Privacy Policy

Effective Date of Current Policy: 11.27.19

Learning Machine helps organizations issue blockchain-anchored digital credentials. As such we handle personal data as a data processor, and follow the directions of our client, who remains the data controller. This privacy policy is for our customer’s use of the Learning Machine marketing site and the Learning Machine Issuing System.

1. PURPOSE

This Privacy Policy is incorporated by reference into the Master Services Agreement (the “Agreement”) that also functions as the Learning Machine’s Terms of Service (the “Terms”). The terms “Learning Machine,” “LMT,” “we,” and “us” include Learning Machine Technologies, Inc. and our affiliates and subsidiaries. This Privacy Policy explains our information practices, the kinds of information we may collect, how we intend to use that information, and how you can opt-out of a use or change such information. All other terms not defined in Section 12 or otherwise herein will have the meanings set forth in the Terms.

2. SCOPE

This Privacy Policy applies to Personal Information that is Processed by LMT in the course of our business relationship with “Issuers” or potential “Issuers” and their employees or authorized users. It also includes information submitted directly to LMT on our websites (each a “Site”), platform, blogs, and other online or offline points of collection (collectively, the “Services”).

3. TRANSPARENCY/NOTICE

The types of Personal Information we may collect (directly from you or from Third-Party sources) and our privacy practices depend on the nature of the relationship you have with LMT and the requirements of applicable law. Some of the ways that LMT may collect Personal Information include:

  • You may provide your name and email address to LMT through interacting with the Services, registering for an account, participating in surveys, and requesting Services or information.
  • As you navigate the Services, your IP address, login duration, browser, and other session details may also be collected through cookies and similar technologies as described in 3.2 below.

We endeavor to collect only that information which is relevant for the purposes of Processing. Below are the ways we collect Personal Information and how we use it.

3.1 USE  OF INFORMATION

We acquire, hold, and process data added by you for the sole purpose of effectively providing the service, which includes:

  • To Provide Products, Services, or Information Requested. LMT may use information about you to fulfill requests for products, services, or general information, including:
    • Generally manage Individual information and accounts;
    • Respond to questions, comments, and other requests;
    • Provide access to certain areas, functionalities, and features of LMT’s Services;
    • Contact you to answer requests for customer support or technical support;
  • Administrative Purposes. LMT may use Personal Information about you for its administrative purposes, including to:
    • Ensure internal quality control;
    • Verify Individual identity;
    • Communicate about Individual accounts and activities on LMT’s Services and systems, and, in LMT’s discretion, changes to any LMT policy;
    • Send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance;
    • Process payment for products or services purchased;
    • Process applications and transactions; 
    • Prevent potentially prohibited or illegal activities;
    • Measure interest in LMT’s Services;
    • Develop new products and Services;
    • Enforce our Terms.

3.2 COOKIES, LOCAL STORAGE, and ANALYTICS

We may use cookies, local storage, and other technologies (“Technologies”) to automatically collect information through the Services. We use Technologies that are essentially small data files placed on your computer, tablet, mobile phone, or other devices (referred to collectively as a “device“) that allow us to record certain pieces of information whenever you visit or interact with our Sites, Services, applications, messaging, and tools, and to recognize you across devices.

  • Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Services may not work properly.
  • Local Storage. We store information about the login session to keep your information current while you are logged in
  • Analytics. We may also use Google Analytics to collect information regarding visitor behavior and visitor demographics on some of our Services, and to develop website content. This analytics data is not tied to any Personal Information. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and Processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.

Our uses of such Technologies fall into the following general categories:

  • Operationally Necessary. We may use cookies or other similar technologies that are necessary to the operation of our Sites, Services, applications, and tools. This includes technologies that allow you access to our Sites, Services, applications, and tools; that are required to identify irregular site behavior, prevent fraudulent activity and improve security; 
  • Performance Related. We may use cookies or other similar technologies to assess the performance of our Sites, applications, Services, and tools, including as part of our analytic practices to help us understand how our visitors use our websites, determine whether you have viewed an item or link, or to improve our website content, applications, services, or tools;
  • Functionality Related. We may use cookies or other similar technologies that allow us to offer you enhanced functionality when accessing or using our sites, services, applications, or tools. This may include identifying you when you sign into our sites or keeping track of your preferences, interests, or past items viewed so that we may enhance the presentation of content on our sites;

If you would like to opt-out of the Technologies we employ on our Sites, Services, applications, or tools, you may do so by blocking, deleting, or disabling them as your browser or device permits.

3.3 THIRD-PARTY WEBSITES

The Services may contain links to other websites and other websites may reference or link to our Site or other Services. These other domains and websites are not controlled by us, and LMT does not endorse or make any representations about Third-Party websites or social media platforms. We encourage our users to read the privacy policies of each and every website and application with which they interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.

3.4 THIRD PARTY DATA PROCESSING

We may process payments through our Services. When you make purchases through the Services, we process your payments through a Third-Party application. The Third-Party application may collect certain financial information from you to process a payment on behalf of LMT, including your name, email address, address and other billing information.

4.0 INFORMATION SHARING

We may share your information as described in this Privacy Policy (e.g., with our Third-Party service providers; to comply with legal obligations; to protect and defend our rights and property) or with your permission.

  • Sub-processors. We may share any information we receive with qualified service providers, whom we entrust Personal Information for: (i) provision of IT and related services; (ii) provision of information and services you have requested; (iii) payment processing; (iv) customer service activities; and (v) in connection with the provision of the Services.
  • Business Partners. LMT may share Personal Information with our business partners, and affiliates for our and our affiliates’ internal business purposes or to provide you with a product or service that you have requested. LMT may also provide Personal Information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear, along with LMT. 
  • Disclosures to Protect Us or Others (e.g., as Required by Law and Similar Disclosures). We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) respond to your requests; (iii) protect yours’, ours’ or others’ rights, property, or safety; (iv) to enforce LMT’s policies or contracts; (v) to collect amounts owed to LMT; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable.
  • Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. In such event, LMT will endeavor to direct the transferee to use Personal Information in a manner that is consistent with the Privacy Policy in effect at the time such Personal Information was collected.

4.1 ONWARD-TRANSFER INFORMATION DISCLOSURE

LMT may be required to disclose personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. In cases of onward transfer to third parties of data of EU and Swiss individuals received pursuant to the Privacy Shield Principles, LMT is liable unless we can prove we were not a party giving rise to the damages.

LMT will only disclose your personal information within your organization through LMT Services and with recipients you have chosen to send this information to through digital records issued with LMT Services.

If we ever were to engage in any onward transfers of your data with any third parties for a purpose other than which it was originally collected or subsequently authorized, we would provide you with an opt-out choice to limit the use and disclosure of your personal data.

4.2 INTERNATIONAL DATA TRANSFERS

You agree that, unless otherwise specified, all Personal Information collected by LMT may be transferred, Processed, and stored anywhere in the world, including but not limited to, the United States, the European Union, in the cloud, on our servers, on the servers of our affiliates or the servers of our service providers in order to provide the services.

5. OPT OUT

5.1 GENERAL

You have the right to object to and opt out of certain uses and disclosures of your Personal Information. Where you have consented to Learning Machine’s processing of your Personal Information, you may withdraw that consent at any time and opt-out to further processing by contacting security@learningmachine.com.

5.2 EMAIL AND TELEPHONE COMMUNICATIONS

If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt-out of receiving future emails. We will process your request within a reasonable time after receipt. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding LMT and our Services and you will not be able to opt out of those communications (e.g., communications regarding updates to our Terms or this Privacy Policy).

We maintain telephone “do-not-call” and “do-not-mail” lists as mandated by law. We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists within 60 days after receipt, or such shorter time as may be required by law.

5.3 “DO NOT TRACK”

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

6. RIGHTS OF ACCESS, RECTIFICATION, ERASURE, AND RESTRICTION

You have the right to access your personal data and you may inquire as to whether LMT is Processing Personal Information about you, request access to Personal Information, and ask that we correct, amend, or delete your Personal Information if it has been processed in violation of the Privacy Shield Principles. Where otherwise permitted by applicable law, you may send an e-mail to security@learningmachine.com or use any of the methods set out in this Privacy Policy to request access to, receive (port), seek rectification, restrict Processing, or request erasure of Personal Information held about you by LMT. Please include your full name, email address, and a detailed description of your request. Such requests will be processed in line with local laws.

Although LMT makes good faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which LMT is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question, where the request is manifestly unfounded or excessive, or where it is commercially proprietary. If LMT determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, LMT will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.

7. DATA RETENTION

LMT retains the Personal Information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

8. SECURITY OF YOUR INFORMATION

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy and our Data Security policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.

By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we will attempt to notify you electronically by posting a notice on the Services or sending an e-mail to you. You may have a legal right to receive this notice in writing.

9. EU-US & SWISS-US PRIVACY SHIELD

Learning Machine complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States, respectively. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.

Learning Machine requires our sub-processors to comply with the terms of Privacy Shield. You can view that list below.

 
Name Purpose
Amazon Web Services Cloud Infrastructure
Postmark Email Delivery
Datadog Application Monitoring
Matamo Login Session Monitoring
Box Document Storage

In compliance with the EU-US Privacy Shield and Swiss-US Privacy Shield, Learning Machine commits to resolve complaints about your privacy and our collection or use of your personal information. European or Swiss individuals with inquiries or complaints regarding this privacy policy should first contact Learning Machine by emailing us at security@learningmachine.com.

Learning Machine has further committed to refer unresolved privacy complaints under the Privacy Shield to an independent dispute resolution mechanism, the BBB EU Privacy Shield. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by Learning Machine, please visit the BBB EU Privacy Shield web site for more information and to file a complaint.

If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1.

Learning Machine is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

10. GDPR

Learning Machine’s commitment to GDPR regulations can be found http://learningmachine.com/gdpr

11. CHILDREN’S POLICY

The Services are not directed to children under 13 (and in certain jurisdictions under the age of 16) years of age, and LMT does not knowingly collect Personally Identifiable Information from children under 13 (and in certain jurisdictions under the age of 16) years of age. If we learn that we have collected any Personal Information from children under 13 (and in certain jurisdictions under the age of 16), we will promptly take steps to delete such information.

12. REDRESS/COMPLIANCE AND ACCOUNTABILITY

If you have any questions about our privacy practices, this Privacy Policy, or how to exercise your right to lodge a complaint with the appropriate authority, please contact LMT by email at security@learningmachine.com. We will address your concerns and attempt to resolve any privacy issues in a timely manner.

13. OTHER RIGHTS AND INFORMATION

13.1 CHANGES TO OUR PRIVACY POLICY

This Privacy Policy may change from time to time. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you use the Services after the updated Privacy Policy is posted on the Services. If at any point you do not agree to any portion of the Privacy Policy then in effect, you must immediately stop using the Services.

    • Revision to the Privacy Policy. We may revise this Privacy Policy at our sole discretion, so review it periodically. If you continue to visit the Site or use the Services made available to you after such changes have been made, you agree to the changes.
    • Posting of Revised Privacy Policy. If there are any material changes to this Privacy Policy, LMT will notify you by email or as otherwise required by applicable law. We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective immediately when it is posted (or upon notice as applicable). If you are concerned about how your information is used, bookmark this page and read this Privacy Policy periodically.
    • New Uses of Personal Information. Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will endeavor to provide information regarding the new purpose and give you the opportunity to opt-out. Where consent of the Individual for the Processing of Personal Information is otherwise required by law or contract, LMT will endeavor to comply with the law or contract.

    13.2 CALIFORNIA PRIVACY RIGHTS

    California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the Third Parties to whom we have disclosed their Personal Information (if any) in the prior calendar year, as well as the type of Personal Information disclosed to those parties. Except as set forth in this Privacy Policy, LMT does not share Personal Information with Third Parties.

    14. DEFINITIONS

    The following capitalized terms shall have the meanings herein as set forth below.

    • “Agent” means any Third Party that Processes Personal Information pursuant to the instructions of, and solely for, LMT or to which LMT discloses Personal Information for use on its behalf.
    • “Personal Information” is any information relating to an identified or identifiable natural person (“Individual”).
    • “Process” or “Processing” means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
    • “Third Party” is any company, natural or legal person, public authority, agency, or body other than the Individual, LMT or LMT’s Agents.

    15. REVISION HISTORY

    • November 27, 2019
    • September 01, 2018