(Last Updated on 19 April, 2024)
This privacy policy ("Privacy Policy")
explains how information about you is collected, used and disclosed by us. This
Privacy Policy applies to information we collect when (i) you access to and use
of our Sites, (ii) your access to and use of our Applications, or (iii) your
access to and use of our services that link to or reference our Exprely Terms.
The Site, Application and other Exprely services together are hereinafter collectively
referred to as the "Exprely Platform". The Privacy Policy is
intended to meet our duties of transparency under the "General Data
Protection Regulation" or "GDPR".
By downloading, accessing, using and/or
interacting with our Exprely Platform, you agree and expressly consent to our
collection, use and disclosure of the information that you provide as described
in this Privacy Policy. This Privacy Policy is incorporated by reference into
the terms of service available at https://www.exprely.com/terms-and-conditions (our
"Exprely Terms") and is subject to the provisions of the Exprely
Terms. Capitalized terms (including "Exprely", "us",
"we" and "our") used but not defined in this
Privacy Policy shall have the meaning ascribed to such terms in our Exprely
Terms. If you have any concerns about providing information to us or the use of
that information as described in this Privacy Policy, you should not use our Exprely
Platform.
Modifications
Because we are always looking for new and
innovative ways to help you achieve your goals in connection with the use of
our Exprely Platform, this Privacy Policy may change over time, so please
review it frequently. The effective date at the top indicates the last time
this Privacy Policy was modified. If we are required by applicable data
protection laws to give you enhanced notice or seek your consent for any such
changes, we will do so. You can see when this policy was last updated by
checking the "last updated" date displayed at the top of this
policy. Any revised Privacy Policy will supersede all previous privacy
policies.
Table of Contents
1. How We Collect Information
We collect information: (i) that you choose
to provide to us; and (ii) automatically through your use of the Exprely
Platform. If you are a resident of the European Economic Area (the "EEA"),
we rely on one of the following legal grounds to process information about you:
(i) where we have your consent, (ii) where we have a legitimate interest to do
so, (iii) where the processing is necessary for the performance of a contract
with you, and (iv) where we need to comply with a legal or regulatory
obligation.
2. Information We Collect That You
Choose To Provide To Us
We collect information that you choose to
provide to us, for example, when you create an account, manage your user
profile, participate in any interactive features of the Exprely Platform,
request our e-newsletter or other marketing communications, participate in a
promotion or survey, request customer support or otherwise communicate with us.
The type of information we may collect includes your name, user name, country,
telephone number, email address, postal address, photograph, avatar, password,
security questions and answers, details about our products you use, details you
provide in respond to surveys about our products, information you provide when
seeking help from us, billing information, payment card number and account
details, forum posts and comments and other contact or identifying information
you choose to provide directly.
For your information, the Company has
collected, both directly and through third parties, the following categories of
personal information about consumers during the preceding twelve (12) month
period:
3. What Information We Collect
Automatically When You Use the Exprely Platform
We automatically collect information about
you including:
Device Information.
We collect device-specific information when you access the Exprely Platform
from a computer, mobile, and/or other device, including your hardware model,
operating system and version, unique device identifiers, mobile network
information, country of access, crash reports, request and referral URL’s and
system activity details.
Software Information.
We collect software-specific information about your use of the Exprely
Platform, such as which version of our software and what updates you have
installed or use, and the presence of required plug ins.
Use Information.
We collect information about your use of the Exprely Platform, including the
type of browser you use, the language you prefer, access times, pages viewed,
user activity, interactions with other users, your internet protocol address
and the page you visited before navigating to the Exprely Platform.
Cookies and Other Electronic
Technologies. We and our
third-party service providers may use cookies, clear GIFs, pixel tags, flash
cookies, and other technologies that help us better understand user behavior,
personalize preferences, perform research and analytics, and improve the
Services. These technologies, for example, may allow us to tailor the Services
to your needs, save your password in password-protected areas, track the pages
you visit, help us manage content, and compile statistics about usage of our
Services. Some cookies may expire after a single session, but others may
persist even after your session is over.
We or our
third-party service providers also may use certain of these technologies in
emails to our customers to help us track email response rates, identify when
our emails are viewed, and track whether our emails are forwarded.
We use cookies
and similar technologies in our websites and applications to collect and send
information to Meta about actions you take on our website and applications. In
particular, Meta uses this information to provide services to us and also for
further processing for its own business purposes. We and Meta are joint
controllers of the processing involved in collecting and sending your personal
information to Meta using cookies and similar technologies as each of us has a
business interest in Meta receiving this information. The services we receive
from Meta that use this information are delivered to us through Meta’s API. These
tools allow us to target advertising to you within Meta’s social media
platforms by creating audiences based on your actions on our website and
applications and allow Meta to improve and optimize the targeting and delivery
of our advertising campaigns for us.
Most web browsers automatically accept cookies, but your browser may allow you to modify your browser settings to decline cookies if you prefer. If you disable cookies, you may be prevented from taking full advantage of the Services, because the Services may not function properly. As we adopt additional technologies, we may also gather additional information through other methods.
Session-replay technologies. We may use session-replay technologies, such as
those provided by PostHog, which employs software code to record users’
interactions with the Service in a manner that allows us to watch video replays
of those user sessions. The replays include users’ clicks, mobile app touches,
mouse movements, scrolls, keystrokes and key touches during those sessions.
These replays help us diagnose usability problems and identify areas for
improvement. You can learn more about PostHog at https://posthog.com/privacy.
4. Information Provided to Us by
Third Parties
In addition to the information that we
collect directly from you, we also collect certain of your information from
following third party sources.
App Stores or Distribution Channels.
The Exprely Platform that are distributed through app stores or distribution
channels, such as the Apple App Store, or Google Play, may also request permission to automatically collect other
information from your mobile or other device. The Exprely Platform may only
collect such information with your authorization in accordance with your device
operating system’s permission process.
Apple App Store.
The Exprely Platform that is distributed through the Apple App Store may also
request permission to automatically collect other information from your mobile
or other device. The Apple App Store may collect information regarding customer
activity on the Apple App Store and aggregate that information to understand
which part of Apple’s services are of most interest to you. More information on
Apple’s privacy policy can be found here. We
may only collect such information with your authorization in accordance with
your device operating system’s permission process.
Google Play.
The Exprely Platform that are distributed through Google Play may also request
permission to automatically collect other information from your mobile or other
device. Google Play may collect device-specific information to help the user
decide on which devices the user would like purchases to be available for use.
In mobile applications, Google Play may use identifiers specific to your device
to serve you more relevant advertisements. More information on Google’s privacy
policy can be found here. The Exprely Platform may only collect such
information with your authorization in accordance with your device operating
system’s permission process.
Mobile Platforms.
If you use or access the Exprely Platform on your mobile device and/or tablet,
we receive information about you from the app stores and other mobile platform
providers. This information includes your username and/or device ID and the
fact that you made a purchase, for instance, but does not include any sensitive
or financial information. Some of our mobile platforms also may send
information to us that you authorize them to provide. Our mobile products also
may request additional personal information from you, such as push notification
tokens, your precise location or contact list, and we will collect this
information only if you give us your explicit consent.
Third Party Services and User
Information. We may allow third parties to serve
advertisements in connection with the Exprely Platform, to provide analytics
services and provide you with other services, such as social media, rewards
programs and tournaments. These third parties may use cookies, web beacons and
other technologies to collect information about you on the Exprely Platform and
other websites and online services, such as your name, profile picture, email
address, your internet protocol addresses, identifiers associated with your
mobile device or applications on the device, pages viewed, time spent on pages,
links clicked and conversion information. Some of such third party analytics
and advertising services may offer you a choice to opt-out of the collection
and/or sharing of this information. This Privacy Policy does not apply to and
we are not responsible for, third party cookies, web beacons or other tracking
technologies. In addition, we may also receive information about you when other
users choose to share their contact lists with us. For example, (i) if you
create or log into your account through a social media site (such as Facebook), we might have access to certain information from that site, such
as your name, profile picture, phone number and/or email address in accordance
with the authorization procedures determined by such social media site; and
(ii) our services may utilize the YouTube application programming interfacing
services (API Services) as a third party services, and you are agreeing to be
bound by the YouTube’s Terms of Service(https://www.youtube.com/t/terms)
and Privacy
Policy(http://www.google.com/policies/privacy),
and API Services Terms of
Service(https://developers.google.com/youtube/terms/api-services-terms-of-service)
when engaging YouTube content and services through our service.
We have identified the provider names of
some of the third-party analytics and advertising services we may use. We take no
responsibility for the content or privacy practices of any third party
services. We encourage you to carefully review the privacy policies of any
third party services you may access. Please see the links below to learn more about
the data practices of some third-party service providers we may use:
5. How We Use Your Information
We may use information about you for various
purposes, including to:
We retain your data only for as long as
necessary to provide the service you have requested and thereafter for a
variety of legitimate legal or business purposes. These might include retention
periods: (i) mandated by law, contract or similar obligations applicable to our
business operations; (ii) for preserving, resolving, defending or enforcing our
legal/contractual rights; or (iii) needed to maintain adequate and accurate
business and financial records.
6. What Kinds of Information We
Share
We will share personal information outside
of the Company when we have your consent. We’ll ask for your explicit consent
to share any sensitive personal information. We do not share your personal
information with companies, organizations, or individuals outside of the
Company except the following cases:
For your information, the Company has
disclosed to third parties or service providers for business purposes the
following categories of personal information about consumers during the
preceding twelve (12) month period:
We do not sell any personal information
about consumers. We may also share aggregated or de-identified information,
which cannot reasonably be used to identify you. When we provide this
information, we perform appropriate procedures so that the information does not
identify you and we contractually prohibit recipients of the data from
re-identifying this information to associate the information with you.
7. online Analytics and
Advertising
We may use third-party web analytics
services on the Services, such as those of Google Analytics. These service
providers use the sort of technology described in the "Information we collect
automatically” section above to help us analyze how users use the Services,
including by noting the third-party website from which you arrive. The
information collected by the technology will be disclosed to or collected
directly by these service providers, who use the information to evaluate your
use of the Services. We also use Google Analytics for certain purposes related
to advertising, as described in the following section. To prevent Google
Analytics from using your information for analytics, you may install the Google Analytics Opt-Out
Browser Add-on.
We may allow other third parties (e.g., ad
networks and ad servers such as Google Analytics) to access their own cookies
or other tracking technologies on your computer, mobile phone, or other device you
use to access the Services. We neither have access to, nor does this Privacy
Policy govern, the use of cookies or other tracking technologies that may be
placed on your computer, mobile phone, or other device you use to access the
Services by non-affiliated, third-party ad technologies, ad servers, ad
networks or any other non-affiliated third parties. Those parties that use
these technologies may offer you a way to opt out of targeted advertising as
described below. You may receive tailored advertising on your computer through
a web browser. When we use third-party cookies and other tracking tools, we may
disclose your personal information to those companies to help us analyze use of
the Service, display advertisements on the Service and advertise the Service
elsewhere online.
If you are interested in more information
about tailored browser advertising and how you can generally control cookies
from being put on your computer to deliver tailored marketing, you may visit
the Network Advertising Initiative's ("NAI”) Consumer Opt-Out Link and/or the Digital Advertising Alliance's ("DAA”) Consumer Opt-Out Link to opt-out of receiving tailored advertising from companies that participate in
those programs. To opt out of Google Analytics for Display Advertising or
customize Google Display Network ads, you can visit the Google
Ads Settings page. Please note that to the extent advertising technology is
integrated into the Services, you may still receive advertising content even if
you opt out of tailored advertising. In that case, the advertising content may
not be tailored to your interests. Also, we do not control any of the above
opt-out links and are not responsible for any choices you make using these
mechanisms or the continued availability or accuracy of these mechanisms. If
your browsers are configured to reject cookies when you visit this opt-out
page, or you subsequently erase your cookies, use a different computer or
change web browsers, your NAI or DAA opt-out may no longer be effective.
Additional information is available on NAI's and DAA's websites, accessible by
the above links.
8. Ways You Might Share Your
Information through the Exprely Platform
The Exprely Platform may offer social
sharing features and other integrated tools (such as the Facebook or Twitter
"Like" button feature),
which let you share actions you take on the Exprely Platform with other media,
and vice versa. The use of such features enables the sharing of information
with your friends or the public, depending on the settings you establish with
the entity that provides the social sharing feature. For more information about
the purpose and scope of data collection and processing in connection with
social sharing features, please visit the privacy policies of the entities that
provide such features.
9. How We Keep Your Information
Safe
We take commercially reasonable security
measures to help protect information we collect about you from loss, theft,
misuse, unauthorized access, disclosure, alteration and destruction. These
security measures may include practices such as keeping your sensitive data on
a secured server behind a firewall, and transmitting sensitive information
(such as a credit card number) entered while using the Exprely Platform using
secure socket layer technology ("SSL").Unfortunately, however,
no security system is 100% secure, and we cannot guarantee that the information
we collect from you will be free from unauthorized access by third parties.
Unauthorized entry or use, hardware or software failure and other factors may
compromise the security of user information. Your password is an important
component of our security system, and as a result it is your responsibility to
protect your password. Do not share your password with any third parties. If
your password has been compromised for any reason, you should change your
password immediately.
10. Where We Store Your
Information
Your information we collect may be stored
and processed for the purposes set out in this Privacy Policy in the United
State, or any other country in which the Company, its subsidiaries, or third-party
agents operate. If you are a resident of the EEA, we may transfer your
information to affiliated entities or third parties to jurisdictions outside
the EEA. Please note that these countries outside of the EEA may not have the
same data protection laws as your own jurisdiction. We take steps to ensure
that there are adequate safeguards and mechanisms in place to allow the
transfer of your information across borders outside of the EEA.
11. Our Policies Regarding
Children
The Exprely Platform is not intended for
children under the age of eighteen (18) (the "Child" or "Children"),
and we do not knowingly collect any personal information from such Children.
Children should not use or attempt to use the Exprely Platform, and if you are
Children, please do not attempt to use the Exprely Platform or send any
information about yourself to the Company.
In the event that we learn that we have
inadvertently gathered personal information from a Child, we will take
reasonable measures to delete such information from our records. Parents who
believe that we might have gathered any information from or about a Child may
submit a request to delete such information to write to our address listed in
Section 14 (Contact Us) below.
12. Your Choices and Controls
We give you meaningful choices when it comes
to important uses and collection of your information. To easily access, view,
update, correct, delete or port your personal data, or to update your
subscription preferences, please sign into your account and visit "Account
Settings". Where we rely on consent to collect and use information
about you, you can withdraw your consent at any time. If you make a request to
delete your personal data and that data is necessary for the products or
services you have purchased, the request will be honored only to the extent it
is no longer necessary for any of the Exprely Platform purchased or required
for our legitimate business purposes or legal or contractual record keeping
requirements.
Cookies.Most web browsers are set to accept cookies by default. If you prefer, you can
usually choose to set your browser to remove or reject browser cookies. Please
note that if you choose to remove or reject cookies, this could affect the
availability and functionality of the Exprely Platform. For more
information, please visit: https://optout.networkadvertising.org opt-out page
where you can learn more about NAI members who deliver tailored online ads and
your choices to opt-out of receiving them.
Push Notifications.We may send push notifications or "alerts" to your device to
provide information regarding the Exprely Platform, service updates,
promotional communications and other related messages. You can deactivate push
notifications by changing your notification settings via your device.
Promotional Communications.
You may opt-out of receiving promotional messages from us by following the
instructions in those messages. If you opt out, we may still send you
administrative, transactional, or relationship messages, such as those about
your account or our ongoing business relations including but not limited to
administrative confirmations, order confirmations, important updates regarding
the Exprely Platform and notices regarding this Privacy Policy and our Exprely
Terms.
Account Deactivation.You may deactivate your account from Settings -> Privacy through the website
or mobile app. When you deactivate your account, the account will be
immediately disabled. You will not be able to log in, and you will be unable to
use Exprely products and services. Disabled accounts can only be restored by
contacting customer service.
If you have a Teacher Account, you cannot deactivate your account through the
website or mobile app. You must contact the Exprely support team in this
situation. Customer service will verify your deactivation request, and process
the request within 5 working days.
Account Deletion.If you want to delete all personal information in your account, please contact
customer service. Customer service will verify the deletion request, and delete
the account within 5 working days.
After deleting your account, all personal
content, information, data, and records of Exprely-related services that you
have used through this account will be deleted or anonymized (excepting data
required to fulfill compliance obligations by national laws, regulations,
regulatory documents, and government policies, etc.), and will no longer be
able to be retrieved, accessed, or obtained. This data includes but is not
limited to:
After you delete your account, all unused Exprely
credits and lessons you purchased or scheduled on Exprely will be deemed
automatically forfeited and cannot be returned or exchanged.
Account deletion is irreversible and irrevocable. Once the account is deleted,
it cannot be restored. If you register for an account with Exprely again with
the same mobile phone number or email address, the account will be a new user
account.
Once the account is deleted, you will no
longer have the benefits and rights applicable to registered users as agreed in
the relevant user agreements.
13. How We
Respond to Do Not Track Signals
Because consumers are often unaware that
their do not track beacons are active, do not track frequently does not reflect
the actual preferences of our users. We currently do not respond to Do Not
Track signals. In the meantime, you may opt out of certain types of tracking,
including certain analytics and tailored advertising by changing your cookie
settings.
14. Contact Us
If you have any questions about this Privacy
Policy, please contact us as follows:
Online Support: https://www.exprely.com/contact
Email: support@exprely.com
15. Right to Contact a Data
Protection Authority
If you have a concern about how we collect
and use information, please contact us. You also have the right to contact your
local Data Protection Authority. Contact details for Data Protection
Authorities in the EEA are available here.
16. Additional
Regional Disclosures
16.1 European Economic Area, United
Kingdom, Turkey, and Brazil
You may have the following rights, under
certain circumstances. To exercise any of your rights please contact us here. Your local laws may permit
you to request that we:
We will consider all requests and provide
our response within the time period stated by applicable law. Please note,
however, that certain information may be exempt from such requests in some
circumstances, which may include if we need to keep processing your information
for our legitimate interests or to comply with a legal obligation. We may
request that you provide us with information necessary to confirm your identity
before responding to your request as required or permitted by applicable law.
If you have unresolved concerns, you may
lodge a complaint with your local data protection authority. However, we
encourage you to contact us first, and we will do our best to resolve your
concern.
The laws of some jurisdictions such as the
European Union and United Kingdom require data controllers to tell you about
the legal ground that they rely on for using, sharing, or disclosing your
information. To the extent those laws apply, our legal grounds are as follows:
16.2 Nevada
Under Nevada law, certain Nevada consumers
may opt out of the sale of "personally identifiable information” for monetary
consideration (as such terms are defined by Nevada law). We do not engage in
such activity.
16.3 California Notice at
Collection
The California Consumer Privacy Act of 2018,
as amended by the California Privacy Rights Act of 2020 ("CCPA”) requires us to
provide some additional information to California residents. This subsection
only applies to you if you are a California resident, and it applies only to
personal information we collect on or through the Services and through other
means (such as information collected offline and over the telephone). It does
not apply to personal information we collect from our employees and job applicants
in their capacity as employees and job applicants.
California law requires us to disclose
information regarding the categories of personal information that we have
collected about California consumers, the categories of sources from which the
information was collected, the business or commercial purposes (as those terms
are defined by applicable law) for which the information was collected, and the
categories of parties to whom we disclose personal information. From section 2 above to section 4 we describe the information we collect from and about you; Section 5 describes
the purposes for which we use this information; and Section 6 describes when
and to whom we disclose data. The CCPA requires us to list the personal
information we collect by category along with the purposes of its use and the
unaffiliated parties to which it is disclosed.
|
Categories of
Personal Information
(see Section 2 to 4 above)
|
Purposes of Use
(see Section 5 above)
|
Categories of Other Parties to Whom
We Disclose the Information for Business and Operational Purposes
(see Section 6 above)
|
|
Identifiers
(e.g., name, email address, phone
number, and other account information)
|
|
|
|
Commercial information
(e.g., transaction data regarding the
transactions you’ve made with or through us)
|
|
|
|
Financial information
(e.g., payment or other financial
information)
|
|
|
|
Internet or other network or device
activity
(e.g., IP address, unique device
identifiers, advertising and app identifiers, browsing history, or other
usage data)
|
|
|
|
Employment
information
(e.g., job positions and titles, and
business contact information)
|
|
|
|
General location information
(e.g., your general location inferred
from an IP address)
|
|
|
|
Audio or visual information
(e.g., video and audio recordings of
teaching sessions)
|
|
|
|
Protected classification and
demographic information
(e.g., information from our users
that reveals information related to protected classifications, such as
ethnicity or nationality)
|
|
|
|
Other information
(any other information you provide to us
that directly or indirectly identifies you, such as information you include
in emails or other communications to us)
|
Purposes of use will depend on the
additional information you provide
|
Disclosure will depend on the additional
information you provide
|
Some of the categories of personal
information above may also be "sensitive personal information” under the CCPA.
We may collect the following types of "sensitive personal information”:
(1) account log-in and password or other credentials allowing access to your Exprely
account; and (2) information you share that may reveal race/ethnic origin or
other protected classifications.
We collect the categories of personal
information identified above from the following sources: (1) directly from you;
(2) through your use of the Services; and (3) third parties such as social
media networks and analytics or attribution partners.
Additionally, if you create a teacher profile
through the Service, you are directing us to share your teacher profile with
prospective students. If you use the Service as a student and schedule or join
a teaching session, you are directing us to share your student profile with the
other participants. Your student or teacher profile may include the following
categories of personal information: (1) identifiers; (2) demographic
information; (3) information related to protected classifications; (4)
audio/video data; and (5) other information that identifies or can reasonably
identify you.
If you are a California resident, you may
have certain rights. California law may permit you to request that we:
You also have the right to opt out of
"sales” and "sharing” of personal information, as described in the "Sales and
Sharing of Personal Information” subsection below. You may have the right to
receive information about the financial incentives that we offer to you, if
any. You also have the right to not be discriminated against (as provided for
in applicable law) for exercising certain of your rights. Certain information
may be exempt from such requests under applicable law. We need certain types of
information so that we can provide the Services to you. If you ask us to delete
it, you may no longer be able to access or use the Services.
If you would like to exercise any of these
rights, please contact us here. You will be required to
verify your identity before we fulfill your request. If you have an online
account with us, logging into your account will serve to verify your identity
and request, although we may request additional information if we believe your
account has been compromised. If you do not have an account with us, or if we
have reason to suspect that the security of your account is compromised, we
will request additional information from you to match with our existing records
to verify your identity, depending on the nature of the request and the
sensitivity of the information sought.
You can also designate an authorized agent
to make a request on your behalf. To do so, you must provide us with written
authorization or a power of attorney, signed by you, for the agent to act on
your behalf. You will still need to verify your identity directly with us.
The CCPA also allows you to limit the use or
disclosure of your "sensitive personal information” (as defined in the CCPA) if
your sensitive personal information is used for certain purposes. Please note
that we do not use or disclose sensitive personal information other than for
purposes for which you cannot opt out under the CCPA.
We may disclose your personal information to
third parties for purposes of analytics and advertising. We provide information
to analytics providers to better understand how consumers use the Services so
we can improve the Services and create new products and services. We may also
provide personal information to third-party advertising providers for targeted
advertising purposes, so we can provide you with more relevant and tailored ads
regarding our services. Under the CCPA, disclosing personal information to
these third parties may be considered a "sale” of personal information or the
"sharing” of personal information for purposes of "cross-context behavioral
advertising.”
The following chart lists the categories of
personal information we have sold or shared over the last 12 months and the
categories of third parties to which we have sold or shared:
|
Category of
personal information
|
Categories of "third parties” to
which we have "sold” or "shared” this personal information
|
|
Identifiers
|
Ad networks and advertising partners;
analytics providers
|
|
Device information
|
Ad networks and advertising partners;
analytics providers
|
|
Commercial information (e.g.,
transactions, browsing history, or app usage)
|
Ad networks and advertising partners;
analytics providers
|
We do not knowingly "sell” or "share” the
personal information of children under 18.
Please see Section 5 above ("How
We Use Your Information”) for more information on how we retain your
information.
Please see Section 13 above ("How We
Respond to Do Not Track Signals”) for more information on how we respond to do not
track signals.
California Civil Code Section 1798.83
permits customers of Exprely who are California residents to request certain
information, once per year, regarding our disclosure of their personal
information (as defined by California law) to third parties for their own
direct marketing purposes, or in the alternative, that we provide a cost-free
means for consumers to opt out of any such sharing. We do not currently share
personal information with third parties for their own direct marketing
purposes.
.
