Privacy

Welcome to Skillbooster, one of the the world’s largest online learning community for creatives. Skillbooster, Inc., a Delaware corporation, along with our subsidiaries and affiliates (“Skillbooster”, “we”, “us,” or “our”), respect your privacy and we care about your personal data, so we have prepared this Privacy Policy to explain how we collect, use, and share it.

About this Policy

This Privacy Policy (“Privacy Policy”) details our data collection processes, including the data we receive about you and how we process it, and your rights and obligations in relation to your personal data.

Unless we link to a different policy or state otherwise, this Privacy Policy applies when you visit or use the Skillbooster services such as the Skillbooster website accessible at www.skillbooster.com (the “Site”), community and customer service links or chat functionality, mobile applications, social media pages or handles, online and offline products and events, APIs or related services, and any accompanying services you are eligible to receive, such as teacher support services and tools (together, the “Services”). It also applies to prospective customers and enterprise products. By using or accessing the Services, you agree to the terms of this Privacy Policy. From time to time, we may develop new or offer additional services. They’ll also be subject to this Privacy Policy, unless stated otherwise when we introduce them.

Capitalized terms not defined here have the meanings set forth in the terms and conditions (the “Terms”), located at www.skillbooster.com/terms. Your use of the Site and Services is also subject to the Terms. You shouldn’t use the Services if you don’t agree with this Privacy Policy or any other agreement that governs your use of the Services.

Personal data we collect about you

When you register with us, when you become a Skillbooster Member, or when you choose to teach or attend a class, we will ask you for Personal Data. “Personal Data” refers to information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. In addition, we may collect data that is not identifiable to you or otherwise associated with you, such as aggregated data. This is not Personal Data. To the extent this data is stored or associated with Personal Data, it will be treated as Personal Data; otherwise, the data is not subject to this Privacy Policy.

How we use the Personal Data we collect about you

We may use the information we collect about you for various purposes, including to provide, analyze, administer, enhance, and personalize the Services and marketing efforts, to process your subscription and your payments, to communicate with you on these and other topics, to evaluate and improve the Services, and to comply with legal obligations. For example, we use such information to:

• Create and manage your accounts and profiles;
• Personalize your content on the Services–this includes providing you access to your saved classes and class watch history, and providing class recommendations;
• Provide users and Teachers with features and functionality, including to facilitate participation in our content, classes, lessons, and courses; issue completion certificates, badges, or other credentials; or to facilitate social or community features, such as by identifying and suggesting connections with other users or Teachers of the Service and providing discussion boards, chat, or messaging functionality;
• Provide Teachers with information related to student engagement and minutes watched, referral earnings, and other analytical data to pay Teachers appropriately;
• Manage student and Teacher referrals;
• Secure our systems, prevent fraud, and help us protect the security of Skillbooster accounts;
• Prevent, detect, and investigate potentially prohibited or illegal activities, including fraud, and to enforce our Terms of Service or our Community Guidelines;
• Analyze and understand our audience (including to understand demographic patterns related to our community), improve our service (including our user interface experiences and service performance), and optimize content selection, algorithms, and delivery;
• Communicate with you concerning the Services so that we can send you news about Skillbooster or our third party partners, details about new features and content available on Skillbooster, special offers, promotional announcements, consumer surveys, and to assist you with operational requests such as password reset requests;
• Fulfill contractual obligations with third parties;
• Complete corporate transactions (for more information, see our “Business Transfers” section below); and
• Fulfill any other purpose at your direction.

Disclosing your Personal Data

Affiliates and Subsidiaries

To support us in providing, integrating, promoting, and improving the Services, we may share personal information within our corporate family of companies that are related by common ownership or control.

With Your Consent or at Your Direction

Where you provide consent, we share your information as described at the time of consent, such as when authorizing a third-party application or website to access your Skillbooster account or participating in promotional activities by Skillbooster partners or third parties.

Educational Experience

To facilitate interactions between our Teachers and users, we share with Teachers data that we have about users concerning educational content users access or request information about, so Teachers can improve their content for you and other students. This data may include things like your country, browser language, operating system, device settings, the site that brought you to Skillbooster, and certain activities on Skillbooster, like how many minutes you have watched.

Depending on your settings, your shared content and profile data may be publicly viewable, including to other students and Teachers. If you leave a review, ask a question, or post on a discussion board, your information (including your name) may also be publicly viewable. Note that within the Services, all discussion boards, groups, or other public forums available to participants are publicly visible to other participants. Accordingly, please take care when using these forums and do not post confidential or proprietary information through those features.

Service Providers

We share Personal Data with vendors, service providers, and agents who work on our behalf and provide us with services related to the purposes described in this Privacy Policy or our Terms of Service. These parties include:

• Payment processors
• Fraud prevention service providers
• Providers of advertising services
• Ad networks and marketing tools
• Analytics service providers
• Engineering and development tools
• Staff augmentation and contract personnel
• Hosting service providers
• Teachers

Other Third Parties

We also share Personal Data when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested. In addition to those set forth above, these parties also include:

• Other users (where you post information publicly or as otherwise necessary to effect a transaction initiated or authorized by you through the Services), such as when users and Teachers interact through the Services;
• Social media services (if you interact with them through your use of the Services);
• Business partners who you access through the Services or that we engage to offer co-branded services, sell or distribute our products, or engage in joint marketing activities.

Promotional Offers

We may offer joint promotions or programs that, in order for your participation, will require us to share your information with third parties. In fulfilling these types of promotions, we may share your name and other information in connection with fulfilling the incentive. Please note that these third parties are responsible for their own privacy practices.

Aggregate/Anonymous Data

From time to time, we may share aggregated or anonymous information about use of the Services, such as by publishing a report on usage trends.

Protection of Skillbooster and others

We also share Personal Data when we believe it is necessary to:

• Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies;
• Protect us, our business, our users, and others, for example to enforce our terms of service, prevent spam or other unwanted communications, and investigate or protect against fraud;
• Maintain the security of our products and services.

Business Transfers

In connection with any reorganization, restructuring, merger or sale, or other transfer of assets, we will transfer information, including personal information, provided that the receiving party agrees to respect your personal information in a manner that is consistent with our Privacy Policy.

Legal Bases for Use of Your Information

We process Personal Data for, or based on, one or more of the following legal bases:

Performance of a Contract

By using the Services, you have contracted with us through the Terms of Service, and we will process certain Personal Data to perform under that contract, including first and last name, email address, password, and, if you are a Teacher, the content of your classes. When we process Personal Data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.

Legitimate Interests

We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties: first and last name, email address, location information, IP address, and your activity on the Services, including class usage information and community interaction data. Examples of these legitimate interests include: operation and improvement of our business, products, and services; personalization of web content on the Services; analyzing the use of the Services; marketing of our products and Services; provision of customer support; protection from fraud or security threats; compliance with legal obligations; and completion of corporate transactions.

Consent

In some cases, we process Personal Data based on the consent you expressly grant to us prior to the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you prior to the point and time of collection.

Other Processing Grounds

From time to time, we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

Retention of Your Information

We will retain your Personal Data for as long as your account is active or as needed to provide you services and to maintain a record of your transactions for financial reporting purposes. We will also retain and use your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Protection of Your Information

Skillbooster takes technical and organizational security measures that are designed to safeguard Personal Data. However, no online activity is ever fully secure or error-free. While we strive to protect your information, we cannot guarantee that your Personal Data is absolutely secure. Please keep this in mind when disclosing any information to Skillbooster.

Please recognize that protecting your Personal Data is also your responsibility. We urge you to take every precaution to protect your information when you are on the Internet, or when you communicate with us and with others through the Internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account might have been compromised), or if you suspect someone else is using your account, please let us know immediately by contacting us as indicated in the Contact Us section below.

Transfer to Other Countries

Because of the global nature of our business, Skillbooster shares personal data internationally with its subsidiaries, subcontractors, and partners when carrying out the activities described in this Policy. They may process your data in countries whose data protection laws are not considered to be as strong as EU laws or the laws which apply where you live. For example, they may not give you the same rights over your data.

Whenever we transfer personal data internationally, we use tools and transfer agreements to:

• make sure the data transfer complies with applicable law; and
• help to give your data the same level of protection as it has in the EU and the laws which apply where you live.

Regardless of where you use our Services, the information collected as part of that use will be transferred to and maintained on servers located in the United States. By using our Services, you consent to this collection, transfer, storage, and processing of information to and in the United States.

Use of Cookies and Other Tracking Technologies

We and our service providers use cookies, web beacons, pixels, session replay/screen capture, and similar technologies to collect information and personalize your experience with our Services.

We use these technologies in order to offer you a more tailored experience in the future, by understanding and remembering your particular browsing preferences. Cookies are small text files that are placed on your computer or mobile device when you visit a site that enable us to: (i) recognize your computer; (ii) store your preferences and settings; (iii) understand the web pages of the Services you have visited; (iv) enhance your user experience by delivering and measuring the effectiveness of content and advertising tailored to your interests; (v) perform searches and analytics; and (vi) assist with security and administrative functions.

As we adopt additional technologies, we may also gather information through other methods. Please note that you can change your settings to notify you when a cookie is being set or updated or to block cookies altogether. For more information, please consult the “Help” section of your browser (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Services.

Children’s Information

The Services are not directed to children whose age:

• is under the age of 13 years;
• makes it illegal to process their personal data; or
• requires parental consent to process their personal data.

We do not knowingly collect or use personal data from children who meet those criteria. If you’re under the age of 13 years, please do not use the Services, and do not provide any personal data to us. We may offer a specific service dedicated to children and your use of that service will be subject to the privacy policy governing that service.

We do not knowingly process data of EU residents under the age of 16 without parental consent. If we become aware that we have collected data from an EU resident under the age of 16 without parental consent, we will take reasonable steps to delete it as soon as possible. If you live in the EU and are under the age of 16 years, please do not use the Services, and do not provide any personal data to us.

We also comply with other age restrictions and requirements in accordance with applicable local laws.

If we learn that we’ve collected the personal data of a child under the age of 13 or 16, as applicable, we’ll take reasonable steps to delete the personal data. This may require us to delete the Skillbooster account for that child.

Your Rights

You have certain rights regarding the collection and processing of Personal Data. You may exercise these rights, to the extent they apply to you, by contacting us at the information provided at the end of this Privacy Policy, or by following instructions provided in this Privacy Policy or in communications sent to you.

Your rights vary depending on the laws that apply to you, but may include:

• The right to know whether, and for what purposes, we process your Personal Data;
• The right to be informed about the Personal Data we collect and/or process about you;
• The right to learn the source of Personal Data about you we process;
• The right to access, modify, correct, and delete Personal Data about you (see the “Accessing, Modifying, and Correcting Collected Personal Data” section below for more information);
• The right to know with whom we have shared your Personal Data, for what purposes, and what Personal Data has been shared (including whether Personal Data was disclosed to third parties for their own direct marketing purposes);
• The right to withdraw your consent, where processing of Personal Data is based on your consent; and
• The right to file a complaint with a supervisory authority located in the jurisdiction of your habitual residence, place of work, or where an alleged violation of law occurred.

We may reject requests that are unreasonable or not required by law, including those that would be extremely impractical, could require disproportionate technical effort, or could expose us to operational risks such as free trial fraud. We may retain information as required or permitted by applicable laws and regulations, including to honor your choices, for our billing or records purposes, and to fulfill the purposes described in this Privacy Statement. We take reasonable measures to destroy or de-identify personal information in a secure manner when it is no longer required.

We currently do not collect household data. If all the members of a household make a request under this Policy, we will respond as if the requests are individual requests.

Please note, if you do not have a Skillbooster account we will not have enough information about you to verify your requests under this Policy, as we do not keep sufficient information necessary to reidentify and link you to a prior visit to Skillbooster where data may have been collected. As such, we will be unable to verify and honor your requests. You may make a verifiable consumer request related to your personal information twice per 12-month period.

Accessing, Modifying, and Correcting Collected Personal Data

We strive to maintain the accuracy of any Personal Data collected from you, and will try to respond promptly to update our records when you tell us the information in our records is not correct. If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by making changes to your Profile. You can request that we correct or supplement such data by emailing help@skillbooster.com.

Depending on the laws that apply to you, you may obtain from us certain Personal Data in our records. If you wish to access, review, or make any changes to Personal Data you have provided to us through the Services, please email us at help@skillbooster.com from the email address that you believe is associated with your Skillbooster account.

Data Erasure

In some jurisdictions, you can request that your personal information be deleted. Please note that if you request deletion of your personal information, or if your account is suspended, terminated, or voluntarily closed:

• We may retain your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend a Skillbooster account for fraud or safety reasons, we may retain information from that account to prevent that member from opening a new account in the future.
• We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, we may keep information for tax, legal reporting, and auditing obligations.
• Some copies of your information (e.g., log records) will remain in our database, but are disassociated from personal identifiers.
• Because we take measures to protect data from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.

Requests Made Through Agents

You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us.

Your Nevada Privacy Rights

Nevada law permits our users who are Nevada consumers to request that their personal data not be sold (as defined under applicable Nevada law), even if their personal data is not currently being sold. Requests may be sent to help@skillbooster.com and are free of charge. Please include “Opt-Out Request Under Nevada Law” in the subject line and body of your message.

Your European Union and UK Privacy Rights

In addition to the above-listed rights, European Union and UK privacy law provides individuals with enhanced rights in respect of their Personal Data. These rights may include, depending on the circumstances surrounding the processing of Personal Data:

• The right to object to decisions based on profiling or automated decision-making that produce legal or similarly significant effects on you;
• The right to request restriction of processing of Personal Data or object to processing of Personal Data carried out pursuant to (i) a legitimate interest (including, but not limited to, processing for direct marketing purposes) or (ii) performance of a task in the public interest;
• In certain circumstances, the right to data portability, which means that you can request that we provide certain Personal Data we hold about you in a machine-readable format; and
• In certain circumstances, the right to erasure and/or the right to be forgotten, which means that you can request deletion or removal of certain Personal Data we process about you.

To exercise any of these rights, please submit a request through our  email us at help@skillbooster.com from the email address that you believe is associated with your Skillbooster account. In the request, please specify which right you are seeking to exercise and the scope of the request.

Your Choices

You have choices about certain information we collect about you, how we communicate with you, and how we process certain Personal Data. When you are asked to provide information, you may decline to do so; but if you choose not to provide information that is necessary to provide some of our Services, you may not be able to use those Services. In addition, it is possible to change your browser settings to block the automatic collection of certain information.

Communications Opt-Out

We may send promotional emails from time to time. If you are located in the EU, we will not send promotional emails without your consent. You can opt-out of receiving promotional emails from us at any time by clicking on the unsubscribe link in the emails. Please note that you cannot opt-out of non-promotional emails, such as those about your account, transactions, servicing, or our ongoing business relations. In addition, if you downloaded our app and opted-in to receive push notifications on your device, you can opt-out at any time by adjusting the permissions in your device or uninstalling our app.

Location Information

If you want to limit or prevent our ability to receive location information from you, you can deny or remove the permission for certain Services to access location information or deactivate location services on your device. Please refer to your device manufacturer or operating system instructions for instructions on how to do this.

Additional Information

Interpretation

Any version of this Privacy Policy in a language other than English is provided for convenience. If there is any conflict with a non-English version, you agree that the English language version will control.

Other Users

Other users of the Service or the public may have access to your Personal Data when you choose to make your profile or other personal information available to them through the Service, such as when you provide comments, reviews, survey responses, or other content. We do not control how other users or third parties use any personal information that you make available to such users or the public. Please be aware that any information you post publicly can be cached, copied, screen captured, or stored elsewhere by others (e.g., search engines) before you have a chance to edit or remove it.