Last Updated: September 30, 2020
What Information this Privacy Notice Covers
This Privacy Notice covers information we collect from you through our Sites. Some of our Sites’ functionality can be used without revealing any Personally Identifiable Information (i.e., information that can be used to identify you) (may also be referred to as “personal data” or “personal information”), though for features or services related to the content offerings, Personally Identifiable Information is required. In order to access certain features and benefits on our Sites, you may need to submit, or we may collect, Personally Identifiable Information. Personally Identifiable Information can include information such as your name, email address, IP address, and device identifier, among other things. You are responsible for ensuring the accuracy of the Personally Identifiable Information you submit to the Company. Inaccurate information may affect your ability to use the Sites, the information you receive when using the Sites, and our ability to contact you. For example, your email address should be kept current because that is one of the primary manners in which we communicate with you.
A Note About the Privacy of Children Under 13
The Company Sites are not directed to or otherwise promoted for use by children under the age of thirteen (13). We or third parties acting on our behalf do not knowingly collect or use any personal information of anyone under the age of thirteen (13).
What You Agree to by Using Our Sites
We consider that the legal bases for using your personal information as set out in this Privacy Notice are as follows:
- our use of your personal information is necessary for complying with our legal obligations; or
- use of your personal information is necessary for our legitimate interests or the legitimate interests of others. Our legitimate interests are to:
- run, grow and develop our business;
- operate our Sites and provide our services;
- select appropriately skilled and qualified suppliers;
- build relationships with partners and academic institutions;
- carry out research and statistical analysis;
- carry out marketing and business development; and
- for internal administrative and auditing purposes.
Which legal basis applies to a specific processing activity will depend on the type of personal information processed and the context in which it is processed.
We may process your personal information in some cases for marketing purposes on the basis of your consent (which you may withdraw at any time as described below).
What Information We Collect
We gather two types of information about users through the Sites:
- Information relating to your use of our Sites. When users come to our Sites, we may track, collect, and aggregate information indicating, among other things, which pages of our Sites were visited, the order in which they were visited, when they were visited, and which hyperlinks were clicked. We also collect information from the URLs from which you linked to our Sites. Collecting such information may involve logging the IP address, operating system and browser software used by each user of the Sites. We may be able to determine from an IP address a user’s Internet service Provider and the geographic location of his or her point of connectivity. We also use (or may use) cookies and web beacons when you visit our Sites. You are always free to set your browser to notify you when a cookie is sent or to decline our cookies if your browser permits, although doing so may impede your use of certain of the Company Sites’ features.
- Personally Identifiable Information provided directly by you or via third parties. We collect Personally Identifiable Information that you provide to us when you register for an account, update or change information for your account, purchase products or services, complete a survey, sign-up for email updates, participate in our public forums, send us email messages, and/or participate in content offerings or other services on our Sites. We may use the Personally Identifiable Information that you provide to respond to your questions, provide you the specific content offering and/or services you select, send you updates about content offerings or other Company events, and send you email messages about maintenance or updates of the Sites.
- Account Registration. If you register for an account on our Sites, you may be required to provide us with Personally Identifiable Information such as your name and email address.
- Updates. The Company may offer you the ability to receive updates either via email or by posting on portions of the Sites only accessible to registered users. In order to subscribe to these services, you may be required to provide us with Personally Identifiable Information such as your name and email address.
- Forums. The Company may offer public forums from time to time (the “Forums”) where you can share comments and thoughts. In order to participate in the Forums, you may be required to register with us and/or provide us with Personally Identifiable Information such as your name and email address. Please keep in mind that information you post or make available in Forums will be publicly available. You should not include any Personally Identifiable Information you desire to maintain as confidential or other information of a personal or sensitive nature, whether relating to you or another person, in a Forum post.
- Participation in content offerings. The Company offers users the opportunity to participate in content offerings on or through the Sites. If you desire to participate in a content offering, you will be asked to provide us with certain information necessary to conduct such a content offering. This information may include, among other things, your name and email address.
If you participate in a content offering, we may collect from you certain student-generated content, such as application exercises you submit to course facilitators, peer-reviewed materials, and peer feedback. We also collect course data, such as student responses to in-video quizzes, standalone quizzes, exams, and surveys. You should not include any Personally Identifiable Information or other information of a personal or sensitive nature, whether relating to you or another person, on assignments, exams, or surveys, except for information required to participate or submit such assignments, exams, or surveys.
- Identity Verification. The Company may offer you the ability to verify your identity for select services. In order to enroll for these services, you may be required to provide us or our third party identity verification vendor with Personally Identifiable Information such as your name, address, date of birth, a headshot taken using a webcam, and a photo identification document. Additionally, if you apply for financial accommodation in connection with these services, you may be required to provide information regarding your income.
- Communications with the Company. We may receive Personally Identifiable Information when you send us an email message or otherwise contact us.
- Third-Party Sites. We may receive Personally Identifiable Information when you access or log-in to a third party site, e.g., Facebook, from our Sites. This may include the text and/or images of your Personally Identifiable Information available from the third party site.
- Surveys. We may receive Personally Identifiable Information when you provide information in response to a survey operated by us or a content provider.
- Partner sites. Partner sites providing content offering related tools and services accessed through or referenced on the Sites may collect nonfinancial individual level user data regarding the individual’s use of that partner site while the partner sites provide those services to the Company. The partner sites may share that data with the Company for the purpose of improving the Company’s services, the partner site’s services, and the individual’s education experience. This data includes information such as the amount of time spent on the partner site and pages viewed.
- Third-Party Credit Card Processing. The Company provides you with the ability to pay for content offerings and other services using a credit card through a third party payment processing service provider. Please note that our service provider – not the Company – collects and processes your credit card information. Why We Collect this Information
The Personal Information we collect from you is used to respond to your request for products and services, for provision of such products and services, to determine your satisfaction with your purchase(s) and to customize our future interactions to meet your needs. The information about your computer and/or your mobile device is used to analyze marketing statistics, identify trends and continually improve the way in which we serve you.
How We Use the Information
1.- Information relating to your use of our Sites. We use information relating to your use of the Sites to build higher quality, more useful services by performing statistical analyses of the collective characteristics and behavior of our users, and by measuring demographics and interests regarding specific areas of our Sites. We may also use this information to ensure the security of our services and the Sites.
Our Sites use technologies of third party partners to help us recognize your device and understand how you use our Sites so that we can improve our services to reﬂect your interests and serve you advertisements about the products and services that are likely to be of more interest to you. Speciﬁcally, some partners collect information about your activity on our Sites to enable us to:
- Measure and analyze trafﬁc and browsing activity on our site
- Show advertisements for our products and/or services to you on third party sites
- Measure and analyze the performance of our advertising campaigns
2.- Personally Identifiable Information provided directly by you or via third parties. Except as set forth in this Privacy Notice or as specifically agreed to by you, the Company will not disclose any of your Personally Identifiable Information. In addition to the other uses set forth in this Privacy Notice, we may disclose and otherwise use Personally Identifiable Information as described below.
- Providing the Sites and our services. We use Personally Identifiable Information which you provide to us in order to allow you to access and use the Sites and in order to provide any information, products, or services that you request from us.
- Technical support and security. We may use Personally Identifiable Information to provide technical support to you, where required, and to ensure the security of our services and the Sites.
- Updates. We use Personally Identifiable Information collected when you sign-up for our various email or update services to send you the messages in connection with the Sites or content offerings. We may also archive this information and/or use it for future communications with you, where we are legally entitled to do so.
- Forums. You should not post any Personally Identifiable Information you desire to maintain as confidential or other information of a personal or sensitive nature, whether relating to you or another person, within a Forum post. If you choose to post Personally Identifiable Information, such Personally Identifiable Information may be collected during your use of the Forums. We may publish this information via extensions of our Platform that use third party services, like mobile applications. We reserve the right to reuse Forum posts that contain Personally Identifiable Information in future versions of the content offerings, and to enhance future content offerings. We may archive this information and/or use it for future communications with you and/or your designee(s), and/or provide it to the content provider, business partner, or the instructor(s) associated with the courses you have taken. We may also use or publish posts submitted on the Forums without using Personally Identification Information.
- Participation in content offerings. We use the Personally Identifiable Information that we collect from you when you participate in a content offering through the Sites for processing purposes, including but not limited to tracking attendance, progress, and completion of the content offerings. We may also share your Personally Identifiable Information and your performance in a given content offering with the facilitator(s) who lead it, with coaches, pastors or other individuals designated by the facilitator(s) to assist with the creation, modification, progression or operation of the content offering, and with the content provider(s) with which they are affiliated. We may also use the information generated when taking a content offering or using the services for predictive analysis of your performance in the content offerings. Also, we may archive this information and/or use it for future communications with you, where we are legally entitled to do so.
- Identity verification. For services that require identity verification, we may use the Personally Identifiable Information that we collect for verifying your identity, and for authenticating that submissions made on the Sites were made by you. This service may be provided through a third party identity verification vendor.
- Communications with or from the Company. When you send us an email message or otherwise contact us, we may use the information provided by you to respond to your communication and/or as described in this Privacy Notice. We may also archive this information and/or use it for future communications with you where we are legally entitled to do so. Where we send you emails, we may track the way that you interact with these emails (such as when you open an email or click on a link inside an email). We use this information for the purposes of optimizing and better tailoring our communications to you.
- Communications with Company business partners. We may share your Personally Identifiable Information with content providers and other business partners of the Company so that content providers and other business partners may share information about their products and services that may be of interest to you where they are legally entitled to do so.
- Research. We may share general course data (including quiz or exercise submissions, progress data, and forum discussions), information about your activity on our Sites, and demographic data from surveys operated by us with our content providers and other business partners so that our content providers and other business partners may use the data for research related to online education.
- Disclosure to Company operations and maintenance contractors. We use various service providers, vendors and contractors to assist us in providing our services to you. Our contractors may have limited access to your Personally Identifiable Information in the course of providing their products or services to us, so that we in turn can provide our services to you. These contractors may include vendors and suppliers that provide us with technology, services, and/or content related to the operation and maintenance of the Sites or the content offerings. Access to your Personally Identifiable Information by these contractors is limited to the information reasonably necessary for the contractor to perform its limited function for us.
- If required by law, regulatory or court order, or legal process;
- If we determine that doing so would be in the public interest (i.e., if we were to suspect that you were using the Sites in connection with the commission of a crime);
- In connection with a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization, or liquidation of the Company;
- If you provide such information to us in connection with a promotion of a good or service offered by a third party, for purposes of such promotion, including, without limitation, sharing such information with that third party;
- To provide you with certain services on the Sites that are provided by such parties, as reasonably required to provide such services and;
- In the context of working with third-party contractors engaged by us in the provision of the Sites or related matters.
After we or third parties acting on our behalf disclose your personal information to unafﬁliated third parties in such instances, we can no longer control the use or further disclosure of your personal information. Consequently, we or third parties acting on our behalf will not be responsible to you for such use or further disclosure.
Correcting Your Information
To the extent the Company and its afﬁliated companies maintain any account information on you, you can ensure that your account information is correct and current by reviewing and updating it at any time. You may do so as often as necessary by sending an e-mail to admin@ﬁvetwo.com and we will assist you in updating any of your information we have on ﬁle. Subject to certain exceptions prescribed by law, and provided we can authenticate your identity, you will be given reasonable access to your personal information and will be entitled to challenge the accuracy and completeness of the information and to have it amended as appropriate. You may also ask to change your preferences regarding how we use or disclose your information or let us know that you do not wish to receive any further communication from us.
If you choose to use any website referral function (as may be provided by the Company from time to time) to tell friends about the Company Sites, you will be required to provide your name and email address and the email addresses of your friends. The form automatically sends your friends a one-time email inviting them to visit the Company Sites. We do not access or store this information, except to send the invitation to visit the Company Sites. By using the referral form you are authorizing us to contact your friends on your behalf and to list your name and email address as the referring party.
We take precautions involving physical, electronic, and managerial controls to protect from loss, misuse, unauthorized access or disclosure, and alteration any of your Personal Information in Our Possession. We may employ industry-standard Secure Sockets Layer encryption when requesting certain ﬁnancial or personal information from you and we use such encryption during your day-to- day use of the Company Sites. You should note that the conﬁdentiality of any information transmitted over the Internet cannot be guaranteed.
Links to Other Sites
No Data Transmission Guarantee
There is no method of data transmission that can be guaranteed against any interception or other type of misuse, every time. We or third parties acting on our behalf do not ensure or otherwise warrant the security of information that you provide. We do use the tools that are commercially available to secure our systems, monitor them and adopt new and better tools as they become available. Also, we or third parties acting on our behalf cannot vouch for the privacy measures of other web sites or wireless networks, should you visit them via a link from the Company Sites. Our provision of hyperlinks is for your convenience and does not imply that the Company endorses or has an association with the linked sites. Please note that if you transmit your information using an on-device client, your information will be traveling over the wireless network provided by your network provider or a public WiFi network and the Company cannot ensure the privacy of your information when it travels over such third party networks.
Our partners may use non-cookie technologies that may not be impacted by browser settings that block cookies. Your browser may not permit you to block such technologies. For this reason, you can use the following third party tools to decline the collection and use of information for the purpose of serving you interest based advertising:
The NAI’s opt-out platform
The DAA’s opt-out platform
Data Protection Officer
FiveTwo is headquartered in Texas, in the United States. FiveTwo has appointed an internal data protection ofﬁcer for you to contact if you have any questions or concerns about FiveTwo personal data policies or practices. The FiveTwo data protection ofﬁcer’s name and contact information are as follows:
Attn: Privacy Officer
PO Box 644
Buchanan Dam, TX 78609
Changes to This Policy
P.O. Box 644
Buchanan Dam, Texas 78609
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