PRIVACY POLICY

LAST MODIFIED: April 14, 2021

LearningRx, Inc. and its affiliates (including without limitation, PACE TRAINING, INC., BrainRx, Inc., and BrainSkills, Inc.) (“LearningRx,” “us,” “we” or “our”) is committed to protecting the users of the <www.learningrx.com> website, and any related websites (collectively, the “Sites”). This privacy policy (this “Policy”) discloses LearningRx’s information privacy practices for the Sites and the services provided by LearningRx (the “Services”), and is intended to inform users and other visitors to the Sites of the data collection and use practices of the Sites and the Services.

Amendments to this Policy will be posted on the Sites and will be effective when posted. Your continued use of any of the Sites or Services following the posting of any amendment will constitute your acceptance of that amendment. If you do not agree and consent, discontinue the use of the Sites and any of the Services.

If you have questions or concerns regarding this Policy, you should contact LearningRx as provided in Section 20.



1. DATA CONTROLLER

  • Your data controller is LearningRx, Inc., to the extent that it is processing your personal data.

  • You can contact your data controller by email at privacy@LearningRx.com or by phone at 866-272-4601. You can also contact the data controller by writing to:
    LearningRx, Inc.
    5085 List Drive, Suite 200
    Colorado Springs, CO 80919, USA



2. PERSONAL INFORMATION

“Personal Information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person or household. Personal Information includes, without limitation, the following if it identifies, relates to, describes, is capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular person or household:

  • Identifiers such as a real name, alias, postal address, hometown, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers;

  • Information such as signature, physical characteristics or description, telephone number, education, employment, employment history, bank account number, credit card number, debit card number, or other financial information, medical information, or health insurance information;

  • Age and date of birth;

  • Physical information, such as height, weight, body measurements and gender;

  • Images, photos and videos;

  • Characteristics of protected classifications under applicable law;

  • Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies;

  • Biometric information;

  • Internet or other electronic network activity information, including without limitation, browsing history, search history, and information regarding a person’s interaction with an Internet web site, application, or advertisement;

  • Audio, electronic, visual, thermal, olfactory, or similar information;

  • Professional or employment-related information;

  • Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99); and

  • Inferences drawn from any of the information identified above to create a profile about a person reflecting the person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

“Personal Information” does not include publicly available information. “Publicly available” means information that is lawfully made available from federal, state, or local government records, or any conditions associated with such information. In addition, to the extent that any Personal Information is “de-identified,” it will be treated as non-Personal Information, and we may use it without obligation to you, except as prohibited by applicable law.



3. HOW WE COLLECT INFORMATION

Information You Provide to Us. We collect Personal Information you provide directly to use via the Sites or the Services. For example, Personal Information is collected when you use or register at the Sites or for the Services, subscribe to any notifications, post on the Sites, participate in promotional activities, apply for a job, communicate with us through the Sites or the Services, or use an application. 

Information We Collect Automatically from Your Use of the Sites or the Services. We and our service providers collect information about the Sites and the Services that you use and how you use them. This information includes, without limitation: IP Address, device type, Ad ID, and information about your use of the Sites and the Services (“Usage Information”). This information is collected in part through the use of cookies and pixel tags. To the extent that Usage Information is deemed Personal Information pursuant to applicable law, or is combined with Personal Information, we will treat it as Personal Information under this Privacy Policy.

Information Collected from Other Sources. We collect information about you from third parties, including without limitation, social media, such as:

  • Facebook. LearningRx may allow you to connect a Facebook page or profile to your LearningRx account, in which case we will access certain information from Facebook regarding your account.  In particular, we may collect profile image, display name, username/page ID or profile ID, access tokens and sent posts.  This includes the content of your posts and engagement data (such as click rates, likes, re-shares, impressions, as well as general engagement counts), to the extent permitted by applicable law.  The Sites utilize the Conversion Tracking Pixel service of Facebook Inc., 1601 S. California Avenue, Palo Alto, CA 94304.  This tool allows us to follow the actions of users after they are redirected to a provider’s website by clicking on a Facebook advertisement.  We are thus able to record the efficacy of Facebook advertisements for statistical and market research purposes.  The collected data remains anonymous.  This means that we cannot see the personal data of any individual user.  However, the collected data are saved and processed by Facebook.  Facebook is able to connect the data with your Facebook account and use the data for their own advertising purposes, in accordance with Facebook’s Data Use Policy found at https://www.facebook.com/about/privacy.  The Facebook tools also allow Facebook and its partners to show you advertisements on and outside Facebook.  In addition, a cookie will be saved onto your computer for these purposes. 

  • Twitter. LearningRx may allow you to connect a Twitter profile to your LearningRx account, in which case we will access certain information from Twitter regarding your account.  In particular, we may collect profile image, display name, username/profile ID, access tokens and sent posts.  This includes the content of your posts and engagement data (such as click rates, likes, retweets, re-shares, impressions, as well as general engagement counts), to the extent permitted by applicable law.  This data will only be used by LearningRx to provide you with the Services and will not be shared with any third parties.

  • Instagram. LearningRx may allow you to connect an Instagram profile to your LearningRx account, in which case we will access certain information from Instagram regarding your account.  In particular, we may collect profile image, display name, username/profile ID, access tokens, and sent posts.  This includes the content of your posts and engagement data (such as click rates, likes, re-shares, impressions, as well as general engagement counts), to the extent permitted by applicable law.  This data will only be used by LearningRx to provide you with the Services and will not be shared with any third parties.

  • Pinterest. LearningRx may allow you to connect a Pinterest page or profile to your LearningRx account, in which case we will access certain information from Pinterest regarding your account.  In particular, we may collect profile image, display name, username/profile ID, access tokens, sent posts, and profile boards.  This includes the content of your posts and engagement data (such as click rates, likes, re-shares, re-pins, impressions, as well as general engagement counts), to the extent permitted by applicable law.  This data will only be used by LearningRx to provide you with the Services and will not be shared with any third parties.

  • LinkedIn. LearningRx may allow you to connect a LinkedIn profile to your LearningRx account, in which case we will access certain information from LinkedIn regarding your account.  In particular, we may collect profile image, display name, username/profile ID, access tokens, and sent posts.  This includes the content of your posts and engagement data (such as click rates, likes, re-shares, impressions, as well as general engagement counts), to the extent permitted by applicable law.  This data will only be used by LearningRx to provide you with the Services and will not be shared with any third parties.



4. USE OF INFORMATION

To Provide Services You Request. If you provide information for a certain reason, we may use the information in connection with the reason for which it was provided. For example, if you contact us by email, we may use the information you provide to answer any questions or resolve any problems.  Also, if you provide information about yourself, or have provided (or otherwise permitted the Services to access) any third party data, we will use your information and any such third party data to provide you with access to such services and to monitor your use of such services.

To Operate, Improve and Maintain Our Business and the Services. We may use Personal Information to further LearningRx’s legitimate interests in ways that are not overridden by the interests or fundamental rights and freedoms of affected individuals.

To Communicate Information about Our Services and for Other Promotional Purposes. We may use the information we collect through the Services to help us in providing the Services and support services, processing transactions, fulfilling requests for information, receiving and sending communications, updating marketing lists, analyzing data and research aimed at improving the accuracy, effectiveness, usability or popularity of the Services, to personalize the content and advertising that you see on the Services and to understand how users interact with and use the Services, to associate your activities, customize content or tailor advertising across different devices and browsers that you use to access the Services or the Sites (for example, computers, tablets, mobile devices, applications and websites), to comply with state, local, federal or international laws, to enforce our Terms of Service and this Policy, as otherwise described in this Policy, or in assisting with other tasks from time to time. Please note that we may combine information that we collect from you and about you (including automatically-collected information) with information we obtain about you from our affiliates and/or non-affiliated third parties and use such combined information in accordance with this Policy.

To Enable Participation in the Services. We may use data collected through the Services to enable you to participate in features such as surveys, polls, tests, contests, sweepstakes, and message boards.

For Marketing Purposes. We may use cookies to help us show ads and to make recommendations for businesses or other organizations to people who may be interested in the products, services or causes they promote. We also use cookies to help measure the performance of ad campaigns and help serve and measure ads across different browsers and device used by the same person.

To Contact You about the Services. We may use data collected through the Services to send communications relating to the Services, in accordance with applicable laws. For example, we may send periodic emails to registered users of the Services relating to their recent interactions with the Services.  Also, if you use any feature of the Services permitting you to communicate with third parties, either by submitting third party data to the Services or otherwise permitting the Services to automatically access third party data in your possession, you acknowledge and agree that you have the authority of the relevant third party for us to access and use the relevant third party data and that you have notified these third parties and informed them how their information is collected and used by LearningRx to provide the Services.  We reserve the right to identify you as the person who has made the referral in any messages that are sent to them.  We may use third party data to (i) contact such third party using the third party data provided, and/or (ii) provide you with an editable template message designed to facilitate the communication between you and such third party through the Services.  In addition to sending the foregoing communications, we may also send reminders or related messages to you and to third parties on your behalf from time to time where permitted by applicable law. 

If you access the Services through a mobile device, you agree that we may communicate with you regarding the Services by SMS, MMS, text messages, or other electronic means to your mobile device. In the event you change or deactivate your mobile telephone number, you agree to promptly update your LearningRx account information to ensure that your messages are not misdirected.  Please note that your wireless service provider’s standard charges, data rates, and other fees may apply where you access the Services through a mobile device.  In addition, downloading, installing, or using some of the Services on a mobile device may be prohibited or restricted by your carrier, and not all the Services may work with all carriers or devices. 



5. LEGAL GROUNDS FOR PROCESSING PERSONAL INFORMATION

We rely on the following legal bases to use your Personal Information:

  • Where needed to fulfill our contract with you or to enter into a contract with you on your request, such as:

    • assessing any application for any of our Services;

    • managing the Sites or the Services or a request for or purchase of any products or services;

    • updating your records, tracing whereabouts to contact you about your account and doing this for recovering debt, where appropriate; and

    • sharing your Personal Information with our service providers when you purchase a product or service to help manage such product or service.

  • Where it is in our legitimate interest to do so, such as:

    • managing the Services, updating your records and tracing your whereabouts; 

    • to perform and/or test the performance of any of the Services and internal processes;

    • to follow guidance of governmental and regulatory bodies;

    • for management and audit of our business operations, including accounting;

    • to carry out monitoring and to keep records of our communications with you and our staff;

    • to administer our good governance requirements, such as internal reporting and compliance obligations or administration required for our processes; 

    • for market research and analysis and developing statistics;

    • for direct marketing communications and related profiling to help us to offer you relevant products and services, including deciding whether or not to offer you certain products and services;

    • subject to appropriate controls, to provide insight and analysis of our users to business partners either as part of providing the Services, helping us improve the Sites or the Services, or to assess or to improve the operating of our business;

    • for some of our profiling and other automated decision making; and

    • where we need to share your Personal Information with people or organizations in order to run our business or comply with any legal and/or regulatory obligations.

  • With your consent, we may use your Personal Information in other ways, including without limitation:

    • for some direct marketing communications; and

    • for some of our profiling and other automated decision making.



6. DISCLOSURE OF INFORMATION

LearningRx may share your Personal Information with:

  • LearningRx entities for the purposes and under the conditions outlined above;

  • Service providers processing your Personal Information for business purposes on LearningRx’s behalf, such as for specialized services, including customer support, email and text message deployment, business analytics, marketing, suppression list management and data processing. These third parties are allowed to use your Personal Information to help us provide the Services and not for any other purpose;

  • Co-Branded Partners are third parties with whom LearningRx may jointly offer a service or feature. You can tell when you are accessing a service or feature offered by a Co-Branded Partner because the Co-Branded Partner’s name will be featured prominently. You may be asked to provide information about yourself to register for a service offered by a Co-Branded Partner. In doing so, you may be providing your information to both us and the Co-Branded Partner; or we may share your information with the Co-Branded Partner. Please note that the Co-Branded Partner’s privacy policy may also apply to its use of your information; 

  • Other third parties to the extent necessary to: (i) comply with a government request, a court order or applicable law; (ii) prevent illegal uses of the Sites or the Services or violations of the Sites’ Terms of Use and our policies; (iii) defend ourselves against third party claims; and (iv) assist in fraud prevention or investigation; and

  • To any other third party where you have provided your consent.

We may also share your information in connection with a substantial business transaction, such as the sale of LearningRx, a merger, consolidation, asset sale, or in the unlikely event of bankruptcy.

We do not sell your personal data.



7. DATA RETENTION

In accordance with and as permitted by applicable law and regulations, we will retain your information as long as necessary to serve you, to maintain your account for as long as your account is active, or as otherwise needed to operate our business.  When you close your account, we may continue to communicate with you about the Services, give you important updates that may affect you, and let you know about products and services that may interest you, unless you have opted out of receiving marketing communications.  We may also continue to use some of your information for business purposes and to improve our offerings or in some cases to develop new ones.  We will retain and use your information as required by applicable laws and regulations and LearningRx’s detection and prevention of fraud.  We will also retain and use your information for anti-doping purposes, as permitted by applicable law and regulations.



8. PROTECTION OF PERSONAL INFORMATION

We use a variety of technical, administrative, and organizational security measures, including without limitation, encryption and authentication tools in certain circumstances, to maintain the safety of your Personal Information. Despite our efforts, no website, mobile application, database or system is completely secure or “hacker proof.” You can help keep your information safe by taking reasonable steps to protect your Personal Information against unauthorized disclosure or misuse.



9. CHOICE AND OPT-OUT

We provide you with a choice whether to receive certain e-mails. We provide you the opportunity to “opt-out” of having your Personal Information used for certain purposes. If you are a user of the Sites or the Services and you no longer wish to receive e-mail, mail, or telephone calls from us or have your e-mail address or postal address shared with third parties, you may opt-out of receiving e-mail, mail, or telephone calls from us or having your e-mail address or postal address shared with third parties. All opt-out requests can be made by emailing us at privacy@LearningRx.com, or writing us at:
LearningRx, Inc.
5085 List Drive, Suite 200
Colorado Springs, CO 80919



10. NON-PERSONALLY IDENTIFIABLE INFORMATION

Where possible, the LearningRx server automatically recognizes each visitor’s IP address. We also collect information about how visitors use the Sites (for example, what pages are viewed). This information allows us to improve the content of the Sites, the Services, and facilitate market research.



11.. COOKIES, WEB BEACONS, AND PIXEL TAGS

When you interact with the Sites or use the Services, we try to make that experience simple and meaningful. We use a variety of methods, such as cookies, web beacons and pixel tags to collect information about your use of the Sites or the Services; for example, to record session information, such as items that users viewed, and to save certain information about users of the Sites and others who visit the Sites, in order to facilitate and enhance interaction with the Sites and the Services.

Some advertising and technology partners may also collect Personal Information when you use the Sites or the Services. These partners have committed to act as service providers on LearningRx’s behalf and have committed to only use the Personal Information for LearningRx’s purposes as described in this Policy.

A cookie does not collect or keep your name or other Personal Information; however, we may link the information obtained through cookies to other Personal Information to give us a better understanding of your preferences, so that we can provide a more meaningful experience to you on the Sites and with the Services. A number of cookies we use last only for the duration of your web or application session and expire when you close your browser or exit the application.  Other cookies are used to remember you when you return to the Sites or the Services and will last longer.

We may use cookies and similar technologies to collect information about your access and use of the Sites. For example, we may use cookies or other technologies that: (i) allow you to navigate and use all of the features provided by the Sites; (ii) customize elements of the layout and/or content within the Sites and remember that you have visited us before; (iii) identify the number of unique visitors we receive; (iv) allow us to provide you with a customized experience; and (v) inform us how you use the Sites and the Services (including how long you spend on the Sites or using the Services) and where you have come to the Sites from, so that we can improve the Sites and the Services and learn which functions are most popular with users.  As we adopt additional technologies, we may also gather additional information through other methods.

Most web and mobile devices automatically accept cookies, but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You may consult the “Help” section of your browser for more information.  Please note that by blocking any or all cookies, you may not have access to certain features or offerings of the Sites or the Services.



11. OTHER WEBSITES; LINKS

Certain websites of LearningRx’s affiliates, promotional partners, advertisers, sponsors, and other third party websites are accessible through the Sites. These third party websites have their own privacy and data collection policies and practices. LEARNINGRX IS NOT RESPONSIBLE FOR ANY ACTIONS OR PRIVACY POLICIES OF SUCH THIRD PARTIES. YOU SHOULD CHECK THE APPLICABLE PRIVACY POLICIES OF THOSE THIRD PARTIES WHEN PROVIDING PERSONAL INFORMATION THROUGH LINKED WEBSITES.



12. THIRD PARTIES

In addition to the specific third parties noted in this Policy, LearningRx may also contract with other third parties to provide various services to LearningRx relating to the Sites on an outsourced basis rather than performing the services itself. By visiting the Sites, all visitors consent to LearningRx providing both Personal Information and non-Personal Information received from those visitors to these third party providers for the purpose of enabling the third party provider to provide these outsourced services to LearningRx. In addition, all visitors consent to the collection, maintenance, and processing of their Personal Information and non-Personal Information by LearningRx and these third party providers.



13. YOUR RIGHTS

Some users (in particular, European Union users) have certain legal rights to obtain information about whether we hold Personal Information about them, to access Personal Information we hold about them, and obtain its correction, update, amendment or deletion in appropriate circumstances. Some of these rights may be subject to some exceptions or limitations.  We will respond to your request to exercise these rights within a reasonable time.  Not all rights are available to all users.  Rights to which you may be entitled include:

  • Data access rights;

  • Right to restrict;

  • Right of rectification;

  • Right to erasure;

  • Right to object to processing;

  • Right to withdraw consent; and

  • Data portability rights.



14. CHILDREN

The Sites are not directed to children. For purposes of this Privacy Policy, “children” means children under 13 years of age. Notwithstanding the foregoing, LearningRx understands that the Sites may be accessed by children. We recognize the need to provide further privacy protections with respect to personal information that may be collected from children on the Sites. For additional information about our practices regarding children’s personal information, please read the Children’s Privacy Policy at the end of this Policy.



15. TRANSFER OF DATA INTERNATIONALLY

LearningRx is headquartered in the United States and has affiliate offices and partners in other countries. Please be aware that information you provide to us or that we obtain as a result of your use of the Sites or the Services may be collected in your country and subsequently transferred to the United States or another country in accordance with applicable law. The privacy and data protection laws in the country to which your information is transferred may not be equivalent to such laws in your country of residence. By using the Sites or the Services, or providing us with your information, you consent to the collection, international transfer, storage, and processing of your information.



16. JOB APPLICANTS AND EMPLOYEES

We collect information you provide to us in applying for a job or completing the employee onboarding process. Personal Information we collect during these processes includes, without limitation, name, address, phone number, Social Security Number, sex, marital status, dependent information and employment-related information. This may include criminal records (where permitted by law) and right to work information. This information may be collected by an authorized service provider on LearningRx’s behalf.

We use the Personal Information described above only for the purpose of evaluating job applicants and administering the employment relationship, including without limitation, payroll and benefits information. We share Personal Information with service providers for the limited purpose of administering these services. We do not sell, rent, trade, or otherwise share this Personal Information.



17. CALIFORNIA RESIDENTS

If you are a California resident, you may have rights under the California Consumer Privacy Act (the “CCPA”). Below is a general description of rights under the CCPA. These rights may not apply under all circumstances or to all categories of Personal Information.

  • The right to know what Personal Information is being collected and shared, including:

    • The categories of Personal Information we have collected;

    • The categories of sources from which the Personal Information is collected;

    • The business or commercial purpose for collecting or selling Personal Information;

    • The categories of third parties with whom we share Personal Information; and

    • The specific pieces of Personal Information we have collected about you.

  • The right to have Personal Information deleted; provided, however, that we may not be required to comply with a request to delete Personal Information if it is necessary to maintain the Personal Information in order to:

    • Complete the transaction for which the Personal Information was collected, provide a Service requested by you, or reasonably anticipated within the context of our ongoing relationship with you, or otherwise perform a contract between us and you;

    • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;

    • Debug to identify and repair errors that impair existing intended functionality;

    • Exercise free speech, exercise the right of another person to exercise his, her or its right of free speech, or exercise another right provided for by law;

    • Comply with applicable law;

    • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent;

    • To enable solely internal uses that are reasonably aligned with your expectations based upon your relationship with us; or

    • Otherwise use the Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the Personal Information.

  • The right to opt out of the sale of Personal Information; provided, however, that “sale” shall not include when:

    • A person uses or directs us to intentionally disclose Personal Information or uses us to intentionally interact with a third party, provided the third party does not also sell the Personal Information, unless that disclosure would be consistent with applicable law;

    • We use or share an identifier for a person who has opted out of the sale of their Personal Information for the purposes of alerting third parties that such person has opted out of the sale of the person’s Personal Information;

    • We use or share with a service provider Personal Information necessary to perform a business purpose; or

    • We transfer to a third party the Personal Information of a person as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of our business.

If you wish to exercise any of your rights, you may contact us as set forth in Section 20. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable request related to your Personal Information.

We will not discriminate against you for exercising any of your rights under the CCPA. For example, we will not:

  • Deny you any goods or services;

  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; 

  • Provide you with a different level or equality of goods or services; or

  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.



18. REVOCATION OF CONSENT

You also have the right to revoke your given consent regarding the use and sharing of your Personal Information. It is important to note that in some cases, such request may not be immediately or fully executed because it is possible that we have a legal obligation to keep using your Personal Information. Also, you must consider that, for certain purposes, the revocation of consent means that we cannot continue providing the Services to you. You can revoke your consent at any time by contacting us as set forth in Section 20.



19. GENERAL

This Policy is governed by the internal substantive laws of the State of Colorado, without regard to its conflict of laws principles. Jurisdiction for any disputes, controversies, and claims arising under, in connection with, or out of this Policy shall lie exclusively with the state courts located in Colorado Springs, Colorado, or the federal courts located in Denver, Colorado. If any provision of this Policy is found to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Policy, which shall remain in full force and effect. UNDER NO CIRCUMSTANCES SHALL LEARNINGRX HAVE ANY LIABILITY WHATSOEVER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING OUT OF THIS POLICY, HOWEVER OCCASIONED.



20. CONTACTING LearningRx

Please feel free to contact us if you have any questions about this Policy or the information practices of the Sites or the Services.  You may contact us as follows:

Phone: 866-272-4601
E-mail: privacy@LearningRx.com

LearningRx, Inc.
Attn: Legal
5085 List Drive, Suite 200
Colorado Springs, CO 80919



21. CHANGES TO THE PRIVACY POLICY

It is our policy to post any changes we make to this Policy on this page.  If we make material changes to how we treat users’ Personal Information, we will notify you through a notice on the Sites home page.  The date this Policy was last revised is identified at the top of the page.  You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting the Sites and this Policy to check for any changes.

 

 

CHILDREN’S ONLINE PRIVACY POLICY

LearningRx is committed to protecting the privacy of children who use our Sites and applications. This Children’s Online Privacy Policy explains our information collection, disclosure, and parent/guardian consent practices with respect to information provided by children under the age of 13 (“child” or “children”) and uses terms that are defined in our general Privacy Policy. This policy is in accordance with the U.S. Children’s Online Privacy Protection Act (“COPPA”). For more information about COPPA and general tips about protecting children’s online privacy, please visit OnGuard Online.

 

1. INFORMATION WE COLLECT FROM CHILDREN, HOW WE USE IT, AND HOW AND WHEN WE COMMUNICATE WITH PARENTS/GUARDIANS.

LearningRx offers to its users a range of activities and services, some of which may collect information from children. Below, we summarize potential instances of collection and outline how and when we will provide parent/guardian notice and/or seek parent/guardian consent. In any instance that we collect personal information from a child, we will retain that information only so long as is reasonably necessary to fulfill the activity request or allow the child to continue to participate in the activity, and ensure the security of our users and our services, or as required by law. In the event we discover we have collected information from a child in a manner inconsistent with COPPA’s requirements, we will use commercially reasonable efforts delete the information or immediately seek the parent’s/guardian’s consent for that collection.

  • Registration. Children can, in many cases, register with the Sites and applications to view content, play games, log information, provide results, input data, participate in contests, and engage in special features, among other things. During the registration process, we may ask the child to provide certain information for notification and security purposes, including a parent’s/guardian’s email address, the child’s first name and gender, the child’s member or account username, and password. We also may ask for birth dates from children to validate their ages. Please note that children can choose whether to share their information with us, but certain features may not function without it. As a result, children may not be able to access certain features if required information has not been provided. We will not require a child to provide more information than is reasonably necessary in order to participate in an online activity.

Collection of parent/guardian email addresses: Consistent with the requirements of COPPA, in any instance in which we ask for age and determine the user is a child, we will ask for a parent/guardian email address before we collect any personal information from the child. If you believe your child is participating in an activity that collects personal information and you or another parent/guardian have NOT received an email providing notice or seeking your consent, please feel free to contact us at privacy@LearningRx.com. We will not use parent/guardian emails provided for consent purposes to market to the parent/guardian, unless the parent/guardian has expressly opted in to email marketing or has separately participated in an activity that allows for such email contact.

  • Content Generated by a Child. Certain activities on the Sites and applications may allow children to create or manipulate content and save it with LearningRx. Some of these activities do not require children to provide any personal information and therefore may not result in notice to the parent/guardian or require parental/guardian consent. If an activity potentially allows a child to insert personal information in their created content, we will either pre-screen the submission to delete any personal information, or we will seek verifiable parental/guardian consent by email for the collection. Examples of created content that may include personal information are stories or other open-text fields, drawings that allow text or free-hand entry of information, or photo submissions. If, in addition to collecting content that includes personal information, LearningRx also plans to post the content publicly or share it with a third party for the third party’s own use, we will obtain a higher level of parental/guardian consent.

About Verifiable Parental/Guardian Consent:
Email Consent. In the event LearningRx wishes to collect personal information from a child, COPPA requires that we first seek a parent’s/guardian’s consent by email. In the email we will explain what information we are collecting, how we plan to use it, how the parent/guardian can provide consent, and how the parent/guardian can revoke consent. If we do not receive consent within a reasonable time, we will delete the parent/guardian contact information and any other information collected from the child in connection with that activity.

High-Level Consent. In the event LearningRx collects personal information from a child that will be posted publicly, we will seek a higher level of consent than email consent. Such “high-level” methods of consent may include, without limitation, asking for a credit card or other payment method for verification (with a nominal charge potentially involved), speaking to a trained representative by telephone or video chat, requiring a signed consent form by mail, email attachment, or fax, or checking a form of government-issued identification against databases of such information, provided that the parent’s/guardian’s identification shall be deleted promptly after such verification is complete. After providing high-level consent, a parent/guardian may have the opportunity to use a pin or password in future communications as a way to confirm the parent’s/guardian’s identity.

  • Chat. Certain activities may allow users to communicate directly with other users by means of a chat system. We may employ live moderation and/or encourage other users to flag inappropriate communications to prevent the communication of both personal information and age-inappropriate words and phrases. We strongly encourage children who use these interactive features never to provide personal information about themselves or any third party, and certainly never to attempt to circumvent our moderation. We recommend that parents/guardians carefully supervise their children when the children participate in online activities.
  • Contests and Sweepstakes. For contests and sweepstakes, we typically require only the information necessary for a child to participate, such as first name (to distinguish among family members) and parent/guardian email address (to notify the parent/guardian where required by law). We only contact the parent/guardian for more personalized information for prize-fulfillment purposes when the child wins the contest or sweepstakes. Of course, some contests and sweepstakes ask the child to submit their own created content along with the child’s entry. In those instances, we may require parental/guardian consent prior to submission. Notwithstanding the foregoing, we shall not condition a child’s participation in a contest or sweepstakes, the offering of a prize, or another activity on the child’s disclosing more personal information than is reasonably necessary to participate in such activity.
  • Email contact with a child. On occasion, in order to respond to a question or request from a child, LearningRx may need to ask for the child’s online contact information, such as an email address. LearningRx will delete this information immediately after responding to the question or request. In connection with certain activities or services, we may collect a child’s online contact information, such as an email address, in order to communicate with the child more than once. In such instances, we will retain the child’s online contact information to honor the request and for no other purpose such as marketing. Whenever we collect a child’s online contact information for ongoing communications, we will simultaneously require a parent/guardian email address in order to notify the parent/guardian about the collection and use of the child’s information, as well as to provide the parent/guardian an opportunity to prevent further contact with the child. On some occasions, a child may be engaged in more than one ongoing communication, and a parent/guardian may be required to “opt-out” of each communication individually.
  • Persistent Identifiers. When children interact with us, certain information may automatically be collected, both to make the Sites and applications more interesting and useful and for various purposes related to LearningRx. Examples include the type of computer operating system, the child’s IP address or mobile device identifier, the web browser, the frequency with which the child visits various parts of our Sites or applications, and information regarding the online or mobile service provider. This information is collected using technologies such as cookies, flash cookies, web beacons, and other unique identifiers. This information may be collected by LearningRx or by a third party. This data is principally used for internal purposes only, in order to:
  • provide users with access to features and activities on our Sites and applications
  • customize content and improve our Sites and applications
  • conduct research and analysis to address the performance of our Sites and applications
  • generate anonymous reporting for use by LearningRx

In the event we collect (or allow others to collect) such information from children on the Sites and applications for other purposes, we will notify parents/guardians and obtain consent prior to such collection.

 

2. WHEN INFORMATION COLLECTED FROM CHILDREN IS AVAILABLE TO OTHERS.

In addition to those rare instances where a child’s personal information is posted publicly (after receiving high-level parental/guardian consent), we also may share or disclose personal information collected from children in a limited number of instances, including the following:

  • We may share information with our service providers if necessary for them to perform a business, professional or technology support function for us.
  • We may disclose personal information if permitted or required by law, for example, in response to a court order or a subpoena. To the extent permitted by applicable law, we also may disclose personal information collected from children (i) in response to a law enforcement or public agency’s (including schools or children services) request; (ii) if we believe disclosure may prevent the instigation of a crime, facilitate an investigation related to public safety or protect the safety of a child using our Sites or applications; (iii) to protect the security or integrity of our Sites, applications, and other technology, as well as the technology of our service providers; or (iv) to enable us to take precautions against liability.

 

3. PARENTAL/GUARDIAN RIGHT TO REVIEW PERSONAL INFORMATION OF A CHILD.

Upon request of a parent/guardian whose child has provided personal information, we will provide the following:

  • A description of the specific types or categories of personal information collected from children by LearningRx, such as name, address, telephone number, email address, hobbies, and extracurricular activities;
  • The opportunity at any time to refuse to permit our further use or future online collection of personal information from that child, and to direct us to delete the child’s personal information; and
  • A means of reviewing any personal information collected from the child.

Prior to disclosing any such information, we shall use reasonable procedures to (i) ensure that the requestor is a parent/guardian of that child, and (ii) not be unduly burdensome to the parent/guardian.

If a parent/guardian has refused to permit LearningRx’s further use or collection of personal information from his or her child or has directed LearningRx to delete the child’s personal information, we retain the right to terminate any services provided to such child.

 

4. CONFIDENTIALITY, SECURITY, AND INTEGRITY.

We have established and will maintain reasonable procedures to protect the confidentiality, security, and integrity of personal information collected from children. We will also take reasonable steps to release children’s personal information only to service providers and third parties who are capable of maintaining the confidentiality, security and integrity of such information, and who provide assurances that they will maintain the information in such a manner.

 

5. PARENT/GUARDIAN CHOICES AND CONTROL.

At any time, parents/guardians can refuse to permit us to collect further personal information from their children and can request that we delete from our records the personal information we have collected from their children. Inquiries may be directed to:

LearningRx, Inc.
5085 List Drive, Suite 200
Colorado Springs, CO 89019
Phone: 866-272-4601
Email: privacy@LearningRx.com

In any correspondence such as email or mail, please include the child’s name and/or username on the Sites or application (if any) and the parent’s/guardian’s email address and telephone number. To protect children’s privacy and security, we will take reasonable steps to help verify a parent’s/guardian’s identity before granting access to any personal information.