Last modified on December 4, 2018.

Emtrain® Privacy Policy

1. Introduction

This Privacy Policy applies to your use of Emtrain’s services (the “Emtrain Services””). Emtrain values the privacy of users who visit and use the Emtrain Services (collectively or individually, “you” or “users”) and wants you to be familiar with how we collect, use, and disclose personal information from and about you (“Personal Information”).

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.

By agreeing to this Privacy Policy in your Emtrain account setup, or by using the Emtrain Services, you expressly consent to the information handling practices described in this Privacy Policy.

We understand that you care about your own personal privacy, and we take that seriously. This Privacy Statement describes Emtrain’s policies and practices regarding its collection and use of your personal data. We recognize that information privacy is an ongoing responsibility, and so we will from time to time update this Privacy Policy as we undertake new personal data practices or adopt new privacy policies.

Emtrain also collects information under the direction of its Clients. If you are an employee of one of our Clients, please contact your employer directly for their Privacy Policy governing the information that is collected about their employees.

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 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.

We use this information to help us design our site to better suit our users’ needs. We may also use your IP address to help diagnose problems with our server and to administer our website, analyze trends, track visitor movements, and gather broad demographic information that assists us in identifying visitor preferences. The Emtrain website also uses cookies and web beacons. It does not track users when they cross to third party websites, does not provide targeted advertising to them, and therefore does not respond to Do Not Track (DNT) signals.

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.

3. Cookies

Emtrain and its partners use cookies or similar technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. Cookies are text files that a site or its service provider transfers to your computer’s hard drive through your Web browser that enable the site’s or service provider’s systems to recognize your browser and capture and remember certain information.

For instance, we use cookies to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. For example, we may use Cookies to personalize your experience using the Emtrain Services.

Cookies alone do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us by, for example, registering with Emtrain. However, once you choose to furnish Emtrain with personally identifiable information, that information may be linked to the data stored in the cookie. You can choose not to receive a cookie file by directing your Web browser to refuse Cookies or to prompt you before accepting a cookie.

We partner with a third party to manage our advertising. Our third party partner may use cookies or similar technologies in order to provide you advertising based upon your browsing activities and interests. If you wish to opt out of interest-based advertising click here [or if located in the European Union click here]. Please note you will continue to receive generic ads.

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.

5. Choice

You may decline to share certain information with Emtrain, in which case Emtrain may not be able to provide to you some of the features and functionality found on the Emtrain Services. If you have created a Emtrain Services account, then you can update your profile information and preferences or disable your account by logging in and going to the “Settings” page. If you close your account, Emtrain may retain other information about you for the activities described in this Privacy Policy, or as permitted or required by applicable law.

To protect your privacy and security, we may take steps to verify your identity before granting you access or making corrections to your information. You are responsible for maintaining the secrecy of your password and account information.

6. Data Protection and Security

Emtrain uses a variety of managerial, technical, and physical measures to protect the integrity and security of your 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 support@emtrain.com.

7. Non-Personal / Aggregated Data

In addition to any Personal Information you may voluntarily provide to us, the Emtrain Services also collect general information regarding visitors and users as it relates to their use of the Emtrain Services (“Aggregated Data”). This information is collected automatically each time a user navigates the Emtrain website. The term Aggregated Data includes such information as traffic patterns, number, frequency and duration of visits to certain pages, visits from other web sites or to third-party web sites linked to the Emtrain website, use of particular services and interest in services, information or features of the Emtrain Services made available through or found through the Emtrain Services. This information is anonymous and is useful for improving the content and navigational tools of our web site. Aggregated Data may also include information or data obtained from you or other sources which has been combined with or compiled from other information or data in such a manner to no longer be personally identifiable or linked to an individual. Aggregated Data is not considered Personal Information for the purposes of this Privacy Policy.

8. When We Disclose and Share Information

Emtrain does not share information that can identify you personally with third parties for their marketing or promotional uses without your consent. We may share such information for the following purposes:

We may disclose such information to service providers working on our behalf, such as, to: provide website hosting, maintenance, and security services; conduct data analysis and create reports; offer certain functionality; or assist Emtrain in improving the Emtrain Services and creating new services and features. We require that these parties process such information in compliance with this Privacy Policy, we authorize them to use the information only for the purposes for which it is provided to them, and we require them to use reasonable confidentiality measures.

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.

We do not sell, trade, or otherwise transfer to outside parties your Personal Information.

9. Third Party Services and Websites

The Emtrain Services may link to third-party websites or services. The privacy practices of those third parties are not governed by this Privacy Policy. We encourage you to review the privacy policies of these third-party websites and services to understand their practices.

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 the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. Emtrain does not currently disclose personal information to third parties for their direct marketing purposes.

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 using the information provided in the Contact Information section below.

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. Children’s Privacy

IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE Emtrain SERVICES AT ANY TIME OR IN ANY MANNER.

Protecting the privacy of young children is especially important. For that reason, Emtrain does not knowingly collect or maintain personal information from persons under 13 years of age. If Emtrain learns that personal information of persons under 13 years of age has been collected on or through the Emtrain Services, Emtrain will take appropriate steps to delete this information.

If you are the parent or legal guardian of a child under 13 who has become a Emtrain Services member, then please contact Emtrain at support@emtrain.com to have that child’s account terminated and personal information deleted.

15. 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, Company 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 support@emtrain.com 

Emtrain has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) with regard to unresolved Privacy Shield complaints concerning human resources data transferred from the EU in the context of the employment relationship.

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.

16. 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 retain this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

17. 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.

18. Contact Information

Please direct any questions or comments about this Privacy Policy to Emtrain’s Data Privacy Officer, Heather Jerrehian, at 2018 19th Street, Sacramento, CA 95818 or by email to hjerrehian@emtrain.com. We will respond to your inquiry within 30 days of its receipt. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

19. Contact Information

Emtrain reserves the right to change, modify, add, or remove portions of this Privacy Policy at any time (for example to reflect updates to the Emtrain Services or to reflect changes in the law). If Emtrain makes any material changes to this Privacy Policy, we will provide you notice of these changes, such as by sending an email, posting a notice on the Emtrain Services, or updating the “Last Updated” date above. Please check this Privacy Policy periodically for those changes. Your continued use of the Emtrain Services after the posting of changes constitutes your binding acceptance of such changes.