Privacy Notice

Privacy Policy

Vubiz Ltd. And Vubiz Inc. (“we” or “us”) are committed to protecting and respecting your privacy and want you to know how we handle the information we receive via our website and through our online services.

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, either through our websites www.vubiz.com, www.vubuild.com, or client branded sites (“our sites”), our Learning Management System (LMS), vuCloud Distribution Service, Certification Portfolio, Helpdesk Software and/or our Knowledge Base/Just-in-Time Learning service (collectively “our Services”), or as otherwise indicated to you by us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. For the avoidance of doubt, our Services are subject to their Terms of service, as referenced below.

 

Information we may collect from you

We collect and/or process the personal data of different categories of people across our sites and Services. The categories are:

 

1. Visitor – a person who is visiting our sites and who has not completed an authentication process on our sites
2. User – a person who uses our Services as our customer to create or manage courses
3. Learner – a person who takes a course through our services

 

Visitors:

If you are a visitor, we will only collect the information that you provide to us by filling in forms on our sites, providing us with your contact details, or by corresponding with us by phone, email, or otherwise. We maintain records of our correspondence for such period of time as we believe is reasonably required, except where you tell us otherwise.

 

We also use cookies on our sites, which may collect information as detailed further in the following section.

 

Users:

When you register for an account for one of our Services, we will collect relevant information to set up your account, such as your name, company name, and email address to be able to provide the Services. Users of paid plans are normally required to enter their credit card number. Further details on our payment intermediary are detailed later in this policy.

 

We also collect user data on the web pages and application functionality that you access or visit as part of the Services to the extent required for the proper operation and functioning of the Services. This data is collected to deliver and improve Services and includes eLearning courses tracking data generated by learners, as described below. The Services may also be directly accessed through other websites. Personal information that you provide or submit to those sites may be sent to the Services in order to allow us to deliver the Services. We process such information under this Privacy Policy.

 

Learners:

When you take a course within one of our Services we will collect relevant information to set up your account, generally limited to your name, company name, and email address.

 

Where the course you take has tracking enabled (which is determined by our customer, the account owner), we will also collect data such as your quiz scores, the time you spent in training and other data related to your training performance. We will not use this information for our own purposes, but the account owner has access to this data for his or her own purposes and determines and controls how such information is used.

 

Where you require information on what information of yours is collected by account owners and customers of ours and for what purposes such data is used and processed, please contact the relevant account owner and customer of our Services.

 

Cookies

Our sites use cookies to distinguish you from other visitors to provide you with a better experience and to help us improve our sites. By continuing to browse our sites, you are agreeing to our use of cookies as stated below. We also use cookies as part of our Services to the extent reasonably necessary for us to provide these to you and Learners.

 

A cookie is a small data file placed on the hard drive of your computer when you visit a website. A “session cookie” expires when you end your session (i.e. close your browser). A “persistent cookie” stores information on your hard drive so when you end your session and return to the same website at a later date, the cookie information is still available. A “web beacon” is a small string of code that represents a clear graphic image, a redirect URL or JavaScript and is used in conjunction with a cookie.

 

Cookies used on our sites

Our sites may use session and persistent cookies. The cookies placed by our server are readable only by us, and cookies cannot access, read or modify any other data on your computer. We may use web beacons alone or in conjunction with cookies to compile information about your usage of our sites and interaction with emails from us. 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 our sites, in order to improve our sites and email communications.

 

Our sites and the Services may contain links to other websites including share and/or “like” buttons. These other websites, services and applications may set their own cookies on users’ computers, collect data or solicit personal information. You should refer to their cookie and privacy policies to understand how your information may be collected and/or used.

 

Preference Cookies

We use preference cookies to collect information about your choices and preferences, and to allow us to remember preferred settings and customize our sites accordingly.

 

Analytical Cookies

We also use analytics cookies to collect information about your use of our site, and to enable us to improve the way our site works. For example, analytics cookies show us which are the most frequently visited pages on our site, help us record any difficulties you have with our site, and show us whether our advertising is effective or not. This allows us to see the overall patterns of usage on our site, rather than the usage of a single person. We use the information to analyse the site traffic, but we do not use information to identify individuals.

 

Marketing Cookies

We use Remarketing with Google Analytics to advertise online. Third party vendors, including Google, may show our ads on sites across the internet.

 

We, and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone’s past visits to our website. Remarketing cookies used by us expire after 30 days. To opt out of Remarketing or to control your ad preferences, please click here.

 

Controlling Cookies

Most web browsers have a “help” menu where you can review how to prevent your browser from accepting new cookies, how to have your browser alert you when you receive a new cookie or how to fully disable cookies on your browser. You can learn more about cookies at sites like www.aboutcookies.org. If you use your browser settings to block all cookies, you may not be able to access all or parts of our site.

 

Cookies used in our Services

We also collect user data on the application functionality that you access as part of the Services to the extent required for the proper operation and functioning of the Services. This data is collected to deliver and improve Services and includes eLearning content tracking data generated by learners, as described above. Our Services are governed by our Terms of service, as specified below.

 

Security Measures

We understand that the security of any data we collect as part of you visiting our site and/or using our Services is of great importance to you. We therefore make sure it is well protected.

 

Although we own the code, databases and all rights to our software applications, you retain all rights to your data. We maintain reasonable and appropriate security measures to protect your information from loss, destruction, misuse, unauthorized access and/or disclosure. These measures help ensure that your data is safe, secure, and only available to you and to those you provided authorized access. However, no data transmission over the internet or information storage technology can be 100% secure. Although we will do our utmost best to protect your personal data, we cannot guarantee the complete security of your data transmitted to our site or otherwise gathered by us; any transmission and supply of personal data to us is therefore at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

 

Third Parties

We only make use of third parties where this is necessary for us to make our site available and offer our Services. We only work with third parties that warrant the implementation of appropriate security measures and practices to protect your data.

 

We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and other technology and services required to operate and maintain our site and the Services. As part of this we may be required to transfer (some of) your personal information to these vendors and partners.

 

We use Microsoft Azure Services as our hosting provider in hosting our Services. Except as described in this policy, we will not share, give, sell, rent or loan any personal information to any third party, unless:

 

• It is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Terms of Service of the specific Service, or as otherwise required by law
• We are required to do so by relevant laws or regulations; and/or
• We are acquired by or merged with another company. In this event, we will notify you before information about you is transferred and becomes subject to a different privacy policy
• Our sites may, from time to time, contain links to and from the websites of our group companies, partner networks, clients, and/or affiliates. If you follow a link to any of these websites, please note that these websites are subject to their own privacy policies and that we do not accept any responsibility or liability for these sites and policies. Please check those policies before you submit any personal data to these websites.

 

Uses made of the information

We use your information for the following general purposes:

 

• Sites and Services provisioning
• Billing, user identification and authentication
• To provide you with information about services via email or telephone that you request from us or which we feel may interest you
• To carry out our obligations arising from any contracts entered into between you and us or to enable us to deal with any query you have raised
• To allow you to participate in interactive features of our Services, when you choose to do so
• To notify you about changes to our Services
• To administer our sites and/or the Services (as applicable) and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes and as part of our efforts to keep our site and Services safe and secure.

 

How long do we store your data for?

We will keep a copy of your personal data for as long as you remain registered with our sites/the applicable Services or are the contact person or learner of any customer we are dealing with and thereafter for such period as may be required for our legitimate purposes and in compliance with any legal, audit and compliance requirements, provided that in certain cases as outlined below under “Your right” we may delete such data on your request, and further provided that in regard to Services, our specific Terms of service with you or the relevant customer organization may include relevant specific provisions.

 

Online payments and billing

If you make a purchase for any of our Services, you normally will be required to provide your payment details. These details will be made available in part to both the payment gateway and merchant bank involved. We ourselves will not receive and/or store your credit card details. More details can be found below.

 

We use Elavon and Paypal as our payment gateways. Paypal’s privacy policy can be found here: https://www.paypal.com/ca/webapps/mpp/ua/privacy-full

 

And Elavon’s can be found here:

https://www.elavon.com/privacy-pledge.html

 

Your personal data will only be used by Elavon and Paypal for the purposes of processing your payment and will be securely encrypted.

 

Legal basis of our processing of your personal data

We make sure that we only collect and process your data when we have a lawful basis to do so.

 

Where we operate our sites and perform our marketing efforts on the basis of your consent and process your personal data as part of your account registration and our ongoing customer interactions with you based on our legitimate interests of promoting, growing and developing our business and in order to perform our obligations under the contract between us.

 

In other situations, we normally act on behalf of a customer of ours and perform any related data processing on the basis of our legitimate interests of promoting, growing and developing our business and in order to perform our obligations under a contract between us and such customer. In such situations, the relevant customer and account owner is the controller of your data and determines its use.

 

Your rights

We acknowledge and respect your rights as an individual. If you wish to exercise any of your lawful rights or have questions in this regard, please reach out to us via the contact details provided below.

 

You have the right to ask us not to process your personal data for marketing purposes. You may also choose not to receive publications or certain other communications from us by explicitly indicating so in the appropriate section of the Registration Form or by opting-out by phone, email or via direct marketing emails sent to you.

 

We will inform you (before collecting your data) if we intend to use your data for marketing purposes. You can exercise your right to prevent such processing by (un)checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at the contact details included in this privacy policy, or by unsubscribing per the method outlined in any emails sent or during any phone calls with you.

 

You may also have the right to ask us to provide you with data held on you, amend any inaccurate personal data held on you, and/or to delete such data. However, you should be aware that if you request your details to be deleted, this will mean we will have no record of any opting out that you may have requested and that you therefore may receive unsolicited communications in the future. Where we are processing your information on behalf of our customer, you are generally required to exercise any such rights directly with our customer, being the organization or individual that determines the processing.

 

Children’s personal information

In accordance with the Children’s Online Privacy Protection Act (“COPPA”) and the GDPR, our Services are not intended to be used by children and we do not knowingly request, solicit, access or receive personal information (as defined in COPPA and the GDPR, as applicable) from anyone under the age of 13 and 16 respectively. Where we are aware that any personal information submitted through our sites or our Services belongs to a child, we will delete this personal information from our records.

 

Whilst this is not our intention, our Services could be used to collect personal information from children under the age of 16. Where you make use of our Services to collect such personal information, you become an “operator” under COPPA and it becomes your obligation as our customer to comply with the relevant requirements of the COPPA and/or the GDPR, as applicable (and any other applicable laws and regulations).

 

While it is your responsibility, not ours, to ensure compliance with COPPA and the GDPR where you act as our customer and are the account owner and determine the data collection and processing, in the event we have actual notice that you have collected personal information in violation of COPPA and/or the GDPR, we will require you to comply with COPPA and/or the GDPR, and we may delete any violating personal information you are processing without notice.

 

EU Privacy

Vubiz is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). We comply with the EU-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries.

 

We have made every effort to ensure that all of our aforementioned processing adheres to the Privacy Shield Principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access, and recourse, enforcement and liability (“the Principles”). If there is any conflict between the policies in this privacy policy and the Principles, the Principles shall take precedence.

 

In compliance with the Principles, we have committed to resolve complaints about your privacy and our collection or use of your personal information. If you have any inquiries or complaints regarding this privacy policy should first contact us at privacy@vubiz.com.

 

Terms of service

When you access and use our Services you are subject to our Terms of Service.

 

Disclaimer

We disclaim all liability related to your collection and use of personal information through our Services.

 

Changes to our privacy policy

This policy may be updated by us from time to time, so please check this policy periodically to ensure you are aware of our latest policies.

 

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to privacy@vubiz.com. Complaints should be sent to the same email address.

 

 

Terms of Service

 

BY USING YOUR REQUESTED APPLICATION AND/OR LOGGING IN TO USE THE USER INTERFACE TO THE SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY THE BELOW TERMS OF USE (ALSO REFERRED TO AS "AGREEMENT"). IF YOU DO NOT AGREE TO THE BELOW TERMS OF USE, DO NOT USE THE SERVICE.

 

 

TERMS OF SERVICE

• You must use the Service only in accordance with these terms and conditions and the instructions, manuals or other materials regarding use of the Service that Vubiz makes generally available to its customers.
• You must comply with all applicable laws during the exercise of your rights under these terms and conditions (including but not limited to all copyright and import and export laws).
• You are responsible for maintaining the security of your Service account and password. Vubiz accepts no liability for any loss or damage from your failure to abide by this provision.
• You are responsible and liable for all content and materials posted to the Service and activity that occurs under your account.

 

RESTRICTIONS

• You must not use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortuous material, or to store or transmit material in violation of any laws and/or third-party rights. Whilst using the Service, you shall not use excessive bandwidth (as determined by Vubiz in its sole discretion);
• You must not use the Service to store or transmit viruses, worms, time bombs, Trojan horses and/or other harmful or malicious code, files, scripts, agents or programs.
• You must not interfere with or disrupt the integrity or performance of the Service in any way.
• You must not attempt to gain unauthorized access to the Service or its related systems or networks.
• You may not use the Service for any illegal or unauthorized purpose.
• You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Vubiz, or any other Vubiz products or services.
• Where we specified a limitation of content storage and/or resettable registrations, you must upgrade your license where you would want to use the Service in excess of those restrictions in accordance with Vubiz's standard licensing and pricing plans.

 

PAYMENT

• A valid credit card or invoice is required for paying accounts.
• To set up an eCommerce account, you must provide a valid credit card during the transaction.
• Your credit card will be billed as per the items contained within your shopping cart.
• The Service is non-refundable. No refunds will be processed unless there is a technical issue that we cannot resolve that prevents a Learner from effectively studying the course. Refund requests must be received within 30 days of the date of purchase.

 

WARRANTY DISCLAIMER

 

• The services are provided "as is" and without warranties of any kind, whether express, implied or statutory, including without limitation any implied warranty of merchantability, non-infringement or fitness for a particular purpose, all of which are expressly disclaimed.

 

LIMITATION OF LIABILITY AND INDEMNITY

• In no event will Vubiz or any of its affiliates or subcontractors be liable for loss of data, lost profits, or for any (other) incidental, consequential, or special damages, however caused, and on any theory of liability, arising out of, or relating to this agreement, the use of, or inability to use the service, or any matter relating to this agreement and/or the service, even if Vubiz has been advised of the possibility of such damages.
• Except where such liability cannot be limited by applicable law, Vubiz's and any of its affiliates and subcontractors' total liability under or arising out of this agreement and the service (including, where applicable, under any indemnity obligation) shall not exceed the amounts actually paid by you for the service to Vubiz in the 12-month period prior to the event given rise to the relevant claim.
• These limitations shall apply notwithstanding the failure of essential purpose of any limited remedy provided in this agreement.
• You indemnify us against any claims, expenses, damages, costs and liability received or incurred by us resulting from your breach of any of the provisions of this agreement.

 

TERMINATION

• You may terminate your account and access to the Service at any time by submitting such termination request in writing to Vubiz at support@vubiz.com or by completing the form at onlinelearninghelp.com.
• Except for your breach of this Agreement, including without limitation your failure to pay, in which case Vubiz may, in addition to any other right it may have, immediately terminate this Agreement, suspend your account and/or suspend or terminate your access to the Service, Vubiz, in its sole discretion, has the right to terminate your account and use of the Service for any reason upon sixty (60) days' prior notice.
• Cancellation, expiration or termination of your account will, as appropriate, result in the deactivation or deletion of your account and/or your access to your account. All of your content and materials will be immediately deleted from the Service upon termination or cancellation.

 

CONFIDENTIALITY AND DATA PROTECTION

• Vubiz is committed to keeping any personal data it receives from you or otherwise as part of the Service appropriately secure. As part of this commitment, Vubiz participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework. Vubiz is committed to subjecting all personal data received from European Union (EU) member countries in reliance on the Privacy Shield Framework, to the Framework's applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce's Privacy Shield List at https://www.privacyshield.gov/. It shall be your responsibility to ascertain that you are in compliance with any related, applicable laws and regulations when transferring and personal information to us as part of the Service. More information on our commitment to security and data protection can be found on our website at https://scorm.com/scorm-solved/scorm-cloud-support-that-delights/scorm-cloud-uptime-and-security-policies/.
• This Section only applies where the General Data Protection Regulation is applicable to the Service, and where Vubiz is considered the data processor (as defined in the GDPR) and you the data controller (as defined in the GDPR), and is included to satisfy the requirements included in Article 28 of the GDPR. In such case, the following shall apply:

a)     The nature and purpose of the personal data (as defined in the GDPR) processing (as defined in the GDPR) hereunder shall comprise the storage of certain personal data provided by you as part of the Service, for the term of the Agreement and for your legitimate and lawful purposes. Vubiz may also provide support services to you as part of the Service, which may comprise Vubiz accessing your personal data to the extent reasonably required to provide such support;

b)    The categories of personal data included in the processing hereunder generally include: first and last names and email addresses;

c)     You have processed and will continue to process any personal data provided to Vubiz in accordance with the relevant provisions of the applicable data protection laws, and such processing does not violate those laws. You ensure that you are entitled to transfer the relevant personal data to Vubiz so that Vubiz may lawfully process the personal data in accordance with this Agreement on your behalf;

d)    Vubiz shall process any personal data provided by you only in accordance with this Agreement and any lawful instructions reasonably given by you from time to time. We agree that those written instructions do include those needed for Vubiz to provide the Service to you as described herein;

e)    Both Vubiz and you shall take and maintain throughout the term of this Agreement appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage, and Vubiz shall take any measures required pursuant to Article 32 of the GDPR;

f)      Vubiz shall ensure that any staff authorised to process your personal data are bound by obligations of confidentiality;

g)     Vubiz shall not engage another processor without ensuring that the relevant agreement includes terms which reflect the provisions of this Section 7.2. in line with Article 28(4) of the GDPR and without your prior written consent. You hereby provide your general consent to Vubiz using such processors as required by us to provide the Service. A current list of processors used by us in the Service can be found in our corporate privacy policy as accessible through our corporate website. It shall be your responsibility to check any updates in this list from time to time. Where you object to our use of any processor used, please contact us in accordance with said privacy policy, so that we can meet in good faith to understand any legitimate concerns you may have;

h)    Vubiz shall, taking into account the nature of the processing, assist you by appropriate technical and organizational measures, insofar as this is reasonably possible, for the fulfilment of your obligation to respond to requests for exercising the data subject's rights laid down in Chapter III of the GDPR;

i)      Vubiz shall reasonably assist you (at a reasonable administrative charge, each time as to be agreed) in fulfilling your obligations to respond to requests for exercising the data subjects' (as defined in the GDPR) rights set out in Chapter III of the GDPR;

j)      Vubiz shall reasonably assist you in ensuring compliance with the obligations contained in Articles 32 to 36 of the GDPR, taking into account the nature of the processing and the information available to Vubiz;

k)     Vubiz shall, at your option on expiry or termination of this Agreement and/or the Service, either delete or return to you all personal data provided to us as part of the Service, provided that where you within 30 days from expiry or earlier termination of this Agreement have not indicated your choice to Vubiz, your choice shall be deemed to be deletion of all such personal data;

l)      Vubiz shall, on your reasonable request, make available to you all information reasonably necessary to demonstrate Vubiz's compliance with Article 28 of the GDPR and this Agreement; and

m)   Vubiz shall inform you if, in Vubiz's opinion, any instruction provided by you would infringe the GDPR.

 

• In no event does Vubiz accept any liability for any personal data not required for the functional operation of the service which is entered by you into the service.

 

MODIFICATION TO SERVICES

• Vubiz reserves the right at any time and from time to time to modify, suspend and/or discontinue, temporarily or permanently, the service (or any part thereof), where so reasonably possible upon notice, provided that Vubiz may not provide notice if such modification or discontinuation is for security or emergency maintenance purposes. Modification includes the right and ability for Vubiz to apply any update or upgrade to the service at any point of time. You agree that Vubiz shall not be liable to you or any third party for any modification, suspension and/or discontinuance of the service (or any part thereof).

 

INTELLECTUAL PROPERTY AND OWNERSHIP

• You acknowledge that between you and Vubiz, Vubiz owns all right, title and interest in and to the Service and the accompanying documentation and all related modifications, enhancements, updates and upgrades.
• You have no right to the Service except to the extent expressly granted in these Terms of Use. Vubiz reserves all right, title and interest in and to the Service.

 

You shall not attempt to:

1. copy, duplicate, modify, or create derivative works from all or any portion of the Service;
2. reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Service; and/or
3. access all or any part of the Service in order to build a product or service which competes with the Service.

 

• Vubiz shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Service any suggestions, enhancement requests, recommendations and/or other feedback provided by you, relating to the operation of the Service.

• During the term of this Agreement, you may build applications on top of the Service. Vubiz claims no intellectual property rights over the information or material you input in, upload to or build on top of the Service. Your input information, uploaded material and material or applications sitting on top of the Service remains yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your visible information and content.
• Vubiz does not pre-screen content, but Vubiz has the right (but not the obligation) in its sole discretion to refuse or remove any content that is available via the Service.

 

ENTIRE AGREEMENT; MISCELLANEOUS

 

• These Terms of Use are the sole and complete agreement between the parties and supersede all prior agreements and understandings between the parties respecting the Service.
• The waiver of a breach or the failure to exercise any right hereunder shall not be a waiver of any subsequent breach or as a waiver of any other right.
• If any provision in these Terms of Use is determined unenforceable, such unenforceability will not affect the enforceability of the other provisions of these Terms of Use.
• These Terms of Use shall be governed by the laws of the Province of Ontario without regard to its conflicts of law principles or to the United Nations Convention on the International Sale of Goods.
• Any dispute regarding these Terms of Use will exclusively be resolved in the Provincial court.
• The sections of these Terms of Use entitled "Limitation of Liability and Indemnity", "Intellectual Property and Ownership", and this "Entire Agreement; Miscellaneous" will survive after the termination or cancellation of these Terms of Use.
• By accepting these Terms of Use, you are providing consent to receive email messages or other material from Vubiz and its Affiliates for support, marketing, or sales purposes in accordance with its privacy policy as accessible through Vubiz's corporate website at www.vubiz.com.
• Questions or notices for Vubiz can be sent to support@vubiz.com