This Terms and Conditions (“Terms or Agreement”) governs your use of Academy Trained’s services, mobile applications, and our platforms, including academy-trained.com and any sub-domains or related domains (“the Site”, “the Service”, “Services”, “Us”, “We,” “Our”, “Company”, “The Academy”, “Website”). The information and content available on our website and through the Services are for educational purposes only.
By using any of our Services you signify that you have read, understand and agree to be bound by these Terms and Conditions (“Terms” or “Agreement”), regardless of whether you are a registered user of the Site. By visiting our Site or signing up for any of our services, you engage in our Services (the “Service”, “Services”). These Terms and Conditions apply to all users of the Site, including browsers. You must be at least 18 years old or older to gain access to our website and its contents. As used herein, “You, “User” or “Users” means anyone who accesses and/or uses the Site or any of our Services or if the user represents an entity or other organization, that entity or organization.
In the event a User has entered into an Enterprise Agreement or similar contractual agreement and such agreement conflicts with these Terms, the Enterprise Agreement will control over these Terms.
You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms, without notice, by posting updates and/or changes to our website. It is your responsibility to check this page periodically for any such changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
These Terms and Conditions were last updated on February 24, 2022.
Section 1 – Account Creation.
You need an account for most Services provided by the Company. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any charges incurred or damage (to us or anyone else) caused by you or someone using your account with or without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.
You may not share your account login credentials with anyone else. You are responsible for what happens with your account and the company will not intervene in disputes between customers who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security). We may request some information from you to confirm that you are indeed the owner of your account. Users must be at least 18 years old to access our Site or use our Services. If we discover that you have created an account that violates these rules, we will terminate your account.
Upon termination of your account, You agree that your name and User Content may remain accessible to the Company and other users.
Section 2 – End User License Agreement; Access to the Service.
2.1. Subject to your acceptance of and compliance with this Agreement, Company grants to you a non-exclusive, non-transferable, revocable limited license to use the Service. Your use of the Service is conditioned upon your compliance with this Agreement; any use of the Service in violation of this Agreement will be regarded as an infringement of Company’s copyrights in and to the Service. ANY BREACH OF THIS AGREEMENT WILL RESULT IN THE TERMINATION OF YOUR ACCESS TO OUR SERVICES.
2.2. Any new features or services which are added, at our sole discretion, shall also be subject to this Agreement. Company may change, modify, suspend, or discontinue any aspect of the Service at any time Such change, modification, suspension or discontinuation can be for any reason and is not limited to your breach of this Agreement. Company may also impose limits on certain features or restrict or prohibit your access to parts or all of the Service without notice or liability. You agree to be bound by any rules associated with third party applications or tools used within the Service.
Section 3 – Usage Rules.
You agree that the Site would be irreparably harmed by the use, by You or others, of the Site or facilities in connection with the transmission of spam, newsgroup postings or unsolicited email in violation of this Agreement, and that the Company is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). The Company reserves the right to block, filter or delete unsolicited email, postings or messages.
When communicating through the Service, with other Users, instructors, members of our team or anyone else, you agree to be respectful and kind. If we feel that your behavior is at any time threatening or offensive, we reserve the right to immediately terminate your access to our services with no refunds given.
You agree to be responsible for any damages resulting from your breach of this Agreement and reimburse us for all of costs, expenses and fees (including all attorney’s fees) arising from or relating to your breach.
Section 4 – User Content and Protection of Personal Information.
You agree that all information, postings, or comments (“Content”) that you provide to Us, including your name and contact information, is accurate and truthful. By posting or submitting such Content, you represent and warrant that you own or otherwise have sufficient rights to the Content that you provide, that the Content is accurate, that it does not violate this Agreement or any applicable law, and that it will not violate the rights of any person or entity. All Content that you upload to our Service remains your sole intellectual property.
By providing the Content to Us you are granting the Company a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute the Content. This grant of rights and license applies to use of your name, contact information, photo, likeness, voice, and other personal information, if included in the Content.
You understand and agree that we may monitor or review any Content you post as part of our Service. We may delete, edit, or require you to delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service or our partners.
Section 5 – Links.
Through your use of the Service, you may be provided with hyperlinks to other Internet sites or resources, including hyperlinks provided by third-party advertisers and sponsors to the Service. We make no representation or warranty as to those sites and resources, or the advertising material presented by third-party advertisers and sponsors through the Service. You agree that Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, goods or services available on or through any such site or resource.
You may link to the Site, unless notified otherwise in writing by the Company. However, You may not frame the Site in a manner that may cause confusion to Our customers, nor may You interfere or attempt to interfere in any way with the operation of the Site, including without limitation through data mining, the use of any robot, scraper or other automated device, or circumvention or attempted circumvention of any Site security features.
Section 6 – Intellectual Property.
The information available through the Service is the property of the Company and others and is protected by copyright and other intellectual property laws. Information received through the Service may not be displayed, reformatted and printed or used for any commercial purpose whatsoever without the prior written consent of the Company. All copyrights and other intellectual property rights in the Site, including without limitation all software and written and graphical content included in the Site, are owned by the Company.Such marks or intellectual property may not be used without the prior written consent of the Company. Any use of those marks, or any others displayed on the Site, will inure solely to the benefit of their respective owners. All rights reserved.
Section 7 – Courses
7.1 The Academy offers online and in person training and courses to its Users (“Courses”). The information and content available on our website, through the Services, and in our Courses are for educational purposes only.
7.2 The fees to take a course may vary and will be posted on each course’s landing page. The Academy offers in person courses, OnDemand online courses, and live online courses. Access to certain courses may only be available with the enrollment of subscription access to the Site. The Academy may offer free courses and paid courses.
7.2 Subscription courses are only available with an auto-renewing subscription. Unless otherwise governed by a written agreement entered into and executed by the parties, this Agreement will govern the subscription. The Subscription Period will be selected by the User upon signing up for our Services. The subscription fee varies by level of service and Subscription Period selected. During the Subscription Period the User may access the Services. At the end of each Subscription Period, your subscription will be automatically renewed for successive Subscription Periods until cancelled. If you do not wish to continue your subscription, you may terminate your subscription before your current subscription period ends. Subscription prices may change from time to time and by continuing to use the Service you agree to the price change.
7.3 Once a User enrolls in and pays for an OnDemand course, the User will have access to the Course and the Course materials for one (1) year, unless otherwise specified on the Course landing page.
7.4 All payments are final. The Academy does not offer refunds, except in the limited situation where The Academy cancels the course. Users who sign up for a live course and fail to attend will not be issued a refund. Users who experience technical difficulties when attending a live course will not be issued a refund.
7.5 Certain Courses are offered by other users or independent contractors and not by The Academy itself (“User Courses”). The Academy makes no representations or warranties regarding the content of these courses. The views expressed in these user courses, do not necessarily reflect the views of The Academy.
Section 8 – Disclaimers; Limitations; Waivers of Liability.
8.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ACADEMY PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST OR ANTICIPATED PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE ACADEMY PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THE PARTIES INSTEAD AGREE THAT THE ACADEMY PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF THE AMOUNT THE COMPANY HAS PAID TO YOU IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
8.3. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
Section 9 – Release.
You forever release, discharge, and covenant not to sue the Academy Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the Academy Parties, or otherwise, in connection with use of the Service or through or as a result of the Service. In other words, you agree that you cannot sue the Academy Parties if anything happens to you, your personal information, any individual that you provide access to use the Service, or your property in connection with use of the Service or through or as a result of the Service. You agree that the provisions in this paragraph will survive any termination of your account(s), the Service, or this Agreement.
Section 10 – Indemnification.
You agree at all times to indemnify, defend and hold harmless the Academy Parties harmless from any claim, causes of action, damages, liabilities, demands, costs and expenses, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use or misuse of the Site or Services, your breach of this Agreement or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 11 – Rights of European Union Residents
Notwithstanding Section Users who are residents of the European Union may have certain rights to return or cancel a purchase within 14 days of purchase. In addition, in certain limited situations, Users who are residents of the European Union may be entitled to a two year warranty for goods sold through our service. These circumstances are limited to: (i) the item does not match the product description, (ii) the item has different qualities from the model advertised, (iii) the item is not fit for the standard purpose of the item, (iv) the item does not show the quality and performance normal in products of the same type or (v) the item wasn’t installed correctly due to shortcomings in the instructions.
Section 12 – Governing Law and Dispute Resolution.
The laws applicable to the interpretation of this Agreement shall be the laws of the State of California, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the County of Santa Rosa, California. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or the Services, that you and Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, shall be resolved by final and binding arbitration in Santa Rosa, California under the rules of the American Arbitration Association then in effect. Should you file any arbitration claims, administrative or legal actions without first having attempted to resolve the matter by mediation, then you will not be entitled to recover attorney’s fees, even if you would otherwise be entitled to them.
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Rosa County, California, and waive any objection to such jurisdiction or venue.
THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. IN ADDITION, YOU HEREBY AGREE THAT ANY DISPUTES RELATED TO YOUR USE OF OUR SERVICES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
Section 13 – Severability.
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 14 – Miscellaneous.
(a)Company operates and controls the Service from its offices in the United States of America. Company makes no representation that the Service is appropriate or available in other locations. The information by the Company is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. (b) This Agreement is effective until terminated by either party. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from the Company if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in the Company’s sole discretion. (c) Neither the course of conduct between the parties nor trade practice will act to modify this Agreement to any party at any time without any notice to you. (d) You may not assign this Agreement without the Company’s prior written consent, which may be withheld in Company’s sole discretion, and any assignment without such consent shall be deemed null and void. Such anti-assignment provision shall not apply to any entity that has a right to assign its written agreement with the Company relating to the Service. (e) The section headings used in this Agreement are for convenience only and will not be given any legal import. (f) Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. (g) You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
Section 15 – Statute of Limitations.
Section 16 – Changes to this Agreement.
You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, and without notice to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Section 17 – Entire Agreement.
These Terms and Conditions and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire Agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous Agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Section 18 – Contact Information.
Questions about the Terms and Conditions should be sent to us at Kendall@academy-trained.com.
1) What Personal Information Do We Collect?
As part of our website and services, you may be asked to provide certain information about you and we may collect information automatically through your usage. We collect personal information that you provide or input on the site, including:
Name, date of birth and contact information, including your phone number and email address;
Login details, including email address, username and password;
Social media account information ,
Information in correspondence with us
Payment information, including your address and account information,
Pictures, video, and other user uploaded or submitted content;
Location as provided by the user;
We may also receive information if you chose to link or sign up using a third-party service account (such as Facebook), including personal data, such as your user ID, name, e-mail address, profile picture/avatar page posts, fan counts, engagement and comments that are available through API integrations with the third-party service you use for signing into the Service.
Certain enterprise users may upload the information (including name and contact information) of their employees, agents, or authorized users in order to grant them access to the Services. Enterprise users are required to get the appropriate consent and authorization to share that information with us.
2) How Do We Use Your Personal Information?
Personal data you provide to the Service. We may use the personal data you provide to the Service for the following purposes:
To set up and maintain your registration with the Service;
To communicate with you;
To tailor our content and information that we may send or display to you, to offer personalized help and instructions, and to otherwise personalize your experience with our Service.
To provide features available in the Service;
To develop, improve, and protect the Service;
For direct marketing and market research, including for example reading recommendations and targeted marketing, in accordance with applicable law;
To allow users to contact you;
To use user content as part of our Service as well as advertising and marketing campaigns to promote the services;
To comply with applicable legal obligations, including responding to a subpoena or court order;
To enforce our terms, conditions and policies;
To prevent and investigate fraud and other misuses; and
To protect our rights and/or our property.
Data collected automatically. We may use the data collected automatically for the following purposes:
To manage the Service;
To provide features available in the Service;
To personalize the Service. In particular, cookies may be used for providing us information on the content you’ve shared in social media after or before registering to the Service. We may use this information to provide you with advertiser content or other recommendations;
To develop, improve, and protect the Service;
For market research and data analysis, including for example reading recommendations and behavioral targeting and targeted marketing, in accordance with applicable law;
To audit and analyze the Service; and
To ensure the technical functionality and security of the Service.
3) Do We Ever Share Your Personal Information with Third-Parties?
We share the information we collect as follows:
Legal Disclosures. We may disclose a user’s information (including personal information) where we believe that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a warrant or administrative request, a court or regulatory order, or other valid legal processes. We may also disclose personal information where we believe it is necessary to identify, contact or bring legal action against someone who may be violating the Terms of Service for our Service, to detect fraud, for assistance with a delinquent account, as evidence in litigation in which we are involved, or to protect the safety and/or security of our users, the Service or the general public.
Service Providers. We may contract with independent contractors, vendors and suppliers to provide specific services related to the Service, such as hosting and maintaining the Service, providing payment processing and fraud screening, data analysis, and developing applications for the Service, email services and marketing enrichment services. We may disclose a Service user’s information to these service providers as necessary for those service providers to provide their service. Similarly, we may share your information with our mentor partners to allow them to contact you in connection with the service. The Services include the ability for users to upload or host a course, class or content on the platform. If you sign up for or enroll in a class or course offered by other members, we may share your information (including name and contact information) with the host of the class or course.
Social Media Sharing. If a user chooses to share information or other content and feedback through social media outlets, such as YouTube, Vimeo, Facebook, Instagram and Twitter, third parties may receive information about a user’s experience on the Service.
Aggregate and De-Identified Information. We may also provide aggregate, anonymous or de-identified information about users and the Service for marketing and research purposes. For example, we might inform third parties regarding the number of unique users who visit the Service, the demographic breakdown of our registered users of the Service, and the educational progress of categories of users.
4) What Privacy Protections are there for third-party links used on the website?
Content and information posted by the Company may contain links to other sites, including those of our business partners or affiliates. While we seek to link only to sites that share our high standards and respect for privacy and security, we are not responsible for the privacy practices used by other sites.
The Website, in line with almost every other internet-based company, utilizes cookie technology to allow the company to improve the functionality of the service and improve your user experience. Your browser or device may allow you to block or delete cookies from our site, however, this may interfere with the functionality of our Service. Cookies collect information automatically even when a user is not logged into their account. The information collected may include information about the platform and operating system you are using, your browser type and version, computer and connection information, and what time you accessed the site. This information will be collected any time you access the website unless you opt out.
What are cookies?
Cookies are small pieces of data, stored in text files, that are stored on your computer or other device when websites are loaded in a browser. They are widely used to “remember” you and your preferences, either for a single visit (through a “session cookie”) or for multiple repeat visits (using a “persistent cookie”). They ensure a consistent and efficient experience for visitors, and perform essential functions such as allowing users to register and remain logged in. Cookies may be set by the site that you are visiting (known as “first party cookies”), or by third parties, such as those who serve content or provide advertising or analytics services on the website (“third party cookies”).
Both websites and HTML emails may also contain other tracking technologies such as “web beacons” or “pixels.” These are typically small transparent images that provide us with statistics, for similar purposes as cookies. They are often used in conjunction with cookies, though they are not stored on your computer in the same way. As a result, if you disable cookies, web beacons may still load, but their functionality will be restricted.
Which cookies does The Company use?
Anytime you visit and use a The Company website, The Company or a third party places cookies in your browser. Certain cookies are specific to features or specific preferences, and certain cookies will be used all the time. Four different types of cookies are used by The Company.
Essential Cookies. These are cookies are placed in your browser by the Company and are also known as “strictly necessary” cookies. These are necessary to allow you to move around the site and use its features, such as “Save and View Favorites.”
Analytics Cookies. Also known as “performance cookies,” analytics cookies collect information about visits to our sites and how the services we offer are being used. We use this data to make improvements and report our performance. For example, these cookies collect information about how visitors use our sites, which site the visitor came from, the number of each user’s visits and how long a user stays on the site. We might also use analytics cookies to test new ads, pages, or features to see how users react to them. Analytics cookies are primarily third-party cookies.
Functionality Cookies. Sometimes called “preference cookies,” these first-party cookies allow us to remember information you have entered or choices you have made (such as your username, language, region, and marketing preferences) on our sites, so the next time you visit the site you will not have to set them again. These cookies also allow us to provide a better user experience on our website.
Targeting Cookies. The Company and our advertising partners or other third-party partners may use these types of cookies, also known as “advertising cookies,” to deliver advertising and track ad performance, and enable advertising networks to deliver ads that may be relevant to you based upon your activities (this is sometimes called “behavioral” or “targeted” advertising) on our sites.
How can you manage and delete cookies?
6) Does the Company use any other user tracking technologies?
Technology used on the Internet is constantly changing. The company uses technology standard to the Internet, such as pixel tags, web beacons, and other similar technologies, to track visitors to our sites.
7) How do we respond to “Do Not Track” Signals?
8) Are There Any Age Restrictions for Use of the Company’s Services?
You must be at least 18 years old or older to gain access to our website or our services. This website is not intended for those who are under 18 years old. The Company does not knowingly collect any information from anyone who is under 18 years of age and does so in compliance with the Children’s Online Privacy Protection Act. The Services are directed solely to individuals who are at least 18 years old.
If we learn we have collected Personal Data from a child under 18 without parental consent, we will delete that information, unless we are legally obligated to retain such data. If you have any reason to believe we may have unknowingly collected data from a minor under the age of 18, please immediately send us an email at Kendall@academy-trained.com.
9) What Rights do You have?
You have the following rights with respect to the personal data we hold about you:
The right to know what data we hold about you: You can contact us at Kendall@academy-trained.com to review the personal data you have provided to the Service. We seek to swiftly respond to your inquiry. We may charge a processing fee if less than twelve (12) months has passed since your last inquiry relating to personal data we hold about you.
The right to have incomplete, incorrect, outdated, or unnecessary personal data corrected, deleted, or updated. The easiest way to correct, delete, or update the personal data you have provided to the Service is to access your profile settings and enter the necessary changes there. If you have additional questions regarding the correction, deletion, or updating of the personal data we hold about you, please contact us at Kendall@academy-trained.com.
The right to opt out of receiving electronic direct marketing communications from us: All electronic direct marketing communications that you may receive from us, such as e-mail messages, give you an option of not receiving such communications from us in the future. If you have any additional questions about electronic direct marketing received from us, please contact us at Kendall@academy-trained.com.
10) What Additional Rights Do Nevada Users Have?
Under the Nevada Privacy Law (SB220), certain Nevada residents may opt out of the sale of “personally identifiable information” for monetary consideration to a person for that person to license or sell such information to additional persons. “Personally identifiable information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.
The Academy does not sell your personally identifiable information. However, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law by emailing Kendall@academy-trained.com. If our policy on selling personal identifiable information changes, we will honor your request.
11) What Additional Rights Do California Users Have?
The California Consumer Privacy Act provides some California residents with the additional rights listed below.
Right to Know. You have the right to know and see what data we have collected about you over the past twelve (12) months, including:
The categories of personal information we have collected about you;
The categories of sources from which the personal information is collected;
The business or commercial purpose for collecting your personal information;
The categories of third parties with whom we have shared your personal information; and
The specific pieces of personal information we have collected about you.
Right to Delete. You have the right to request that we delete the personal information we have collected from you (and direct our service providers to do the same). There are a number of exceptions, however, that include, but are not limited to, when the information is necessary for us or a third party to do any of the following:
Provide you with a good or service, 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;
Fix our system in the case of a bug;
Protect the free speech rights of you or other users;
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.);
Comply with a legal obligation; or
Make other internal and lawful uses of the information that are compatible with the context in which you provided it.
Other Rights. You have the right to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclose to third parties for their own direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. You also have the right not to be discriminated against for exercising any of the rights listed above.
Exercising Your California Privacy Rights. To request access to or deletion of your personal information, or to exercise any other data rights under California law, you may write to us at Kendall@academy-trained.com. Please include your full name and email address associated with your use of our services, along with why you are writing, so that we can process your request in an efficient manner.
Response Timing and Format. We aim to respond to a consumer request for access or deletion within 45 days of receiving that request. If we require more time, we will inform you of the reason and extension period in writing.
12) What Additional Rights do EEA Residents Have?
If you are resident outside the United States, including in United Kingdom, Switzerland, the EEA; European Economic Area (“EEA”), which includes the member states of the European Union (“EU”), we transfer Personal Data provided by you for processing in the United States, including Personal Information sent via e-mails or when you create an account. Under the GDPR, we are considered a “controller” and a “co-processor” of the Personal Data of EEA Residents. By providing Personal Data to us for the purpose of using the service, website or mobile application, you consent to the processing of such data in the United States. The transfer of your Personal Data to the United States is necessary for the performance of a contract between you and us for your use of the website or mobile application.
Please note that the United States does not have data protection laws equivalent to those in the EEA and other jurisdictions.
Rights of EEA Residents
All processing of Personal Data of EEA Residents is performed by us in accordance with the General Data Protection Regulation (2016/679) of the European Parliament and of the Council on the protection of natural persons regarding the processing of Personal Data and on the free movement of such data (“GDPR”).
Under the GDPR, we are both the controller and a co-processor of the Personal Data of EEA Residents. Our purpose for collecting and processing Personal Data from EEA Residents is to provide them with the features and functionalities of our website and mobile application and information regarding our services. The legal basis for collecting Personal Data is because it is necessary for performance of a contract between us to provide you with the website and mobile application and its related features and functionality. We also rely on your consent to receive information about our services. You may withdraw consent from receiving marketing and promotional communications by clicking the “Update Email Preferences” link on the communication. If EEA Residents do not provide Personal Data to us or withdraw consent for processing such Personal Data, we may not be able to provide such residents with certain features or functionalities of the website or mobile application or information regarding the services, including processing payments.
If you are an EEA resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us at Kendall@academy-trained.com.
Additionally, if you are an EEA resident, we are hereby notifying you that we are processing your information in order to fulfill contracts we might have with you, or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to the United States.
Security of Transmission of Personal Information and Risks Related to the Internet
Our website and mobile application have security measures in place to help protect against the loss, theft, misuse and unauthorized access, disclosure, alteration and destruction of the information under the company’s control. The website uses no encryption (data scrambling) on certain portions of the website, but does use encryption on portions where you are transmitting financial information, such as credit card information. When you are on any website that asks you for confidential information, you should check to see if the information being transmitted is encrypted in order to increase the security of your information. Although every effort is made to ensure no one else will view, seize or obtain your information, complete confidentiality and security is not yet possible over the Internet. Any unencrypted email communication over the Internet is not secure or confidential, and is subject to possible interception, loss and alteration. The company, its agents, administrators, employees and affiliates may not be held liable for any damages you or anyone else may suffer or incur as a result of the transmission of confidential or sensitive information over the Internet, and all such communications will be made at your own risk.
We seek to use reasonable organizational, technical and administrative measures to protect Personal Information under our control. For example, we seek to use Secure Sockets Layer (“SSL”) technology for all financial transactions conducted through the website or mobile application.
Unfortunately, no data storage system or data transmission over the Internet can be guaranteed to be 100% secure. Please also be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that may be non-negotiable; these service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their system, or they have a general reputation for applying such measures.
13) How Are Users Notified of Any Changes to this Policy?
14) How Can I Contact the Company Regarding this Policy?