacy Protection Act (“COPPA”). You may read more about COPPA at http://www.coppa.org. If you become aware that your child, a Minor, has provided us with personal information without your consent, you should contact us immediately.
1.8 Log File Information. When you log-in to access your account, our servers may automatically record and archive certain information that web-browsers send whenever visiting a Website. These server logs may include information vital to validating your authorization to access the account. Information, such as a web request, Internet Protocol (the “IP”) address, browser type, browser language, referring pages, exit pages and visited URLs, platform type, click counts, pages viewed and in what order, time spent, the date and time of the request, and other important data is necessary to validate and authorize your entry and activity on the Website.
1.9 Credit Card Information. We may in certain cases collect credit card numbers and related information, such as the expiration date of the card (“Credit Card Information”) when you place an order with us. When the Credit Card Information is submitted to us, such information is encrypted and is protected with SSL encryption software. We will use the Credit Card Information for purposes of processing and completing the purchase transaction, and the Credit Card Information will be disclosed to Third Parties only as necessary to complete the purchase transaction.
2. Use of Your Individual Information.
2.1 Discretion to Use Your Individual Information. WE MAY USE YOUR INDIVIDUAL INFORMATION FOR ANY LEGALLY PERMISSIBLE PURPOSE IN OUR SOLE DISCRETION. The following paragraphs in this Section 2 describe how we currently use your Individual Information, but we may change or broaden our use at any time. As noted, we may update this Privacy Policy from time to time. We may use your Individual Information to provide promotional offers to you by means of email advertising, telephone marketing, direct mail marketing, online banner advertising, and package stuffers, among other possible uses.
2.2 Email. We use your Individual Information to provide promotional offers by email to you. We may maintain separate email lists for different purposes. If you wish to end your email subscription from a particular list, you need to follow the instructions at the end of each email message to unsubscribe from the particular list. To unsubscribe from all of our email lists, you must send an email to unsubscribe@cultureandlanguagecenter.com.
2.2(a) Content of Email Messages. In certain commercial email messages sent by us, an advertiser’s name will appear in the “From:” line but hitting the “Reply” button will cause a reply email to be sent to us. The “Subject:” line of our email messages will usually contain a line provided from the advertiser to us.
2.2(b) Solicited Email. We only send email to individuals who have agreed on the Website to receive email from us or to individuals who have agreed on Third Party websites to receive email from Third Parties such as the Company. We do not send unsolicited email messages. As a result, legislation requiring certain formatting for unsolicited email do not apply to our email messages.
2.3 Targeted Advertising. We use your Individual Information to target advertising to you. When you use the Internet, we use Technology Information (see also Section 2.6) to associate you with your Individual Information, and we attempt to show advertising for products and services in which you have expressed an interest in the Surveys, indicated an interest by means of Technology Information, and otherwise. We may, at our discretion, target advertising by using email, direct mail, telephones, cell phones, and other means of communication to provide promotional offers to you.
2.4 Direct Mail and Telemarketing. We use your Individual Information to advertise, directly or indirectly, to you using direct mail marketing or telemarketing using telephones and cell phones.
2.5 Mobile Phone SMS Messaging. In certain cases, when requested by an individual, a Third Party may use your Individual Information to provide customized content and advertising via SMS messaging to your cell phone or wireless device. We are not responsible for the privacy practices or the content of such Third Parties.
2.6 Use of Technology Information. We use Technology Information (1) to match your Survey Information and Third Party List Information to other categories of your Individual Information to make and improve your profiles, (2) to track your online browsing habits on the Internet, (3) to determine which areas of our Websites are most frequently visited. This information helps us to better understand the online habits of individuals, including you, so that we can target advertising and promotions to you and other individuals.
2.7 Profiles of Individuals. We use your Individual Information to make a profile. A profile can be created by combining Survey Information and Third Party List Information with other sources of your Individual Information such as information obtained from public databases.
2.8 Storage of Your Individual Information. We store your Individual Information in a database on our computers. Our computers have security measures (such as a firewall) in place to protect against the loss, misuse, and alteration of Individual Information under our control. Notwithstanding such measures, we cannot guarantee that our security measures will prevent our computers from being illegally accessed, and your Individual Information on them stolen or altered.
2.9 Do Not Call Registry Compliance. By submitting your personal contact and/or financial information through the Website, you hereby grant written permission to the Company, its affiliated sites, and its business partners for contact via telephone, voice broadcasts, mail, SMS text message, and/or e-mail. Further, by registering on the Website you are consenting to receive phone calls from the Company, its affiliated sites, and its business partners for contact via telephone and thereby waive your right to file a claim with the Federal Trade Commission (FTC) or any other agency in reference to these calls or contacts.
3. Dissemination of Your Individual Information.
3.1 Sale or Transfer to Third Parties. THE COMPANY MAY SELL OR TRANSFER YOUR INDIVIDUAL INFORMATION TO THIRD PARTIES FOR ANY LEGALLY PERMISSIBLE PURPOSE IN OUR SOLE DISCRETION.
3.2 Order Fulfillment. We will transfer your Individual Information to Third Parties when necessary to provide a product or service that you order from such Third Party while using the Website or when responding to offers provided by us.
3.3 Legal Process. We may disclose your Individual Information to respond to subpoenas, court orders, and other legal processes or where necessary to protect the integrity of our Company.
3.4 Summary Data. We may sell or transfer non-individualized information, such as summary or aggregated anonymous information about all persons or sub-groups of persons.
3.5 Access. You have access to your Individual Information collected to provide an opportunity for you to correct, amend, or delete such information. Access can be obtained by contacting info@cultureandlanguagecenter.com. We may also grant advertising clients and email services providers’ access to your email address to verify the origin of your Individual Information collected.
3.6 Other. We may also disclose your Individual Information:
• Where the information is public; or
• To protect the Website and our rights under our the Terms of Use;
• To protect ourselves against liability or prevent fraudulent activity;
• Where it is necessary to permit us to collect monies owing to us or to pursue available remedies or limit any damages that we may sustain;
• To a person who needs the information because of an emergency that threatens the life, health or security of an identifiable person or group; or
• To our advisors, counsels, and similar trusted parties.
4. Privacy Practices of Third Parties.
4.1 Advertiser cookies and web beacons. Advertising agencies, advertising networks, and other companies (together, “Advertisers”) who place advertisements on the Website and on the Internet generally may use their own cookies, web beacons, and other technology to collect information about individuals. We do not control Advertisers’ use of such technology and we have no responsibility for the use of such technology to gather information about you.
4.2 Links. The Website and email messages sometimes contain hypertext links to the websites of Third Parties. We are not responsible for the privacy practices or the content of such other websites. Linked websites may contain links to websites maintained by Third Parties. Such links are provided for your convenience and reference only. We do not operate or control in any respect any information, software, products or services available on such Third Party websites. The inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization. This Privacy Policy does not cover the use of your personal or Individual Information by these Third Parties. We recommend that you review their privacy policies, which will apply to all of your activities once you have left our Website. In particular, if you wish one of these Third Parties to cease communicating with you, you should consult their website or the correspondence that the Third Party sent to you, and use the method indicated by that Third Party to unsubscribe from communications directed at you.
4.3 Affiliated Companies. We may disclose, transfer, and sell your Individual Information to entities affiliated with the Company in our discretion. Should you be subject to an acquisition, merger, sale or other change of control or business entity status, we reserve the right to transfer or assign your Individual Information collected from the Website.
4.4 Service Providers. We may engage certain third parties to perform functions and provide services to us, such as identity verification, hosting and maintenance, customer relationship management, database storage and management, geocoding, business analytics, fraud prevention, business analytics, and direct marketing campaign services.
We will share your Individual Information with these third parties, only to the extent necessary for them to perform these functions for us, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your Individual Information.
5. Data Transfer and Storage.
You acknowledge that personal information will be collected and stored by us in Canada. By using the Website, you consent to the transfer of information to and/or storage of information outside of your country and in Canada.
6. Unsubscribe Procedures.
1. Unsubscribe from one email list. To unsubscribe from a particular list, either (1) send an email to unsubscribe@cultureandlanguagecenter.com or (2) follow the instructions in each promotional email message sent by the Company.
2. Unsubscribe from all of our email lists. We reserve the right to add your Individual Information to multiple lists maintained by us. To globally unsubscribe from all of our lists, send an email to unsubscribe@cultureandlanguagecenter.com
3. Unsubscribe from a particular SMS messaging campaign. To unsubscribe from a particular SMS messaging campaign on a cell phone, send “STOP” to the SMS message received by you. In addition, other methods to unsubscribe may be set forth on the Website where signed up for the SMS messaging campaign.
7. Disputes.
If you have any concerns or claims with respect to our data handling practices, please contact us first. We will investigate and attempt to resolve any complaints and disputes regarding our use and disclosure of your Individual Information. If your complaint or dispute cannot be resolved through our internal process, or if we do not adequately respond to your question, you agree to resolve your dispute through arbitration. If arbitration is necessary, it will be conducted by telephone and email, and if it must be done in person, it will be conducted in San Diego, California. The arbitration will be conducted by one arbitrator member of the American Arbitration Association, and under the rules of commercial arbitration of the American Arbitration Association or as agreed between you and the Company. Both parties will bear equally the cost of arbitration (exclusive of legal fees and expenses). All decisions of the arbitrator will be final and binding on both parties and enforceable in any court of competent jurisdiction. For additional information you may contact www.ADR.org.
8. Limitation of Liability.
We exercise reasonable efforts to safeguard the security and confidentiality of your personal information; however, transmissions protected by industry standard technology and administered by humans cannot be guaranteed to be secure. We will not be liable for unauthorized disclosure of personal information that occurs through no fault of our own including, but not limited to, errors in transmission, access to your account by anyone, uses of your Member ID and password by a third party, your failure to comply with your security obligations, and the unauthorized acts of our employees.
9. Additional Terms.
California User Consumer Rights. In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov. Sec. 1798.83 of the California Civil Code, grants residents of the State of California the right to request from a business with whom the California resident has an established business relationship, once a year, certain information with respect to the types of personal information that the business shares with third parties for those third parties’ direct marketing purposes and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. To exercise your rights, you may make one request each year by contacting us as set forth in the How to Contact Us section.
10. How to Contact Us
You may reach us by email at info@cultureandlanguagecenter.com
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