Last modified on March 4, 2020.
You may share Personal Information when using the Emtrain Services. One example is when you provide information about yourself as part of the Emtrain account creation process. Another is when you take certain actions on the Emtrain site, such as when you search the site, visit web pages on the site, or submit questions through the site.
2. Personal Information We Collect
User-provided Information: You may provide a variety of information about yourself to us, such as your name, work email address, and the name of your employer when you register or otherwise use the features and functionality of the Emtrain Services. You must keep your password strictly confidential. You are responsible for all actions taken using your account information and password, and you agree to immediately notify Emtrain of any unauthorized use of your account information and/or your password of which you become aware.
Workplace Conduct Questions. You may also submit questions through the Emtrain site about workplace conduct issues. One feature of the Emtrain Services is publishing those questions—after removing details that Emtrain believes are likely to identify the companies and individuals referenced in the questions—along with answers to the questions, to provide guidance to all users of the Emtrain Services.
Automatically Collected Information: The Emtrain website collects certain information automatically and stores it in log files. The information may include Internet Protocol address (“IPAddress”), the region or general location where your computer or device is accessing the internet, device and browser types and identifiers, operating system a unique user ID, referring and exit page addresses, software and system type, and information about your usage of the Emtrain Services, including a history of the pages you view.
Examples of how Emtrain uses automatically collected information include to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you access the Emtrain Services; (b) provide customized content and information; (c) monitor the effectiveness of marketing campaigns; (d) monitor and store aggregate site usage metrics such as total number of visitors and pages accessed; and (e) track your entries, submissions, and status in any promotions or other activities.
Information from Other Sources: We will not obtain information about you from third parties, such as advertisers or social media networks.
4. How We Use Personal Information
Emtrain uses Personal Information to operate, maintain, enhance, provide, create, and develop the features, functionality, and services (new or existing) found on the Emtrain Services; improve your experience with the Emtrain Services by delivering content that we hope you will find relevant and interesting; and understand the usage trends of our users.
Emtrain may also use Personal Information, and share such information with contracted third parties that perform functions on Emtrain’s behalf and under Emtrain’s instruction, to perform analytics and assist with customer support, account management, and our marketing efforts.
Emtrain will not disclose Personal Information to your employer, but we may inform the company you identify as your employer that one or more of its unidentified employees have indicated interest in topics addressed in the Emtrain Services as part of our marketing efforts.
We use your company email address to communicate with you, including to notify you of major Emtrain Services updates, for customer service purposes, or to contact you regarding any content that you have posted to or downloaded from the Emtrain Services or send you service related email announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. You do not have an option to opt out of these emails, which are not promotional in nature.
Note: If, at any time, you or your organization would like to unsubscribe from receiving future marketing emails, we include ‘unsubscribe’ instructions at the bottom of each email.
6. Data Protection and Security
Emtrain uses a variety of managerial, technical, and physical measures to protect the integrity and security of your Personal Information. These measures may vary based on the sensitivity of your information. However, no security precautions or systems can be completely secure. We cannot ensure or warrant the security of any information you transmit to Emtrain, and you do so at your own risk. We cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If you have any questions about the security of your Personal Information, you can contact us at email@example.com.
7. Non-Personal / Aggregated Data
8. When We Disclose and Share Information
Emtrain does not sell, trade, or otherwise transfer your Personal Information to third parties for commercial use.
We may share such information for the following purposes:
Emtrain may disclose your Personal Information if we believe in good faith that such disclosure is necessary to comply with U.S. state and federal laws or other applicable laws around the world (for example, in the country of your residence), or respond to a court order, judicial or other government request, subpoena, or warrant in the manner legally required.
Emtrain also reserves the right to disclose Personal Information that we believe, in good faith, is appropriate or necessary to protect Emtrain from potential liability or from fraudulent, abusive, or unlawful uses; investigate and defend ourselves against third-party claims, or allegations; protect the security or integrity of the Emtrain Services; or protect the rights, property, or safety of Emtrain, our users, or others.
9. Third Party Services and Websites
10. California Privacy Rights
California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of any third parties to whom we have disclosed their personal information in the prior calendar year, as well as the type of personal information disclosed to those parties.
11. Your Rights
You have the right to request an electronic copy of your information, to request the deletion or restriction of your information, or to request your information in a structured and electronic format. You can make these requests by contacting us at firstname.lastname@example.org. We will respond to your request within a reasonable timeframe.
12. Do Not Track
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. We are committed to providing you with meaningful choices about the information collected on our website for third-party purposes, but we do not recognize or respond to browser-initiated DNT signals, as the Internet industry is currently still working toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT. It’s also important to note that we do not allow third party behavioral tracking.
13. Other People’s Personal Information
You should obtain the consent of any third party prior to your providing any personal information of that third party through the Emtrain Services, as any access to view or change his/her information may be available only through your account.
14. Transfers of Personal Data
The Emtrain Services are hosted and operated in the United States (“U.S.”) through Emtrain and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Emtrain Services, you acknowledge that any personal data about you, regardless of whether provided by you or obtained from a third party, is being provided to Emtrain in the U.S. and will be hosted on U.S. servers, and you authorize Emtrain to transfer, store and process your information to and in the U.S., and possibly other countries. You hereby consent to the transfer of your data to the U.S. as set forth herein.
Emtrain participates in and has certified its compliance with the EU – U.S. Privacy Shield Framework. Emtrain 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. https://www.privacyshield.gov
Emtrain is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Emtrain complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Emtrain is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Emtrain may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In compliance with the Privacy Shield Principles, Emtrain commits to resolve complaints about our collection or use of your Personal Information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact the support department at email@example.com.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
15. Information Related to Data Collected through the Emtrain LMS Service
Information Related to Data Collected for our Clients:
- Emtrain collects information under the direction of its Clients, and has no direct relationship with the individuals whose personal data it processes. If you are a customer of one of our Clients and would no longer like to be contacted by one of our Clients that use our service, please contact the Client that you interact with directly. We may transfer Personal Information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our Clients.
Access and Retention of Data Controlled by our Clients:
- We acknowledge that you have the right to access your personal information. Emtrain has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to the Emtrain’s Client (the data controller). If requested to remove data we will respond within a reasonable timeframe.
We will retain personal data we process on behalf of our Clients for as long as needed to provide services to our Client. Emtrain will also retain this Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
16. Merger or Sale
If Emtrain, or some or all assets related to the Emtrain Services are acquired by or merged with a third-party entity or because of a contemplated change of ownership transaction, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from users as part of that merger, acquisition, sale, or other change of control event. In this event, you will be notified via email and/or a prominent notice on our website, of any change in ownership, uses of your Personal Information, and choices you may have regarding your Personal Information.
17. Contact Information