LearnUp, Inc.

PRIVACY POLICY

Last Updated: June 21, 2016

Welcome

This Privacy Policy describes how LearnUp, Inc. (“we,” “us,” “our”, or “LearnUp”) protects your privacy when you use the website located at www.learnup.com as well as such other websites or mobile applications that we own or operate (Site(s)”). By using the Site, you agree to the terms of this Privacy Policy. If you do not agree with this Privacy Policy, you cannot use the Site. This Privacy Policy governs the treatment of user information, including personal information collected through the Site. “Personal information” means information that identifies you personally, either alone or in combination with other information available to us. This Privacy Policy is part of and incorporated into the Terms of Use of the Site. This Privacy Policy does not apply to any information that is collected or obtained through sites or services that do not link to this Privacy Policy.

Your Consent to This Privacy Policy

By using the Site, you are agreeing to the collection, use and disclosure of your personal information as described in this Privacy Policy. If you do not consent to the collection, use and disclosure of your personal information as described in this Privacy Policy, you may not use the Site. If you have any questions or concerns regarding this Privacy Policy or our privacy practices, please email us at hello@learnup.com.

This Privacy Policy May Change

We reserve the right to update or modify this Privacy Policy, at any time and without prior notice, by posting the revised version of this Privacy Policy on the Site. your use of the Site following any such change constitutes your agreement that all personal information collected from or about you through the Site after the revised Privacy Policy is posted on the Site will be subject to the terms of the revised Privacy Policy. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS PRIVACY POLICY, YOU MUST STOP USING THE SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES.

You may access the current version of this Privacy Policy at any time by clicking on the link marked “Privacy” at the bottom of the homepage of the Site.

What Personal Information Do We Collect on the Site?

Information You Volunteer. We collect the personal information you knowingly and voluntarily provide when you use the Site, for example, the information you provide when you register to use the Site, post any comment on the Site, or when you submit any feedback on the Site. We collect the following information when you register and set up an account on the Site or contact us by email or other means for any reason:

  • Your first and last name;
  • Your email address;
  • Your phone number;
  • Your postal code,
  • Your user name for the Site; and
  • Your password for the Site
You may also provide, and we may collect, the following information
  • Gender 
  • Age range
  • Ethnicity
  • Education level
  • School name
  • Military/veteran status
  • Years of experience
  • Years of retail experience;
  • Weekly work availability information; and
  • Such other information as is set forth elsewhere on the Site.

Information Sent to Us by Your Web Browser. We may collect information that is sent to us by your web browser, such as your Internet Protocol (“IP”) address, operating system, browser type, domain name, access times, and referring website address. The information we receive depends on the settings on your web browser. The information provided by your browser does not identify you personally. We use this non-personal information primarily to create statistics that help us improve the Site and our business. We may also share some of this information with other users of the Site, such as employers who are our actual or potential customers. In addition, we may review our server logs for security purposes, such as detecting intrusions into our network. If we suspect criminal activity, we reserve the right to share our server logs -- which contain visitors’ IP addresses -- with the appropriate investigative authorities who could use that information to trace and identify individuals.

Information Collected Using “Cookies” and Other Web Technologies. Like many commercial sites, we use “cookies,” pixel tags, and similar technologies to collect information and manage the Site.  Pixel tags are very small images or small pieces of data embedded in images, also known as "web beacons" or "clear GIFs,” that can recognize cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your computer or device. A cookie is a small text file that is placed on your hard disk by a web server. Cookies cannot be used to install computer programs or deliver viruses to your computer. We may use two types of cookies -- “session cookies” and “persistent cookies.”

A “session cookie” assigns a randomly-generated, unique identification number to your computer when you access the Site or advertisements hosted by us on third party websites. A session cookie expires after you close your browser. Generally, we use session cookies to collect information about the ways visitors use the Site. This information is known as “click-stream information.” Session cookies may also be used to facilitate your interactions with the Site.

A “persistent cookie” does not expire when you close your browser. A persistent cookie will stay on your computer until it expires or you delete it. Each time you visit the Site, our web server will recognize you by “searching” the information contained in these cookies. By assigning your computer a persistent, unique identifier, we are able to create a database of your previous choices and preferences. This permits us to offer you a personalized experience when you use the Site, as well as to enable potential employers to identify suitable job seekers, or for other purposes connected with our business. Assigning your computer a persistent, unique identifier also helps us keep a more accurate account of how many people visit the Site, how often they return, how their use of the Site may vary over time, and the effectiveness of our promotional efforts.

If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. You may also delete our cookies as soon as you leave the Site. Although you are not required to accept our cookies when you visit the Site, if you set your browser to reject cookies, you may not be able to use all of the features and functionality of the Site.

We may also collect information regarding visits to advertisements or other content that we host on behalf of our clients, which may appear on third party websites. This information may include the number of times an advertisement was viewed, how long the advertisement was viewed, the time of day, and the IP address of the computer that viewed the advertisement (collectively, “Advertising Data”).

Information Sharing, Use, and Disclosure

We do not disclose any nonpublic personal information about you to anyone except as set forth in this Privacy Policy and as permitted by law. We will use and disclose information that we obtain from you as follows:

  • Internal Use. We use the personal information collected through the Site to provide you information you may request (including, but not limited to, placing you on our email list, or providing you information on Site updates or other relevant information); to improve the Site; and for any other purposes related to our business.
  • Potential Employers. We disclose the following personal information to the employers who use and contribute job postings to the Site: your first and last name; your email address; and your phone number. We also reserve the right to disclose the following information to the employers who use and contribute job postings to the Site: your military/veteran status (if applicable); your years of retail experience (if any); your weekly work availability schedule; and your review and/or completion of training modules or other content on the Site.
  • Non-affiliated Service Providers. We share personal information and advertising data collected through the Site or through advertisements hosted by Us with companies and organizations that perform services on our behalf, for example, companies that provide data management or other support services to Us (such as data storage and Web hosting services).
  • Aggregate Use and Disclosure. We share advertising data in aggregate form only (so that no personally identifiable information will be included) with our potential clients, to assist them in assessing whether or how they plan to advertise using the Site. Information submitted to the Site or collected by advertisements we host is our asset and will become part of our normal business records. We reserve the right to disclose, in each case, in anonymous, aggregate form (such that no personally identifiable information will be included), your gender, your age range, your ethnicity, and education level, as well as such other information that is collected hereunder.
  • Compliance with Law. We disclose the personal information we collect through the Site when we, in good faith, believe disclosure is appropriate to comply with applicable law (or a court order or subpoena), to prevent or investigate a possible crime, such as fraud or identity theft, to protect the security and integrity of the Sites and our services, including, without limitation, to enforce the Terms of Use of the Site or other agreements that govern your use of the Site, to protect the rights, property or safety of LearnUp, our users or others, to take precautions against liability, or to protect your vital interests.
  • Advertising Data. Advertising data is used in order to help us, our clients, or potential advertisers evaluate information designed to enhance the success of a particular advertising campaign. In addition, the personal information collected is used for identification and authentication, and to contact you.
  • Other Uses and Disclosures. We may use and disclose your personally identifiable information to the extent reasonably necessary to correct technical problems and malfunctions in how we provide our products and service to you. In addition, your personal information and other data collected by us may be transferred to another company that has acquired our stock or assets, for example, as a result of a sale, merger, reorganization, dissolution or liquidation. If such a transfer occurs, the acquiring company’s use of your personal information will still be subject to this Privacy Policy, and the privacy preferences you have expressed to us.

Your California Privacy Rights

Under California Civil Code Section 1798.83 (the “Shine the Light” law), California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us once per calendar year certain disclosures about the personal information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of personal information, and the names and addresses of those businesses with which we shared personal information, for the immediately prior calendar year (e.g. requests made in 2016 will receive information regarding 2015 sharing activities). To make such a request, please send an email to hello@learnup.com with a subject line of “Request for California Privacy Information.” Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.

Do-Not-Track Signals

In some cases, third parties may be able to collect information about a user’s online activities over time and across different websites when he or she uses our Site or services. Some web browsers may transmit “do-not-track” signals to the websites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. Because there currently is no industry standard concerning what, if anything, websites should do when they receive such signals, we currently do not take action in response to these signals.

Modifying Your Information; Opt-Out Clause

We respect your right to make choices about the ways we collect, use and disclose your personal information. You may update or modify your information or change your privacy preferences (such as whether you wish to receive promotional offers) at any time by emailing us at hello@learnup.com.

If you wish to have your name removed from any of our mailing or subscription lists, please write to us at our above address or click the “remove subscription” link set forth in the relevant communication (typically provided at the end of such communication). In the event that you contact us with this request, all reasonable efforts will be taken to ensure that you will not receive any further communications from which you have opted-out in the future.

Wireless Addresses

If the e-mail address you provide to us is a wireless e-mail address, you agree to receive messages from us at such address unless and until you tell us not to send messages to that address, by following the instructions in the “Modifying Your Information; Opt-Out Clause” section above. Your wireless carrier’s standard rates will apply as long as you are receiving messages at a wireless e-mail address. If you give us a wireless e-mail address, you represent that you are the owner or authorized user of the device on which messages will be received and that you are authorized to approve the applicable charges.

Transfer of Data Abroad; International Users

If you are visiting the Site from a country other than the countries in which our servers are located (currently United States of America) the various communications will necessarily result in the transfer of information across international boundaries. By visiting the Site and communicating electronically with us, you consent to the processing and transfer of your data as set out in this Privacy Policy. Please note that the Site is directed towards users who reside in and are nationals of the United States or Canada. By using the Site, you consent to the collection, storage, processing, and transfer of your information in and to the United States, or other countries and territories, pursuant to the laws of the United States.

Security

We have endeavored to put into place reasonable security measures in an effort to protect your personal information while it is under our control. When you send information to us during the registration process or access your account information, we will use a secure server with Secure Socket Layer encryption software that makes unauthorized access more difficult. In addition, your account information is accessible online only through the use of a password. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable. Due to the open nature of the Internet, We cannot guarantee that any of your information stored on our servers, or transmitted to or from a us or a user, will be 100% free from unauthorized access, and we disclaim any liability for any theft or loss of, unauthorized access or damage to, or interception of any data or communications. By using the Site, you acknowledge that you understand and agree to assume these risks.

If you correspond with us by e-mail, or using the “contact us” feature on the Site, you should be aware that your transmission might not be secure. We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.

If we believe that the security of your information may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we will endeavor to notify you as promptly as possible by e-mail. You consent to our use of your e-mail address as a means of such notification. To protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of the Site by any person using your password, whether or not you authorized such activity. Please notify us of any unauthorized use of your password or account or any other breach of security. If you have any questions about our security practices, feel free to email us at hello@learnup.com.

Links to Third Party Websites

The Site and various advertisements hosted by us, if any, may contain links to websites that are not operated by us, including but not limited to, websites operated by our users or clients. These links are provided for your reference and convenience only and do not imply any endorsement of the activities of these third party websites nor any association with their operators. We do not control these websites and are not responsible for their data practices. We urge you to review the privacy policy and security practices posted on any websites you visit before using the websites or providing any personal information about yourself; they are often located at the bottom of the website’s homepage at a link titled “Privacy.”

Minors

You must be at least thirteen (13) years old and a registered user to post to the Site. If you are over thirteen (13) years old but have not yet reached the age of majority, you must have your parent or guardian’s permission to post to the Site.

We do not knowingly collect, use, or disclose personal information from children under the age of 13.   We do not authorize individuals who are under the age of 13 to use the Site, nor do we in any way direct our Site to those under 13 years of age. If we are made aware we have collected personal information from a child under 13 years old in a manner that is inconsistent with the Children’s Online Privacy Protection Act, we will delete this information as soon as possible.

Contacting Us about Privacy / Your Information Rights

If you have any questions about this Privacy Policy, our privacy practices, or any disclosure of personal information to third parties for direct marketing purposes, you can contact us via e-mail at hello@learnup.com, or via regular mail at:

Attention: Privacy / Legal Affairs
LearnUp, Inc.
c/o Gibson, Dunn & Crutcher LLP
1881 Page Mill Road, Palo Alto, CA 94304-1211

Effective Date of This Privacy Policy

This Privacy Policy is effective as of June 21, 2016.

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