Privacy Policy

The Learning Platform Pty Ltd (together with its affiliates, “Enlight,” “we,” “us,” “our”) is committed to protecting your privacy. This Privacy Policy describes how we collect, store, use and distribute information through our software, website, documentation, and related services (together, the “Services”).

Capitalized terms not defined in this Privacy Policy have the meaning as set forth in the Terms of Service for the Services.

If you are visiting us from the European Union or European Economic Area, please be sure to read the section entitled “Additional Information for Users in the European Economic Area” for information on how we comply with privacy laws applicable to you.

1. Consent.

By using the Services, you consent to the use of your Personal Information as described in this Privacy Policy. If you are not of legal age to form a binding contract (in many jurisdictions, this age is 18), you may only use the Services and disclose information to us with your parent’s or legal guardian’s express consent. Furthermore, children under the age of 13 cannot use or register for the Services in any way. Review this Privacy Policy with your parent or legal guardian make sure you understand it. Except as set forth in this Privacy Policy, your Personal Information will not be used for any other purpose without your consent. We do not actively collect Personal Information for the purpose of sale of such information in a way that specifically identifies the individual (i.e. we don’t sell customer lists). You may withdraw your consent to our processing of your Personal Information at any time. However, withdrawing consent may result in your inability to continue using some or all of the Services.

2. Collection of Information.

Personal Information

When registering to use the Services, we may require or ask you to provide certain personally identifiable information (these are referred to below as your “Personal Contact Information”). The Personal Contact Information that we require you to provide may include, but is not limited to, the following:

• E-mail
• Full name
• Phone Number
• Company name (if applicable)
• Company address (if applicable)

When registering to access our Forums, you will be required to provide an alias and either provide or select a pre-existing avatar (these are referred to as “Public Profile Information”). Public Profile Information will be available to any user of the Services and may become available to the public. You are not required to use your real name or picture for your Public Profile Information. You are welcome to use a fictitious alias and avatar. In addition, you are not required to provide Public Profile Information, except to the extent you wish to have access to the Forums.

When purchasing the Services, we will require you to provide financial and billing information, such as billing name and address, and credit card number (“Billing Information”). Your Personal Contact Information and your Billing Information, together with any other information we gather through the Services that may be used to identify, contact, or locate you individually, are collectively referred to herein as your “Personal Information.”

We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send. While there are limited circumstances in which we may give third parties access to your Personal Information, the purposes of which are described below, we do not permit any third parties with whom we may share your Personal Information to contact you with their own marketing or promotional materials.

Data, Diagnostic & Login Information

You may be able to create, upload, publish, transmit, distribute, display, store or share information, data, text, graphics, video, messages or other materials using our Services (this is collectively referred to below as “Data”). Some of this Data may be stored and maintained on our servers.

If you run into technical errors in the course of using the Services, we may automatically obtain a crash report along with certain logging information from your system documenting the error (“Diagnostic Information”). Such information may contain information regarding your Operating System version, hardware, browser version, and your email address, if provided. In some instances, we may request your permission to obtain some of your user-generated content to which the technical error may relate. This is strictly optional. We will only use such content to diagnose the error and help improve our Services to avoid such errors in the future.

Additionally, certain login information may be maintained in a cookie stored locally on your personal computing device (i.e. not on a server) in order to streamline the login process (“Login Information”).

Usage and Analytics Information

As you use our Services, we may also collect information through the use of commonly-used information-gathering tools, such as cookies, log files, Web tokens, and Web beacons. Collectively, this information is referred to as “Usage and Analytics Information.”

Cookies

We use cookies to provide you with our Service, to personalize content, and to provide you with the best experience possible on our website. For more information about our use of cookies, please see the section entitled “Cookie Policy.”

Log Files

As is true of most websites and cloud services, we gather certain information automatically to analyze trends in the aggregate and administer the Services. This information may include your Internet Protocol (IP) address (or the proxy server you use to access the World Wide Web), device and application identification numbers, your location, your browser type, your Internet service provider and/or mobile carrier, the pages and files you viewed, your searches, your operating system and system configuration information, and date/time stamps associated with your usage. Due to Internet communications standards, when you visit or use our websites and Services, we automatically receive the URL of the website from which you came and the website to which you go when you leave our website. This information is used to analyze overall trends, to help us improve the Services, to track and aggregate non-personal information, and to provide the Services. For example, we use IP addresses to monitor the regions from which customers and visitors navigate the Sites.

Web Beacons

We use web beacons alone or in conjunction with cookies to compile information about your usage of the Services and interaction with emails from us. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular website or Service tied to the web beacon, and a description of a website or Service tied to the web beacon. For example, we may place web beacons in marketing emails that notify us when you click on a link in the email that directs you to one of our websites. We also use web beacons to operate and improve the Services and our email communications.

Geo-Location Information

We do not use GPS technology to collect any information regarding your precise real-time geo-location while using the Services. However, we may use elements of your Usage and Analytics Information (such as your IP address) to determine your generalized location. This information is referred to as “Generalized Geo-Location Information.” Included in the Generalized Geo-Location Information is your time zone and the language local to your generalized location.

3. Use of Information.

We use the information we collect in the following ways:

Personal Contact Information: We use this information to manage your account, to provide the Services, to maintain our customer/visitor lists, to respond to your inquiries or request feedback, for identification and authentication purposes, for service improvement, and to address issues like malicious use of the Services. We may also use Personal Contact Information for limited marketing purposes, namely, to contact you to further discuss your interest in the Services, and to send you information about us or our partners. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Billing Information: We use Billing Information to manage your account, to provide the Services, and to check the financial qualifications of prospective customers and to collect payment for the Services. We may use a third-party service provider to manage credit card processing. If we do so, such a service provider will not be permitted to store, retain, or use Billing Information except for the sole purpose of credit card processing on our behalf.

Data, Diagnostic Information and Login Information: We use this information for the purpose of administering and improving our Services to you. We may also use this information in a de-identified, anonymous way in conjunction with an analytics service such as Google Analytics to monitor and analyze use of the Services, for the Services’ technical administration, and to increase the Services’ functionality and user-friendliness

Usage and Analytics Information: We may use your Usage and Analytics Information in a de-identified, anonymous way in conjunction with an analytics service such as Google Analytics to monitor and analyze use of the Services, for the Services’ technical administration, to increase the Services’ functionality and user-friendliness, and to verify users have the authorization needed for the Services to process their requests.

Generalized Geo-Location Information: We may use this information for the purpose of administering and improving our Services to you, such as by providing you with relevant advertisements and promotions. We may also use your Generalized Geo-Location Information to assist in localizing the Services to your location, including localizing to your time zone and translating to the language local to your generalized location. We may also use your Generalized Geo-Location Information in an anonymized manner in conjunction with an analytics service such as Google Analytics to monitor and analyze use of the Services, for the Services’ technical administration, and to increase the Services’ functionality and user-friendliness.

Please note that if you are registering for or using the Services as an administrator on behalf of an organization, you may be able to view the activity and/or content associated with your Associated users use of the Services, including, but not limited to, their Personally Identifiable Information.

If we plan to use your Personal Information in the future for any other purposes not identified above, we will only do so after informing you by updating this Privacy Policy. See further the section of this Privacy Policy entitled “Amendment of this Privacy Policy”.

4. Do Not Track.

We do not support Do Not Track. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

5. Disclosures & Transfers.

We have put in place contractual and other organizational safeguards with our agents to ensure a proper level of protection of your Personal Information (see further “Security” below). In addition to those measures, we will not disclose or transfer your Personal Information to third parties without your permission, except as specified in this Privacy Policy (see further below).

Please note that if you are using the Services at the request or as part of an organization, your organization’s account administrator may be able to view certain activity and content associated with use of the Services, including, but not limited to, elements of your Personally Identifiable Information.

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

From time to time we may employ third parties to help us provide and/or improve the Services. These third parties may have limited access to databases of user information or registered member information solely for the purpose of helping us to provide and/or improve the Services and they will be subject to contractual restrictions prohibiting them from using the information about our users for any other purpose. Such agents or third parties do not have any rights to use Personal Information beyond what is absolutely necessary to assist us.

We may disclose your Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users of the Services, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. We may disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law.

If we are involved in a merger, acquisition or asset sale, your Personal Information may be transferred. We will provide notice before your Personal Information is transferred and becomes subject to a different Privacy Policy.

6. Security.

The security of your Personal Information is important to us. We use commercially reasonable efforts to store and maintain your Personal Information in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Personal Information that you provide to us. We have implemented procedures designed to limit the dissemination of your Personal Information to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.

You are also responsible for helping to protect the security of your Personal Information. For instance, never give out your password, and safeguard your user name, password and personal credentials when you are using the Services, so that other people will not have access to your Personal Information. Furthermore, you are responsible for maintaining the security of any personal computing device on which you utilize the Services.

7. Sharing Information with Creators and Instructors.

When you register for a Course, certain of your Personal Information (or, if a Parent is registering on behalf of a Student, the Student’s Personal Information) is shared with the Creator of the Course. Specifically, the Personal Information we share with the Creator is: Name, Email, Answers to Courses, User Content such as chat messages or forum information. The Creator may need to share certain of this Personal Information with Instructors who provide instruction for the Creator’s Courses for which you register.

As part of a Course, through online chat and other mechanisms made available through the Service, you have the opportunity to communicate directly with your Instructors and other Students in Courses for which you have registered. We do not systematically monitor the content that is published through these mechanisms and do not have technical means to prevent a user from publishing Personal Information of their own or of third parties without our knowledge. You are not permitted to share Personal Information of any third party through the Service. We strongly advise you to use caution in disclosing any Personal Information of your while engaging with any Instructors or other Students.

8. Sharing Information with Other Third Parties.

You may be able to direct that Personal Information be shared with third parties through use of the Services (other than Creators, as described above). We will not permit any such transfer without your express opt-in consent. The privacy policies of these third parties are not under our control and may differ from ours. The use of any information that you may provide to any third parties will be governed by the privacy policy of such third party or by your independent agreement with such third party, as the case may be. Further, such third parties may store the transferred Personal Jurisdiction in a location with privacy and other laws different than those that apply to Enlight. If you have any doubts about the privacy of the information you are providing to a third party, we recommend that you contact that third party directly for more information or to review its privacy policy.

9. Publicly Posted Information.

You may be able to share Personal Information with third parties, including with the general public, through use of the Services.

User Profile

As a user of our Services, you will have a user profile that will be publicly available to all users of the Services (the “User Profile”). You are not required to include any Personal Information on your User Profile. But you will have the option to include a variety of types of Personal Information in your User Profile, which may include your first name, last name, biographical information, geographical location, and personal photograph.

We do not systematically monitor the content of information that is published on your user profile. Any information published in your User Profile becomes available to the public. After publishing, we have no control over how such information is used or its further dissemination. We urge you to think carefully about what, if any, Personal Information you include in your User Profile.

Public Forums

Our Services may provide you the opportunity to share information on a variety of topics with other Users through forums (the “Public Forums”). Use of the Public Forums is entirely voluntary. But please be aware that any information you include in the Public Forums may become available to all Users without restriction.

We do not systematically monitor the content of information that is published in the Public Forums. Any information published in Public Forums may become available to the public. After publishing, we have no control over how such information is used or its further dissemination. We urge you to think carefully about what, if any, Personal Information you include in your posts on our Public Forums. You are prohibited from sharing any Personal Information about third parties on the Public Forums.

Chat Feature

The Services include a feature that allows you to send messages directly to other users of the Services. While sharing Personal Information through the messaging feature violates our Terms of Service, there is no technological barrier preventing you or other users from doing so.

We do not systematically monitor the content of information that is published through the messaging feature to determine if users are sharing Personal Information. After publishing, we have no control over how such information is used or its further dissemination.

Because we do not monitor the content that is published through the messaging feature, our users have the ability to publish Personal Information of their own or of third parties using the Services without our knowledge. It is the responsibility of our users to ensure they have the proper consents or legal authority to use the Services to process or publish any content (including Personal Information) provided to us.

10. Retention.

We will keep your Personal Information only for as long as it remains necessary for the purposes set forth in this Privacy Policy, which may extend beyond the termination of our relationship with you. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. All retained Personal Information will remain subject to the terms of this Privacy Policy.

We will also retain Usage and Analytics Information, Diagnostics Information, and Generalized Geo-Location Information for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

11. Amendment of this Privacy Policy.

We reserve the right to change this Privacy Policy at any time. If we decide to change this Privacy Policy in the future, we will post or provide appropriate notice. Except as explained below, any non-material change (such as clarifications) to this Privacy Policy will become effective on the date the change is posted, and any material changes will become effective 30 days from their posting on [link] or via email to your listed email address. Unless stated otherwise, our current Privacy Policy applies to all Personal Information that we have about you and your account. The date on which the latest update was made is indicated at the top of this document. We recommend that you print a copy of this Privacy Policy for your reference and revisit this policy from time to time to ensure you are aware of any changes. Your continued use of the Services signifies your acceptance of any changes.

If applicable law requires your opt in consent to any particular amendment to this Privacy Policy, the amendment will not apply to your Personal Information until we receive such consent from you. To the extent we cannot provide some or all of the Services without your consent to such amendment to the Privacy Policy, your decision not to consent may result in our having to limit your ability to use certain aspects of the Services.

12. Access and Accuracy; Correcting Personal Information.

You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your Personal Information, although in certain limited circumstances we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.

We will make every reasonable effort to keep your Personal Information accurate and up-to-date, and we will provide you with mechanisms to correct, amend, delete, or limit the use of your Personal Information. As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personal Information about you enables us to give you the best possible service.

In certain circumstances, you have the right:

• To access and receive a copy of the Personal Data we hold about you
• To rectify any Personal Data held about you that is inaccurate
• To request the deletion of Personal Data held about you

You have the right to data portability for the information you provide to us. You can request to obtain a copy of your Personal Information in a commonly used electronic format so that you can manage and move it.

Please note that we may ask you to verify your identity before responding to such requests.

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: support@enlight.training.

13. Service Providers.

We may employ third party companies and individuals to facilitate our Services ("Service Providers"), to provide the Services on our behalf, to perform Service-related services or to assist us in analyzing how our Services is used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

A list of our current Service Providers can be found at the following URL: [LINK] (the “Service Provider List”). The Service Provider List will be updated from time-to-time, as Service Providers are added and removed. The Service Provider List contains instructions on how to sign up to receive an email from us when updates are made the Service Provider List.

14. Cookie Policy

What are cookies?

Cookies are small text files containing a string of characters that can be placed on your computer or mobile device that uniquely identify your browser or device.

What are cookies used for?

Cookies allow a site or services to know if your computer or device has visited that site or service before. Cookies can then be used to help understand how the site or service is being used, help you navigate between pages efficiently, help remember your preferences, and generally improve your browsing experience. Cookies can also help ensure marketing you see online is more relevant to you and your interests.

What types of cookies do we use?

There are generally four categories of cookies: “Strictly Necessary,” “Performance,” “Functionality,” and “Targeting.” We, or our Service Providers, routinely use all four categories of cookies on the Service. You can find out more about each cookie category below.

1. Strictly Necessary Cookies. These cookies are essential, as they enable you to move around the Service and use its features, such as accessing logged in or secure areas. Because these cookies are essential, they cannot be disabled.

2. Performance Cookies. These cookies collect information about how you have used the Service, for example, information related to the unique username you have provided, so that less strain is placed on our backend infrastructure. These cookies may also be used to allow us to know that you have logged in so that we can serve you fresher content than a user who has never logged in. We, or our Service Providers, also use cookies to track aggregate Service usage in an anonymized fashion and experiment with new features and changes on the Service. The information collected is used to improve how the Service works.

3. Functionality Cookies. These cookies allow us to remember how you’re logged in, whether you chose to no longer see advertisements, when you logged in or out, and the state or history of Service tools you’ve used. These cookies also allow us to tailor the Service to provide enhanced features and content for you and to remember how you’ve customized the Service in other ways. The information these cookies collect are anonymous, and they are not used to track your browsing activity on other sites or services.

4. Targeting Cookies. Us, our advertising partners or other third party partners may use these types of cookies to deliver advertising that is relevant to your interests. These cookies can remember that your device has visited a site or service, and may also be able to track your device’s browsing activity on other sites or services other than ours. This information may be shared with organizations outside of ours, such as advertisers and/or advertising networks to deliver the advertising, and to help measure the effectiveness of an advertising campaign, or other business partners for the purpose of providing aggregate Service usage statistics and aggregate Service testing.

How long will cookies stay on my device?

The length of time a cookie will stay on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your computer or mobile device until they expire or are deleted.

How to control and review cookies.

If you do not want to receive cookies, you can change your browser settings on your computer or other device you’re using to access our Services. If you use our Services without changing your browser settings, we’ll assume that you’re happy to receive all cookies on our website. Most browsers also provide functionality that lets you review and erase cookies. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit http://www.allaboutcookies.org/ :

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Services.

15. Data Processing Addendum for Creators.

As a Creator, we require you to accept the terms of a Data Processing Addendum to define the obligations we each have with respect to User data that may be transferred by us to you as part of the Services. By accepting the Terms and this Privacy Policy, you accept and agree to abide by the terms of the Data Processing Addendum, the terms of which are incorporated by reference herein and as part of the Terms of Service. You can view the Data Processing Addendum here: [LINK].

16. Contact Us.

You can help by keeping us informed of any changes such as a change of email address or telephone number. If you would like to access your information, if you have any questions, comments or suggestions, if you find any errors in our information about you, or if you have a complaint concerning our compliance with applicable privacy laws, please contact us at support@enlight.training or by mail at: The Learning Platform Pty Ltd, 60 Brookfield St, Pimpama, Queensland, 4209, Australia.

ADDITIONAL INFORMATION FOR USERS IN THE EUROPEAN ECONOMIC AREA

Personal Information

References to “Personal Information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation.

Controller

Enlight is the controller of your personal information for purposes of European data protection legislation. Any Creator of a Course for which you register will become a controller of certain personal information.

Lawful Basis for Data Processing

We will only collect, store, and process your personal information where a lawful basis for such processing exists, which will typically fall under one of the following scenarios:

1. You, the Data Subject, have given consent to the processing of your personal information for one or more specific purposes, for example by consenting to terms and conditions on our website, and consenting to the terms of this Privacy Policy;
2. Processing is necessary for the performance of a contract to which you, the Data Subject, are party;
3. Processing is necessary for compliance with a legal obligation to which we as a Controller is subject;
4. Processing is necessary for the purposes of the legitimate interests pursued by us as the Controller, or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of you, the Data Subject, which require protection of your personal information. The legitimate interests that underlie our processing of personal data include research and development, marketing and promoting the Services, and protecting our legal rights and interests.

Use for new purposes

We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it.

Retention

We will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. For example, we keep account information for as long as the account is active, and for a reasonable period thereafter to ease reactivation if you choose to reactivate your account. If the Services are made available to you through an organization, e.g., your employer, we retain your information as long as required by the administrator of your account on their behalf.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances we may anonymize your personal information (so that it can no longer be associated with you) in which case we may use this information indefinitely without further notice to you.

Your rights

European data protection laws give you certain rights regarding your personal information. You may ask us to take the following actions in relation to your personal information that we hold:

• “Opt-out”. Stop sending you direct marketing communications. You may continue to receive Service-related and other non-marketing emails.
• “Access”. Provide you with information about our processing of your personal information and give you access to your personal information.
• “Correct”. Update or correct inaccuracies in your personal information.
• “Delete”. Delete your personal information.
• “Transfer”. Transfer a machine-readable copy of your personal information to you or a third party of your choice.
• “Object”. Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.
• “Withdraw Consent”. If our processing is based on your consent, you have the right to withdraw such consent at any time.

You can submit these requests by email to: support@enlight.training. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or response to your requests regarding your personal information, you may contact us as described in Section 13 of our Privacy Notice or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator at https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.

Cross-Border Data Transfer

Whenever we transfer your personal information out of the EEA to countries not deemed by the European Commission to provide an adequate level of personal information protection, the transfer will be based on either use of approved standard contractual clauses or one of the safeguards recognized by the European Commission as providing adequate protection for personal information, where required by EU data protection legislation.