Privacy Policy

Welcome, and thank you for your interest in Aptree LMS ("Aptree," "we," or "us"), our website at https://www.aptreelms.com (the "Site"), and all related websites, downloadable software, mobile applications (including tablet applications), and other services provided by us and on which a link to this Privacy Policy is displayed, and all other communications with individuals through from written or oral means, such as email or phone (collectively, together with the Site, our "Service").This Privacy Policy ("Policy") describes the information we gather on or through the Service, how we use and disclose such information, and the steps we take to protect such information. By visiting the Site or purchasing or using the Service, you accept the privacy practices described in this Policy. This Policy is incorporated into and is subject to the Aptree LMS Terms of Service. Capitalized terms used but not defined in this Policy have meaning in the Aptree LLC Terms of Service.

Definitions

"Client" means a customer of Aptree LLC. "Client Data "means personal data, reports, addresses, and other files, folders, or documents in electronic form that a User of the Service stores within the Service. "Personal Data" means any information relating to an identified or identifiable natural person. "Public Area" means the Site area that can be accessed both by Users and Visitors without logging in. "Restricted Area" means the area of the Site that can be accessed only by Users and where access requires logging in. "User" means an employee, agent, or representative of a Client who primarily uses the Site's restricted areas to access the Service. "Visitor" means an individual other than a User who uses the public area but has no access to the restricted areas of the Site or Service.This Policy details our commitment to protecting the privacy of individuals who: visit our Websites (defined below) ("Website Visitors") or individuals who request us to contact them via our online web forms; who register to use the products and services which we market for subscription available at https://aptreelms.com (the "Service(s)"); or attend or register to attend webinars, sponsored events or other events at which the Aptree LMS participates ("Attendees").

Scope Of This Policy

For this Policy, the term "Websites" shall refer collectively to www.aptreelms.com or https://aptreelearning.com and the other websites that the Aptree LLC operates and that link to this Policy. This Policy describes how Aptree LLC collects, uses, shares, and secures personal data. It also describes your choices regarding using, accessing, and correcting your data.Our Websites may contain links to other websites. The information practices and the content of such other websites are governed by the privacy statements of such other websites. We encourage you to review the privacy statements of any such other websites to understand their information practices.

When this Policy does not apply

Service Data:Except for Account Information (as defined below) and other information we collect in connection with your registration or authentication into our Services, this Policy does not apply to our security and privacy practices in connection with electronic data, text, messages, communications, or other materials submitted to and stored within the Services by you ("Service Data"). Service Data security and privacy practices are detailed in and governed by our Master Subscription Agreement or other applicable agreement between you and any member of the Aptree LLC relating to your access to and use of such Services (collectively referred to as the "Service Agreement").Subscribers to our Services are solely responsible for establishing policies for and ensuring compliance with all applicable laws and regulations, as well as any privacy policies, agreements, or other obligations, relating to the collection of personal data in connection with the use of our Services by individuals (also referred to as "data subjects") with whom our Subscribers interact.We collect information under the direction of our Subscribers and have no direct relationship with individuals whose personal data we process in connection with our Subscriber's use of our Services. The use of information collected through our Services shall be limited to providing the Service for which Subscribers have engaged a member of Aptree LLC. If you are an individual who interacts with a Subscriber using our Services (such as a customer or user of one of our Subscribers) and requires assistance or would either like to amend your contact information or no longer wish to be contacted by one of our Subscribers that use our Services, please get in touch with the Subscriber that you interact with directly.

Information That You Provide To Us

Account and Registration Information:We ask for and may collect personal data about you, such as your name, address, phone number, email address, and credit card information, as well as certain related information like your company name and website name, when you register for an account to access or utilize one or more of our Services (an "Account"). We also ask for and collect personal data such as an email address and a name or alias from any individual that you authorize to log into and utilize our Services in connection with Your Account (an "Agent" or "End-User" as defined in the Service Agreement). We base the processing of your data on our legitimate interest to provide you with the necessary functionality during your use of our Service (s).If you sign-up for a free trial Account, you are not required to enter your credit card information unless and until you decide to continue with a paid subscription to our Services. A third-party intermediary is used to manage credit card processing. This intermediary is not permitted to store, retain, or use your billing information except for credit card processing on our behalf.We refer to any information described above as "Account Information" for this Policy. By voluntarily providing us with Account Information, you represent that you are the owner of such personal data or otherwise have the requisite consent.

Other Submissions:We ask for and may collect personal data from you when you submit web forms on our Websites or as you use interactive features of the Websites, including participation in webinars, surveys, contests, promotions, sweepstakes, requesting customer support, or otherwise communicating with us. We process your data to perform our contract with you for the use of our websites and the Service (s) and to fulfill our obligations under the Service Agreement to you; where we have not entered into the Service Agreement with you, we base the processing of your data on our legitimate interest to operate and administer our websites and to provide you with the content you access and request.

Attendee Information:We ask for and may collect personal data such as your name, address, phone number, and email address when you register for or attend a sponsored event or other events at which any member of Aptree LLC participates to facilitate your registration or attendance at an event, including sending related communications to you.When you or your Agents download and use our Services, we reserve the right to collect information such as the type of device you use, the operating system version of the device, the cellular carrier facilitating connection to the mobile application, and the country the relationship is arising from, performing our obligations under our Subscription Agreement with our Subscribers.

Information That We Collect From You on our Websites Cookies and Other Tracking Technologies:Our authorized partners may use cookies and other information-gathering technologies for various purposes. These technologies may provide us with personal data, information about devices and networks you utilize to access our Websites, and additional information regarding your interactions with our Websites. For detailed information about cookies on our Websites and how to manage your cookie settings, please read and review our Cookie Policy.We may use web beacons, tags, and scripts on our Websites or in email or other electronic communications we send to you. These assist us in delivering cookies, counting visits to our Websites, understanding usage and campaign effectiveness, and determining whether an email has been opened and acted upon. We may receive reports based on these technologies by our third-party service providers individually and collectively.We use Local Storage such as HTML5 and Local Shared Objects ("LSOs," also known as Flash cookies) to store content information and preferences. Various browsers may offer management tools for removing HTML5. Third parties with whom we partner to provide certain features on our Websites or display advertising based upon your Web browsing activity use HTML5 and Flash to collect and store information. For more details on how to manage Flash cookies, please click here.Our third-party partners may also use cookies, web beacons, tags, flash, HTML5, scripts, or other tracking technologies to gather information about your activities on our Websites and other sites to suggest advertisements based on your browsing activities and interests. If you wish not to have this information used to serve you interest-based ads, you may opt-out by clicking here and here (or if located in the European Union, you may opt into cookies by clicking here). Please note this does not opt you out of being served ads, and you will continue to receive generic, untargeted ads.

Logs:

As is true with most websites and services delivered over the Internet, we gather certain information and store it in log files when interacting with our Websites and Services. This information includes internet protocol (IP) addresses as well as browser type, internet service provider, URLs of referring/exit pages, operating system, date/time stamp, the information you search for, locale and language preferences, identification numbers associated with your devices, your mobile carrier, and system configuration information. Occasionally, we connect personal data to information gathered in our log files to improve our Websites and Services. In such a case, we would treat the combined information under this Policy.

Analytics:We collect analytics information when you use the Websites to help us improve them, including cookies. We may also share aggregated and/or anonymized data about your actions on our Websites with third-party service providers of analytics services. We also use mobile analytics software to understand better the functionality of our mobile versions of our Services on your mobile device. This software may record information such as how often you use the application. These events occur within the application, aggregated usage, performance data, and downloaded application. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile application.

Information Collected From Other Sources Social Media Widgets:

The Websites include social media features, such as the "Facebook Like" button, and widgets, such as the "Share This" button or interactive mini-programs that run on our Websites. These features may collect your Internet protocol address and which page you are visiting on the Websites and set a cookie to enable the feature to function correctly. Social media features and widgets are either hosted by a third party or hosted directly on the Websites. Your interactions with these features are governed by the privacy statement of the companies that provide them.

Information From Services Provided by Third Parties:

We may also obtain other information, including personal data, from third parties and combine that with information we collect through our Websites. For example, we may have access to certain information from a third-party social media or authentication service if you log into our Services through such a service or otherwise provide us with access to information from the Service. Any entry that we may have to such information from a third party social media or authentication service is by the authorization procedures determined by that Service. Suppose you authorize us to connect with a third-party service. We will access your name, email address(es), current city, profile picture URL, and any other personal data that the third-party Service makes available to us and use and disclose it by this Policy. You should check your privacy settings on these third-party services to understand and change the information sent to us. For example, you may choose to log in to the Services using single sign-in services such as Facebook Connect or an Open ID provider.These single sign-on services will authenticate your identity, share specific personal data (such as your name and email address) with us, and pre-populate our sign-up form. Services like Facebook Connect will enable you to post information about your activities in the Services to your profile page to share with others within your network.

How We Use Information That We Collect

General Uses:

We may use the information we collect about you (including personal data, to the extent applicable) in order to perform our obligations under our Service Agreement with you and on the basis of our legitimate interest including to (a) provide, operate, maintain, improve, and promote the Websites and the Services; (b) enable you to access and use the Websites and the Services; (c) process and complete transactions, and send you related information, including purchase confirmations and invoices; (d) send transactional messages, including responses to your comments, questions, and requests; provide customer service and support; and send you technical notices, updates, security alerts, and support and administrative messages; (e) send promotional communications, such as providing you with information about products and services, features, surveys, newsletters, offers, promotions, contests, and events; and provide other news or information about us and our partners (you can opt-out of receiving marketing communications from us by clicking "unsubscribe" in our email footers and providing the names/email address(es) that you would like removed from our marketing databases and added to our 'Do Not Contact' list" or following the unsubscribe instructions included in our marketing communications); (f) process and deliver contest or sweepstakes entries and rewards; (g) monitor and analyze trends, usage, and activities in connection with the Websites and Services and for marketing or advertising purposes; (h) investigate and prevent fraudulent transactions, unauthorized access to the Websites and the Services, and other illegal activities; (i) personalize the Websites and Services, including by providing features or advertisements that match your interests and preferences; and (j) for other purposes for which we obtain your consent.

Legal basis for processing (EEA visitors only):

If you are a visitor from the European Economic Area ("EEA"), our legal basis for collecting and using the personal data described above will depend on the personal data concerned and the specific context in which we collect it.However, we will generally collect personal data from you only where we need the personal data to perform a contract with you (e.g., to provide you with our Services), where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms, or where we have your consent. We may also have a legal obligation to collect personal data from you.If we ask you to provide personal data to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your data is mandatory or not (as well as of the possible consequences if you do not provide your information)Similarly, suppose we collect and use your data based on our legitimate interests (or any third party). In that case, we will clarify why we need to use your data. If we process personal data relying on your consent, you may withdraw your consent.If you have questions about or need further information concerning the legal basis we collect and use your data, don't hesitate to contact us using the contact details provided below the "Contact Us" section.

Sharing Of Information Collected Third-Party Service Providers:

We share information, including personal data, with our third-party service providers to provide hosting for and maintenance of our Websites, application development, backup, storage, payment processing, analytics, and other services. These third-party service providers may access or process your data to provide these services for us. We do not permit our third-party service providers to use the personal data that we share with them for their marketing purposes other than the services they provide to us.We may also share aggregated and anonymized information regarding your use of the Services with third parties for marketing purposes based on our legitimate interest in developing and promoting Service (s). However, we would never identify you, your Agents, or End-Users as the source of information.We may collect and we may engage third-party analytics providers to manage metrics and information regarding your use of the Service, including evaluating how Agents and End-Users use the Service ("Usage Data") to develop new features, improve existing features or inform sales and marketing strategies, based on our legitimate interest to improve the Services. When we process Usage Data, any personal data shall be anonymized. Any such third-party analytics providers will not share or otherwise disclose Usage Data, although we may make Usage Data publicly available from time to time.

Compliance with Laws and Law Enforcement Requests; Protection of Our Rights:

In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may disclose personal data to respond to subpoenas, court orders, or legal processes to establish or exercise our legal rights or defend against claims. We may also share such information if we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Service Agreement, or as otherwise required by law.

Testimonials:From time to time, we may post testimonials on Websites that may contain personal data. We always obtain your consent to post your name along with your testimonial. If you wish to update or delete your testimonial, you can contact us at [email protected].

Referrals:If you choose to use our referral service to tell a friend about our products and services, we will ask you for your friend's name and email address. You must only provide your friend's name and email address if you believe they will not contact us. If you do, we will automatically send your friend an email inviting them to visit the Websites and store this information to send this initial email and track the success of our referral program and other marketing activities. Your referral may contact us at [email protected] to remove their information.

Community Forums:The Websites may offer publicly accessible blogs, community forums, comments sections, discussion forums, or other interactive features ("Interactive Areas"). You should be aware that any information you post in an Interactive Area might be read, collected, and used. To request the removal of your data from an Interactive Area, contact us at [email protected]. In some cases, we may not be able to remove your data, in which case we will let you know if we are unable to do so and why.

Aptree LMS Sharing:We may share information, including personal data, with any member of the Aptree LMS, and they will use that information only for the purposes already described in this Policy.

To Market our Services:We may share information, including personal data, with our channel partners solely to enable our channel partners to notify you about our Services. Aptree LMS requires its channel partners to provide an opt-out option within your communications. You are opting out of receiving future communication from our channel partner by opting out.

With Your Consent:We may also share personal data with third parties when we consent to do so.International Transfer of Personal Data We do not share your data with third parties unless necessary to carry out your request for our professional or legitimate business needs or as required or permitted by law. Where we transfer your data to third parties or service providers, appropriate arrangements will be made to ensure correct and secure data processing in compliance with applicable data protection law.We store personal data about Website Visitors and Subscribers within the EEA, the United States, and other countries and territories. To facilitate our global operations, we may transfer and access such personal data worldwide, including from other countries in which the Aptree LMS has functions. Therefore, your data may be processed outside of the EEA and in countries that are not subject to a good decision by the European Commission and may not provide the same level of data protection as the EEA.You can obtain more details of the protection given to your data when it is transferred outside Europe (including a sample copy of the model contractual clauses) by contacting us at [email protected]

Other Important Privacy Information Notice to End-Users

Our Services are intended for use by enterprises. Our Services are made available to you through a Subscriber of ours; that enterprise is the data controller. Your data privacy questions and requests should initially be submitted to the Aptree LMS Subscriber as your data controller. Aptree LMS is not responsible for our Subscribers' privacy or security practices, which may differ from this Policy.

Aptree LMS's Subscribers can:

Restrict, suspend or terminate your access to the Services; access and describe the data you provided to them; access and export your data processed by them; and amend your data, including your end-user profile.

Data retentionWhere Aptree LMS is the data controller of personal data (for example, personal data relating to Website Visitors, Attendees, and individuals who register to use our Services), then we retain the personal data we collect where we have an ongoing legitimate business need to do so (for example, to provide you with our Services, to enable your participation in an event, and to comply with applicable legal, tax or accounting requirements).When we have no ongoing legitimate business need to process your data, we will either delete or aggregate it or, if this is not possible (for example, because your data has been stored in backup archives). We will securely store your data and isolate it from any further processing until deletion is possible.Suppose your data is processed within a Subscriber's Service Data. In that case, we will process the personal data for as long as the relevant Subscriber instructs us, that is, the data controller of the Subscriber Service Data.

How to Exercise Your Data Protection Rights You have choices regarding your data. Below is a summary of those choices, exercise them, and any limitations.

Correcting, updating, and removing your information:An individual who seeks to exercise their data protection rights in respect of personal data stored or processed by us on behalf of a Subscriber of ours within the Subscriber's Service Data (including to seek access to, or to correct, amend, delete, port or restrict processing of such personal data) should direct their query to our Subscriber (the data controller). Upon receiving a request from one of our Subscribers for us to remove the personal data, we will respond to their request within thirty (30) days. We will retain personal data that we process and store on behalf of our Subscribers for as long as needed to provide the Services to our Subscribers.

Accessing and updating or deleting your information:Our Services and related documentation on our Privacy and Data Protection site give Agents and End-Users the ability to access, update and delete specific personal data from within the Service. For example, you can access your Agent or End-User profile and update your data. In cases where we act as the data controller, we will provide you with whether we hold any of your data upon request. We will respond to such requests within a reasonable timeframe. Please note, however, that we may need to retain certain information for record-keeping purposes, to complete transactions, or to comply with our legal obligations.

Deactivating your user profile:If you no longer wish to use our Services, Aptree LMS's Subscriber may deactivate your End-User account. First, please contact Aptree LMS's Subscriber with your request. If you are an Aptree LMS Subscriber and cannot deactivate an End-User account through your administrator settings, contact Aptree LMS for support. Please be aware that deactivating your account does not delete your information; your information remains visible to other Service users based on your past participation. For more information on deleting your information, visit our Privacy and Data Protection site.

Request that we stop using your information:You may request that your data no longer be accessed, stored, used, and otherwise processed where you believe that an Aptree LMS Subscriber or Aptree LMS does not have the appropriate rights. For example, if you feel a Services account was created for you without your permission or you are no longer an active user, you can request that we delete your account as provided in this Policy. You gave us consent to use your data for a limited purpose; you can withdraw that consent. You can also opt out of our data for marketing purposes by contacting us, as provided below. We may need time to investigate and facilitate your request when you make such requests. Please note that an Aptree LMS Subscriber should first contact Aptree LMS's Subscriber to stop access, storage, and use of personal data. Suppose there is a delay or dispute as to whether we can continue using your data. We will restrict any further use of your data until the request is honored or resolved, provided the Aptree LMS Subscriber does not object (where applicable).

Opt-out of communications:We offer those who provide personal contact information a means to choose how we use the information provided. You may manage your marketing and non-transactional communications by clicking on the "unsubscribe" link located at the bottom of our marketing emails, or you may send a request to privacy@Aptree LMS.com. You may receive promotional communications from us by using this unsubscribe link within each email. Even after you opt out from receiving promotional messages from us, if you are an Agent, you will continue to receive transactional messages regarding our Services. You can opt-out of some notification messages in your account settings.

Other data protection rights:If you wish to exercise any other data protection rights that are available to you under your local data protection laws (such as the right to data portability or data restriction), then please send your request to privacy@Aptree LMS.com, and we will respond to your request by applicable data protection laws.You have the right to complain to your local data protection authority if you are unhappy with our practices. Contact details for data protection authorities in the European Economic Area are available here.

Children's Personal Data We do not knowingly collect any personal data from children under 14. If you are under the age of 14, please do not submit any personal data through our Websites or Services. We encourage parents and legal guardians to monitor their children's Internet usage and help enforce this Policy by instructing their children never to provide personal data through the Websites or Services without their permission. If you have reason to believe that a child under the age of 14 has provided personal data to us through the Websites or Services, please contact us at [email protected]. We will use commercially reasonable efforts to delete that information.Business Transactions We may assign or transfer this Policy and your account and related information and data, including any personal data, to any person or entity that acquires all or substantially all of our business, stock, or assets or with whom we merge. If we do, we will inform them of the requirement to handle your data by this Policy.

Supplemental Terms and Conditions for Certain RegionsAustralia:Personal data collected, stored, used, and/or processed by the Aptree LMS, as described in this Policy, is collected, stored, used, and/or processed in accordance with the Australian Privacy Act 1988 (Commonwealth) and the Australia Privacy Principles as we further detail here.Suppose you are dissatisfied with our handling of a complaint or do not agree with our resolution. In that case, you may complain to the Office of the Australian Information Commissioner ("OAIC") by contacting the OAIC using the methods listed on their website at http://www.oaic.gov.au. Alternatively, you may request that we pass on the details of your complaint to the OAIC directly.

Brazil:Personal data collected, stored, used, and/or processed by the Aptree LMS, as described in this Policy, is collected, stored, used, and/or processed in accordance with Brazilian Law No. 13,709/2018, as amended (LGPD). Those individuals who use or access our Website or Services expressly consent to collecting, using, storing, and processing their personal data by us for the purposes described in this Policy.

Canada:Personal data (as the term is defined in the Personal Data Protection and Electronic Documents Act of Canada ("PIPEDA") will be collected, stored, used, and/or processed by the Aptree LMS in accordance with the Aptree LMS's obligations under PIPEDA.

Japan:Personal data collected, stored, used, and/or processed by the Aptree LMS, as described in this Policy, is collected, stored, used, and/or processed in accordance with Japan's Act on the Protection of Personal Data.

New Zealand:Personal data collected, stored, used, and/or processed by the Aptree LMS, as described in this Policy, is collected, stored, used, and/or processed in accordance with New Zealand's Privacy Act 2020 and its 13 Information Privacy Principles ("NZ IPPs") as we further detail here.

Singapore:Personal data collected, stored, used, and/or processed by the Aptree LMS, as described in this Policy, is collected, stored, used, and/or processed in accordance with the Aptree LMS's obligations under the Personal Data Protection Act 2012 of Singapore as we further detail here.

United Kingdom:Personal data collected, stored, used, and/or processed by the Aptree LMS, as described in this Policy, is collected, stored, used, and/or processed in accordance with the Aptree LMS's obligations under the UK Data Protection Act 2018.

Aptree LMS Supplemental Privacy Policy for California Residents:The California Consumer Privacy Act ("CCPA"), which is effective as of January 1, 2020, regulates how we handle the personal data of California residents and gives California residents certain rights concerning their data.Aptree LMS is both a "business" and a "service provider" under the CCPA. The following supplemental privacy policy applies to information we collect in our role as a business—this is when we interact directly with you.When we act as a service provider (for example, by providing our services to another company that you interact with), we follow the instructions of the business that engaged us concerning how we process your data. If you want more information about how your data is processed by other companies, including companies that hire us as a service provider, don't hesitate to contact those companies directly.This supplemental privacy policy is effective as of May 11, 2022, shall apply only to residents of California, and may be subject to change. The general privacy policy shall continue to apply to the extent that it applies to you as a resident of California. If you are a resident of California, we are required to disclose specific uses and disclosures in a particular format and inform you of certain rights you may have. Any capitalized terms used in this supplemental privacy policy shall have the same meaning as the general privacy policy.

Additional Disclosures:We do not sell personal data of any individual, including personal data of minors under 14 years of age. We have disclosed the following categories of personal data for business purposes within 12 months before this Policy's last update.

Identifiers Demographic Information Commercial Information Internet or other electronic network activity information Geolocation data Audio, electronic, visual, or similar information Professional or employment-related information Inferences drawn from any of the above information. We have not disclosed any personal data for valuable consideration in the 12 months before this Policy's last update.

Where Aptree LMS is the data controller of personal data (for example, personal data relating to Website Visitors, Attendees, and individuals who register to use our Services), then we retain the personal data we collect where we have an ongoing legitimate business need to do so (for example, to provide you with our Services, to enable your participation in an event, and to comply with applicable legal, tax or accounting requirements).When we have no ongoing legitimate business need to process your data, we will either delete or aggregate it or, if this is not possible (for example, because your data has been stored in backup archives). We will securely store your data and isolate it from any further processing until deletion is possible.Suppose your data is processed within a Subscriber's Service Data. In that case, we will process the personal data for as long as the relevant Subscriber instructs us, that is, the data controller of the Subscriber Service Data.

Changes To This Policy This Policy may be updated from time to time to reflect changing legal, regulatory, or operational requirements. We encourage you to periodically review this page for the latest information on our privacy practices.If there are any material changes to this Policy, you will be notified by posting a prominent notice on the Websites before the change becomes effective.If you do not accept any changes made to this Policy, please discontinue using the Websites and the Services.Contact Us If you have questions or complaints regarding this Policy or privacy practices, don't hesitate to contact us at [email protected].