Last updated: August 10, 2020
1. INFORMATION WE COLLECT.
We collect and process certain information about you when you use our Services because that collection and processing is within our legitimate interests, such as to provide, improve, maintain, and enhance our Services and technology, to provide you with information about our services, and to ensure the security of the Services and our Website.
We collect and process the following personal information that we receive in connection with your use of the Services and Website:
- Identifiers: This may include information such as first and last name, username, email address, country, and IP address, browser and operating system configuration.
- Employment-Related Information: If you are an employee of one of our business customers, we collect business contact information, which may include your name, title, function, name of employer, information about the employer (such as business unit or group number), work telephone number and email address, work mailing address, supervisor or assistant name.
- Password: Your ACG password (unless you use an identity provider like Google, Facebook, or Security Assertion Markup Language).
- Performance Information: The courses you have signed up for, taken, or watched.
- Technical Usage / Internet or Network Activity Information: This includes technical data or information automatically collected from your computer, mobile phone, or other access device, related to how you use the Services or Website, cookies data, including device information (including but not limited to, identifier, name, and type of operating system) and standard web information, such as your browser type, browser data, usage data, and the pages you access on our Website.
- Provided Information: Any other information you affirmatively provide to us when signing up for or using the Services, including data you input and any marketing preferences you provide us with.
2. HOW WE USE YOUR INFORMATION.
We may use your information in connection with the following:
- Performance: To provide, maintain, and enhance the Services in fulfillment of our obligations to you and, if you are an employee of a business customer, to your employer.
- Your Account and Support: To communicate with you about your account and provide customer support per your request when you create an account with us, post information on our Website chat forum, or submit questions, queries or feedback via our Website, survey tool, email, or social media.
- Advertising: To advertise our services and business features to you and provide you with news and updates related to ACG and our Services, including through direct marketing and interest-based advertising.
- Validation: To validate your purchase per your request when you provide evidence of purchases of our courses on third-party platforms via our Website.
- Employees of Business Customers: If you are an employee of one of our business customers, to identify your usage of the Services as it relates to your employer’s use of and subscription to the Services.
- Certifications: To provide our Services and validate the authenticity of your certificate when you upload a professional certification via our Website.
- Customer Support and Communication: To provide our Services, communicate with you, and contact you about our Services when you inquire about our product via our Website, App, email (if you send an email to us), or social media (if you contact us via social media); and to communicate with you through our newsletters and emails where you have provided your consent.
- Legal and Tax Compliance: To comply with court orders, valid discovery requests, valid subpoenas, other legal obligations, or law enforcement requests. To identify where our users are located in connection with applicable tax laws, in which case we collect your country and IP address in order to comply with our legal obligations.
- Technical Usage Information: We use the Technical Usage Information we collect in order to: personalize our Website to ensure content from the Website is presented in the most effective manner for you and your device; monitor and analyze trends, usage, and activity in connection with our Website and Services to improve the Website; administer the Website, and for internal operations, in order to conduct troubleshooting, data analysis, testing, research, statistical, and survey analysis; keep the Website safe and secure; and measure and understand the effectiveness of the content we serve to you and others.
- Consent: For any other purposes to which you have consented.
In addition to cookies that are strictly necessary to operate the Website, we use the following cookies:
- Functional Cookies: These cookies allow us to enhance your experience on our Website. These cookies are set by us and the following third parties: Cloudinary and Braintree.
- Performance or Analytics Cookies: These cookies enable us to provide a better user experience based on how you use our Website.
You can opt out of Google Analytics without affecting how you visit our Website — for more information on opting out of being tracked by Google Analytics across all websites you use, see here.
You can opt out of the creation of a user profile, Hotjar’s storing of data about your usage of our Website, and Hotjar’s use of tracking cookies on other websites by following this opt-out link. Hotjar also honors the Do Not Track header. This means that if you have the Do Not Track header installed, Hotjar will not track you.
- Targeting or Advertising Cookies: These cookies tell us and the third parties setting them about your browsing habits, so you can be provided with advertising that is more relevant to you. These cookies are set by us or third-parties (such as Google AdWords, Bing Ads, DoubleClick, and LinkedIn).
- Social Media Cookies: These cookies allow you to share what you have been doing on the Website on social media.
- Disabling Cookies: If you do not accept the use of these cookies, please disable them by changing your browser settings so that cookies from the Website cannot be placed on your computer or mobile device. These browser settings will typically be found in the “options” or “preferences” menu of your browser; otherwise you should use the “Help” option in your browser for more details. If you only want to limit third-party advertising cookies, you can turn such cookies off by visiting the following links:
- Your Online Choices (http://www.youronlinechoices.com/)
- Network Advertising Initiative (http://www.networkadvertising.org/)
- Digital Advertising Alliance (http://www.aboutads.info/consumers)
4. DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES.
We do not sell your information to third parties, and we do not pass on your information to any other websites. We share your information only with following categories of third parties who perform the following functions:
- Storage: Cloud storage providers, including AWS located in the United States to store the information you provide and for disaster recovery services, as well as for the performance of any contract we enter into with you.
- Third-Party Services/Sub-processors: We utilize other companies and individuals to perform certain functions of our Services on our behalf. We will disclose your information to these third parties only to the extent necessary to perform their functions and not for any other purpose. A list of third-parties who process your information (referred to as “sub-processors”) is available at: https://acloudguru.com/policies/subprocessors (the “Sub-processor List”), as may be updated from time to time.
- Our payment provider sub-processors who process your payment for the Services you purchase are listed in our Sub-processor List. You can learn more about their privacy policies at the sub-processor’s websites.
- Analytics: Third-party services, including sub-processors, for analytics purposes, which help us understand your usage of our Services. We provide these third parties with a limited amount of your information (such as your email address and signup date) when you visit our Website or use our services so that we can improve our service to you based on your usage. We may also use some of them as a medium for communication, either through email or messages within our Services.
- Authentication: Third-party services, including sub processors for authentication services to authenticate, identify, and grant access to our Services.
- Employees of Business Customers: If you are an employee of one of our business customers, we will share information generated from your use of the Services with your employer, such as courses taken, account usage, and course results.
Additionally, there are other situations where we may have to share your personal information, such as:
- With Your Consent: In other circumstances where we may wish to share your information with third parties, we will send you a notice about the intended sharing, and you will have an opportunity to choose not to have your information shared. In addition, if you voluntarily upload to public areas of the Website you will be sharing that information publicly with other users having access to those areas.
5. KEEPING YOR INFORMATION SECURE.
In an effort to keep your information secure, when we receive your personal information, we take certain Technical and Organizational Measures and Platform Security measures.
- For more information on our Technical and Organizational Measures please visit: https://acloudguru.com/policies/toms.
- For more information on our Platform Security measures, please visit: https://acloudguru.com/policies/security.
- Payment Processing: In processing your payments through our payment processors, we do not retain any personally identifiable information or any financial information such as credit card numbers. Instead, all of that information is provided directly to our third-party processor.
- Fraud Prevention: ACG uses third-party service providers who employ automated decision making for the purpose of fraud detection and prevention; and by creating an account, you consent to automated decision making for this purpose. We may update the techniques and tools we use over time.
Although we have these measures in place, please note that transmitting information over the internet is generally not completely secure, and we cannot always guarantee the security of your data.
6. YOUR RIGHTS IN YOUR INFORMATION.
You may have certain legal rights in your personal information. If you reside in the European Economic Area, these rights are governed by the European Union’s General Data Protection Regulation (“GDPR”); if you are a resident of California, these rights are governed by the California Consumer Privacy Act (“CCPA”); if you reside or are located in a different jurisdiction, these rights may be governed by the applicable data protection laws of your jurisdiction. We are committed to complying with these data and privacy laws.
Individual Customers: If you are using our Services for your own personal purposes (as opposed to in connection with your employment through a subscription obtained through your employer) ACG is your data controller for the purpose of GDPR.
Corporate Customers: If you are using our Services in connection with your employment, your employer is your data controller for the purposes of the GDPR, and ACG is your data processor collecting and using that data only to provide the services to your employer. Your employer may have their own privacy notices that will apply to your use of our Services. Your employer will have access to your information we collect in connection with your use of the Services.
Under GDPR, subject to certain conditions and exceptions, your rights in your personal information include the following:
- The right to be informed about whether your personal information is being processed and to request access to and certain information about your information we process.
- The right to request that we correct or update any information you believe is inaccurate and to request that we complete any information you believe is incomplete.
- The right to request that we erase your personal information in certain situations, including:
- where it is no longer necessary for us to hold your personal information for the purpose originally collected or processed;
- where you have provided your personal information to us with your consent and you wish to withdraw your consent, and there is no other legal ground under which we can process your personal data;
- where we are processing your personal information on the basis of legitimate interests and you object to such processing and we cannot demonstrate an overriding legitimate ground for the processing; or
- where you believe the personal information we hold about you is being unlawfully processed by us.
- The right to request that we restrict processing of your personal information in certain situations, including:
- where you believe the personal information we hold about you is inaccurate and while we verify accuracy;
- where we want to erase your personal information due to unlawful processing but you want us to continue to store it;
- where we no longer need your personal information for the purposes of our processing but you require us to retain the data for the establishment, exercise, or defense of legal claims; or
- where you have objected to us processing your personal information based on our legitimate interests and we are considering your objection.
- The right to request that we transfer personal information collected to another organization or directly to you.
- The right to object to/stop our processing of your personal information based on our legitimate interests. In that case, we will no longer process your personal information unless we can demonstrate an overriding legitimate ground. At any time you have the right to object to our processing of information about you in order to send you marketing, including where we build profiles for such purposes, and we will stop processing the data for that purpose.
- The right to not be subject to automated decision making, including where we build profiles for such purposes, where the decision would have a legal effect on you or produce a similarly significant effect.
- In accordance with GDPR, ACG may use automated decision making where it is necessary for entering into or performing a contract between you and ACG, or otherwise with your consent. Note that, as mentioned above, ACG uses automated decision making for the purpose of protecting your account and the Website from fraud.
Please note that these rights above are limited under GDPR, for example, where fulfilling your request would adversely affect other individuals, our trade secrets or intellectual property, where there are overriding public interest reasons, or where we are required by law to retain your personal information. In addition, if you consider that our processing of personal data relating to you infringes your rights under GDPR, you have the right to complain to your applicable data protection supervisory authority.
More Information: For more information on our processing of information, please see our Data Processing Addendum at https://acloudguru.com/policies/data-processing.
If you are a California resident, the CCPA provides you with the following rights:
- The right to know the specific pieces and/or categories of personal information that we have collected about you over the past 12 months, the categories of sources for that personal information, the business or commercial purposes for collecting the information, the categories of personal information that we have disclosed, and the categories of third parties with which the information was shared.
- The right to request that we delete the personal information we have collected from you (and direct our third-party service providers to do the same). This right is subject to several exceptions where the information is necessary for us or a third party to do any of the following:
- complete the transaction for which we collected your information or perform our contracts with you;
- provide you with a good or service requested by or reasonably anticipated based on your relationship with us;
- detect security incidents and protect and prosecute against malicious, deceptive, fraudulent, or illegal activity;
- debug to identify and repair errors that impair our Website or Services;
- exercise free speech or ensure others can exercise free speech or other legal rights;
- comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 of Title 12 of Part 2 of the California Penal Code;
- engage in public or peer-reviewed scientific, historical, or statistical research in the public interests that adheres to all other applicable ethics and privacy laws;
- making internal uses that are reasonably aligned with your expectations based on your relationship with us;
- comply with a legal obligation; or
- make internal lawful use of your information in a manner compatible with the context of providing the information.
- The right to opt-out of the sale of your information.
- We do not sell your personal information or disclose your information to third parties for their direct marketing purposes.
- If, in the future, we intend to sell or disclose your information for third-party marketing, we will provide you notice; and you will have the right to opt out of the sale of your personal information via a “Do Not Sell My Personal Information” or similar link and you will have the right to request certain information about our disclosure of personal information to third parties for their own direct marketing purposes during the 12 months preceding your request. This request will be free and may be made once per year.
- The right to not be discriminated against for exercising any of your rights under the CCPA.
Exercising Your Rights
To exercise any of your rights listed above, whether under GDPR or CCPA, please contact ACG at firstname.lastname@example.org or use the form available on the Website at https://help.acloud.guru/hc/en-us/requests/new.
If you are an employee of one of our business customers, please contact your employer to exercise your rights in your personal information.
We intend to respond to a request for access or deletion within 1 month of receiving a request under GDPR, within 45 days of receiving a request under the California Consumer Privacy Act, or within the time period permitted under any other applicable law. If we need more time, we will inform you of the reason and the extension period.
Note that we may require that you verify your identity in order for us to process your request. If we are unable to verify your identity, we may deny your request and we will let you know if that is the case.
Additionally, deleting or restricting the processing of your personal information may impact features of our Services that require that information to function. As a result, if you delete or restrict processing of your personal information, you may no longer be able to use all or part of the Services.
We do not knowingly collect personal information from children under age 16 for any purpose. If we learn that we have collected personal information of a child under age 16, we will attempt to delete that personal information as soon as possible and take any other measures required under applicable law.
8. INTERNAIONAL TRANSFERS.
If you are located in the European Economic Area, your personal information will be transferred to and processed by:
- ACG personnel located in the United States and Australia under the terms of the EU Commission’s model contracts for the transfer of personal data to third countries (i.e., the standard contractual clauses), pursuant to Decision 2004/915/EC. Please contact email@example.com if you would like to see a copy of the model contracts; and
- Our third-party suppliers (as described above) located outside the EEA where such transfers will be subject to the European Commission’s model contracts for the transfer of personal data to third countries (i.e., the standard contractual clauses). Please contact firstname.lastname@example.org if you would like to see a copy of the model contracts.
10. CONTACTING US.