Last updated 13 July 2023
Thank you for choosing to be part of our community at Avocademy ("Company", "we", "us", "our"). We are committed to protecting your information and your right to privacy. If you have any questions or concerns about this privacy notice, or our practices with regards to your information, please contact us at [email protected].
When you visit our website https://www.avocademy.com or any of its subdomains, web pages and websites associated herewith(the "Website"), and more generally, use any of our services that are available on the Website (the "Services", which include the use of the Website), we appreciate that you are trusting us with your information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.
This privacy notice, together with our Terms of Service and any other agreement between us, applies to all information collected through our Services (which, as described above, includes our Website), as well as, any information collected in relation to our services, sales, marketing or events.
Please read this privacy notice carefully as it will help you understand what we do with the information that we collect.
TABLE OF CONTENTS
- WHAT INFORMATION DO WE COLLECT AND HOW DO WE COLLECT IT?
- HOW DO WE USE YOUR INFORMATION?
- WILL YOUR INFORMATION BE SHARED WITH ANYONE?
- HOW LONG DO WE KEEP YOUR INFORMATION?
- HOW DO WE KEEP YOUR INFORMATION SAFE?
- DO WE COLLECT INFORMATION FROM MINORS?
- AVOCADEMY AND THE GDPR
- CONTROLS FOR DO-NOT-TRACK FEATURES
- AVOCADEMY AND US STATE LAWS
- INTERNATIONAL DATA TRANSFERS
- DO WE MAKE UPDATES TO THIS NOTICE?
- HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
- HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
1. WHAT INFORMATION DO WE COLLECT AND HOW DO WE COLLECT IT?
In Short: We collect the following types of information from or about you on or in connection with the Services:
We collect personal information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked to you, such as your name, email address, telephone number, social security number, financial information, records of purchases or consuming histories, internet network activity such as browsing and search history and information regarding interaction with websites or interactions, geolocation data, information regarding interaction with a website, audio, electronic, or visual information, professional or employment-related information, education information, education information and inferences drawn from information to create a profile about your preferences (“Personal Information”). Personal Information does not include information that is aggregated, deidentified, legally publicly available, or information that cannot be reasonably linked to you. Personal Information may be voluntarily provided by you to us or a representative or a partner of ours when you express an interest in obtaining information about us or our products and Services, when you participate in activities on the Website (such as by posting messages in our online forums or entering competitions, contests or giveaways) or otherwise when you contact us. Personal Information that we collect depends on the context of your interactions with us and the Website, the choices you make and the products and features you use.
We collect Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. Payment processes will have their own privacy notice links on their websites.
We collect non-personal information. All other information other than Personal Information which does not personally identify you (“Non-Personal Information”, together with Personal Information shall collectively referred to herein as “information”).
All information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such information.
We collect information in multiple ways:
Information You Give Us or Give Us Permission to Obtain
- Registration Information. Information you submit to register for the Services, including, without limitation, in order to create your account. This includes a valid email address, your first and last name, a username and may include your profile picture. You may modify this information via your account settings.
- Necessary Information to Apply for and Purchase Programs and other Services. Information you provide to apply for and purchase our programs on our Website or to receive financial aid, including education and professional experience and billing and payment information (which may include billing contact name, address, telephone number, social security number, birth date, credit card number, photo identification, and bank account information).
- Necessary Information to Use Other Features. In order to participate in and/or use certain features and functionality of the Services, such as interactive and community features, message and comment functionality, posting and other functionality (which may, in certain instances, be subject to additional terms and requirements, which will determine who can see such Information), you may be asked to provide certain information about yourself and provide additional consent in order to personalize and/or allow you to use these features and functions.
- Third Party Services. When you connect a Third Party Service (Facebook, Google, LinkedIn, etc.) to the Services or enable functionality from Third Party Services as part of your use of the Services, we may receive information from the applicable provider of the Third Party Service that you have consented to be disclosed pursuant to its terms and conditions, whether made available via an application programming interface or otherwise, as well as other Information about you or your use of the Services within that Third Party Service. Such functionality may also perform actions on your behalf on the Third Party Service that are known to the Third Party Service or others. Even if you delete your account on a Third Party Service, we will retain any Information provided by that Third Party Service. Similarly, if you delete or deactivate your account on the Services, any Information that we have disclosed with Third Party Services (in accordance with this privacy notice) may be retained by those Third Party Services subject to their privacy policies.
- Service Providers, Partners, and other Third Parties. We may also obtain information from service providers, educational institutions who may engage in partnerships with us, and employers, other third parties, and publicly available sources, which may be combined with other information we have collected.
- We may also gather demographic information including gender, race, ethnicity, and other information for various reasons including marketing and diversity initiatives.
- Necessary Information for Our Communications with You. The Services may present you with the opportunity to sign up to receive newsletters, email correspondence, communication with mobile devices via SMS and/or other communications from us in order for us to provide up-to-date information about the Services including promotions.
- Support Information. Information you provide to us when you contact us for technical, operational, or other support, or otherwise provide any comments or feedback to us.
Automatically Collected Information
We may automatically collect certain Information about your equipment, browsing actions and other patterns by using certain automatic data collection technologies when you visit, access and/or interact with the Services, including:
Log Files. When you use the Services, our servers automatically collect certain Information including Information that your browser and/or the device that you access and/or use the Services on, including but not limited to a computer, cellphone, or digital tablet (“Device”) sends whenever you visit a website and/or use the applicable Device. Such Information may include your IP address, browser type and settings, and other usage data.
Information about Your Device. We may also collect Information about your Device, including what type of Device it is, unique Device identifiers, and other data provided by your applicable third party service provider and/or Device manufacturer. You should read the policies of such third parties in order to learn more about what Information your Device makes available.
Other Non-Personal Information. Other Non-Personal Information related to your use of the Services, including usage, traffic data and other communication data and resources that you access when you interact with the Services.
2. HOW DO WE USE YOUR INFORMATION?
In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.
We use your information to operate, provide and improve the Services (and all features of the Services) that we offer you. These purposes include: We process your information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
- To provide the Services. We use your information to administer applications, enrollment, registration, and financial services, including but not limited to, reviewing and processing applications and registrations, verifying the information you provide us, determining your admissibility, registering you for programs offered, contacting you in relation to your student status, providing financial services related to program payments and financial aid applications, maintaining student records, maintaining your account, processing payments, facilitating communications and collaboration with you and our partners, and for other related purposes.
- To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.
- To post testimonials. We post testimonials on our Website that may contain information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at [email protected] and be sure to include your name, testimonial location, and contact information.
- Request feedback. We may use your information to request feedback and to contact you about your use of our Website.
- To enable user-to-user communications. We may use your information to enable user-to-user communications with each user's consent.
- To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.
- To send administrative information to you. We may use your information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
- To protect our Services. We may use your information as part of our efforts to keep our Website safe and secure (for example, for fraud monitoring and prevention).
- To enforce our terms, conditions and policies for business purposes. We may use your information to comply with legal and regulatory requirements or in connection with our contract.
- To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
- Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Website.
- Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in our competitions.
- To deliver and facilitate delivery of services to the user. We may use your information to provide you with the requested service.
- To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
- To send you marketing and promotional communications. We and/or our third-party marketing partners may use the information you send to us for our marketing purposes, if this is in accordance with your marketing preferences and as outlined in our Terms of Service. For example, when expressing an interest in obtaining information about us or our Website, subscribing to marketing or otherwise contacting us, we will collect information from you. You can opt-out of our marketing emails at any time by contacting us on the details provided below.
- Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.
We do not sell your information to third parties. We may process or share your information that we hold to third parties, including, without limitation as follows:
- Personnel and Partners. We may disclose your information to our staff, volunteers, contractors and other partners and affiliates for the purposes described in this privacy notice. Service Providers. We may disclose your Information with service providers, contractors, and other third parties to allow them to assist us in providing and managing the Services. Examples include fulfilling orders for programs or Services, creating and delivering programs to users, sending postal mail or email, sending SMS messaging, analyzing data, providing marketing assistance, providing search results and links, processing payments and loans, transmitting content, scoring, assessing and managing credit risk, and providing customer service. These service providers have access to information needed to perform their functions, but may not use it for other purposes. They will process your information in accordance with their own privacy policies. Business Partners. We may disclose your Information with business partners to permit them to send you marketing communications consistent with your choices and preferences.
- Legal Obligations. We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
- Vital Interests. We may disclose your information where we have a good faith belief that such disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of our Company and their respective employees, agents and contractors (including enforcement of our agreements); and to (ii) protect the safety, privacy, and security of users of the Services or members of the public.
- Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
4. HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.
We will only keep your information for as long as it is necessary to provide you with Services or for other purposes as described in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this privacy notice (other than as may be required by law) will require us keeping your information for longer than 1 year.
When we have no ongoing legitimate business need to process your information, we will either delete or anonymize such information, or, if this is not possible (for example, because your information has been stored in backup archives), then we will securely store your information and isolate it from any further processing until deletion is possible.
5. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your information through a system of organizational and technical security measures.
We have implemented appropriate technical and organizational security measures designed to protect the security of any information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your information, transmission of information to and from our Website is at your own risk. You should only access the Website within a secure environment.
6. DO WE COLLECT INFORMATION FROM MINORS?
In Short: We do not knowingly collect data from or market to children under 18 years of age.
We do not knowingly solicit data from or market to children under 18 years of age. By using the Website, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Website. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at [email protected].
7. AVOCADEMY AND THE GDPR
In Short: You may review, change, or terminate your account at any time.
Your rights as a data subject
You as a data subject have many possibilities to impact how your information is being processed. You can:
- Request access to your information we process
- Withdraw your consent if our use of your information is based on consent
- Request that your information be deleted or for you to be forgotten (right to erasure)
- Request that we correct or change your information. As a user of our Services, you may also do this by logging into your account
- Limit, restrict or object to our use of your information
- Access your information and/or receive it in a machine readable format
- Subject tto applicable law, lodge a complaint with your local data protection authority.
Please note that if you request to remove your information, we may retain some of the information for specific reasons, such as to resolve disputes, troubleshoot problems and as required by law. Furthermore, information is never completely removed from our databases due to technical constraints and the fact that we regularly back up our systems. Therefore, not all of your information will be completely removed from our databases.
Identity and Contact Details of the Data Controller
If you have questions about this privacy notice or the use of your information, you are always welcome to contact us at the details set out below.
8. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
9. USER RIGHTS
We strive to provide you with the ability to access, review, correct, update, suppress, or otherwise limit our use of the information you have previously provided directly to us, including:
- Via Your Account Settings. If you have registered with us, you may have the ability to access and use certain features and functionality that provide you with the ability to set certain privacy, permissions, and account options. Please be aware that if you limit the collection of certain information, you may not be able to use all of the features and functionality of the Services.
- Via Email/Mail. You may also contact us by email or mail using the contact information under the “Contact Us” heading below. In your request, please specify clearly what information you would like to access, change, update, suppress, or delete.
Additionally, you may opt-out of:
- Electronic Communications From Us. If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out of receiving these marketing-related emails by (a) contacting us via email in accordance with the procedure set forth above, and/or (b) using the opt-out mechanism that is contained in each such email. Please note that there are certain service notification emails that you may not opt-out of, such as notifications of changes to the Services or policies and emails related to the programs and Services you are involved in.
- SMS messaging. You may terminate SMS messaging by replying “STOP”. SMS messaging will be terminated promptly unless you provide subsequent consent to receive messages.
- Third Party Marketing Purposes. You may request that we do not disclose your information on a going-forward basis with third parties for their direct marketing purposes by contacting us via email in accordance with the procedure set forth above.
For any of the foregoing requests, we may request certain information to verify your identity. For all requests, we will strive to respond as soon as reasonably practicable.
10. AVOCADEMY AND US STATE LAWS
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your information.
Under the California Consumer Privacy Act as amended by the California Privacy Rights Act (the “CCPA”), California residents have additional rights to what is set out in this privacy notice which impact how your information is being processed:
As described in this privacy notice, we collect various types of information about you in order to fulfill specific business purposes, including for performance of business operations, management and administration, and legal and regulatory compliance. We do not use your information for commercial purposes.
Subject to exceptions detailed in the CCPA, as a California resident, you have the right to request: (i) deletion of your information, (ii) correction of inaccurate information (iii) to know / access the categories of information that we collect about you, including the specific pieces of information; and (v) to know the categories of information disclosed for a business purpose.
Submitting a request
You may ask us to disclose certain information to you about our collection and use of your information over the past 12 months. Once we receive and confirm your identity as a user of our Service, we can disclose that information to you. You may also make a request to have that information erased or deleted.
You may make these requests by contacting us at the details set out below or you may call us at (786) 946-1286, during regular business hours in California. If no one picks up, we are probably busy with another user, so please leave a message with your name, query and contact number for us to return your call.
You may make a request for your information twice every twice every 12 months. If you are making an erasure request, it will help us if you include details of the information you would like erased. We may need to ask for additional information to fully identify you. If we can’t identify you, we may not be able to erase your information.
Please note that if you request that we remove your information, we may retain some of the information for specific reasons, such as to resolve disputes, troubleshoot problems, and as required by law.
Furthermore, some information is never completely removed from our databases due to technical constraints and the fact that we regularly back up our systems. Therefore, not all of your information will be completely removed from our databases.
We will respond to you on these requests as quickly as received your note but it may take us up to 45 days. If we need more time than that, we will let you know.
We will not discriminate against you for submitting a right request.
Virginia, Colorado, Connecticut or Utah Residents
As residents of the above-named states, you also have rights under each of the following laws:
- The Virginia Consumer Data Privacy Act and any regulations, amendments and/or updates thereto;
- The Colorado Data Privacy Act and any regulations, amendments and/or updates thereto;
- The Connecticut Act Concerning Personal Data Privacy and Online Monitoring and any regulations, amendments and/or updates thereto; and
- The Utah Consumer Privacy Act and any regulations, amendments and/or updates thereto,
As a user of our Services, you can request that we provide you information to:
- Conduct and document data protection assessments about us;
- Ask us to demonstrate our compliance with our obligations under each of the state laws above named (to the extent we have determined they are applicable);
- Request that we implement appropriate technical and organizational measures and to assist you in the event of a data security and/or data breach notification.
We maintain a current list of our business sub-processors:
- Sub-Processor: Kajabi
- Purpose: Kajabi is an online platform that enables users to create, market, and sell digital products and online courses.
- Sub-Processor: KEAP
- Purpose: KEAP provides small business CRM and marketing automation software to help manage customer relationships and streamline marketing efforts.
- Sub-Processor: Leif
- Purpose: Leif offers income share agreements (ISAs) to finance education and training programs, allowing students to pay for their education based on future income.
- Sub-Processor: Stripe
- Purpose: Stripe is a payment processing platform that allows businesses to accept payments online securely and efficiently.
- Sub-Processor: Shopify
- Purpose: Shopify is an e-commerce platform that enables businesses to set up and manage online stores to sell products and services.
- Sub-Processor: Knoma
- Purpose: Knoma is a platform that provides funding solutions for lifelong learners, allowing them to access loans for educational expenses.
- Sub-Processor: Google Drive
- Purpose: Google Drive is a cloud storage and file synchronization service provided by Google, allowing users to store and access files, documents, and media from anywhere with an internet connection.
- Sub-Processor: Shopify
- Purpose: Shopify is an e-commerce platform that enables businesses to set up and manage online stores to sell products and services.
- Sub-Processor: MixPanel
- Purpose: MixPanel is an analytics platform that provides insights into user behavior and interactions with digital products and services, helping businesses understand and optimize their customer experiences.
- Sub-Processor: Triple Whale
- Purpose: Triple Whale is used to manage and automate analytics, attribution, merchandising, forecasting and more.
- Sub-Processor: WizeBank
- Purpose: WizeBank offers financial services and solutions to individuals and businesses, such as banking products and lending options.
- Sub-Processor: Loom
- Purpose: Loom is a video messaging platform that allows users to record, share, and communicate through short videos, making it easy to convey information and collaborate with others visually.
- Sub-Processor: AirTable
- Purpose: AirTable is a cloud-based collaboration platform that combines the functionality of a spreadsheet and database for organizing and managing data.
- Sub-Processor: JustCall
- Purpose: JustCall is a cloud-based phone system that provides businesses with virtual phone numbers and calling solutions for improved customer communication.
- Sub-Processor: Calendly
- Purpose: Calendly is a scheduling software that simplifies appointment bookings and helps users manage their calendars more efficiently.
- Sub-Processor: DropBox Sign
- Purpose: DropboxSign is an eSignature platform that allows users to sign, send, and manage legally binding documents electronically, streamlining the signing process and eliminating the need for physical signatures.
- Sub-Processor: Slack
- Purpose: Slack is a communication platform designed for teams to collaborate, share files, and communicate in real-time through channels and direct messages.
- Sub-Processor: Zapier
- Purpose: Zapier is a web automation tool that allows users to connect various apps and automate workflows, enabling seamless data transfer and task automation between different applications without the need for coding.
- Sub-Processor: Zendesk
- Purpose: Zendesk offers customer support and service software to help businesses manage customer inquiries and provide efficient support.
- Sub-Processor: Figma
- Purpose: Figma is a collaborative design platform that allows teams to create, prototype, and share user interfaces and designs in real-time.
- Sub-Processor: Monday
- Purpose: Monday (previously known as "monday.com") is a work operating system that helps teams manage projects, tasks, and workflows in a visual and customizable manner, improving team collaboration and productivity.
- Sub-Processor: HubSpot
- Purpose: HubSpot is a software product used for inbound marketing, sales, and customer service.
11. INTERNATIONAL DATA TRANSFERS
We operate and may process information in multiple jurisdictions, service providers, and other third parties may be located or process information outside of the jurisdiction in which you reside. In such cases, your information may be collected, used, disclosed, stored, and processed in these other jurisdictions for the purposes described in this privacy notice. The data protection and other laws of the United States might differ from your jurisdiction. In addition, your information may be subject to the laws of those other jurisdictions, including lawful requirements to disclose information to government authorities. We are committed to your privacy rights and if you want to know what we are doing to comply with rights that may be applicable to you, please contact us as the details set out below.
To the extent information including information from the EU and EEA is transferred outside of those jurisdictions by your use of the Services, we will adopt standard contractual clauses or other means pertaining to data protection approved in your country or region, and transfer the information to a third country according to the requirements of applicable laws.
12. DO WE MAKE UPDATES TO THIS NOTICE?
In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.
We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification using the most recent information provided to us by you. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.
13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this notice, you may contact our Data Protection Officer (DPO), Alexandra Amico, by email at [email protected], by phone at (786) 946-1286, or by post to:
2125 Biscayne Blvd
Miami, FL 33137
14. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your information, please submit a request by emailing [email protected].