PRIVACY POLICY
  1. INTRODUCTION

    We, Conscience Information Technologies Inc., and its Affiliates (“Conscience”, “we”, “our”) are the proprietors of the website www.mylearnerjourney.com, (the “Website”) and product, namely MyLearnerJourney® (including all its components ), means a (software-as-a-service) experience app for learning designed and developed by Conscience as an extension for specific learning management systems and any other component(s) developed by Conscience including the enhancements (the “Product”). The Users are required to obtain a Subscription to the Product to use its services. The Website showcases our offerings. We offer various services through our Product.

    We respect data privacy rights and are committed to protecting personal information collected on the Website and as part of the Subscription. This privacy policy (“Privacy Policy”) sets forth how we collect, use, and protect the personal information collected on the Website and via the Product as part of the Subscription.

    PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY CLICKING “I AGREE” OR BY CONTINUING TO ACCESS THE WEBSITE AND OR SUBSCRIPTION, PROVIDING US PERSONAL INFORMATION, YOU CONSENT TO OUR USE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU MAY WITHDRAW YOUR CONSENT OR ALTERNATIVELY CHOOSE NOT TO PROVIDE YOUR PERSONAL INFORMATION. SUCH AN INTIMATION TO WITHDRAW YOUR CONSENT CAN BE PROVIDED BY EMAIL TO COMMUNICATION DETAILS MENTIONED BELOW. IF USER DOES NOT AGREE TO THIS PRIVACY POLICY, USER MAY NOT PROVIDE PERSONAL INFORMATION ON THE WEBSITE OR AVAIL THE SUBSCRIPTION.

    IF YOU ARE ACCESSING THE WEBSITE OR USING THE SUBSCRIPTION ON BEHALF OF YOUR ENTITY OR A THIRD PARTY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO USE THE WEBSITE OR AVAIL SUBSCRIPTION AND TO BIND SUCH THIRD-PARTY TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND, IN SUCH AN EVENT YOUR USE OF THE WEBSITE AND OR THE SUBSCRIPTION SHALL REFER TO USE BY SUCH THIRD PARTY. IF YOU DO NOT HAVE SUCH AN AUTHORITY (TO PROVIDE ANY PERSONAL INFORMATION OF YOUR ENTITY AND/OR A THIRD PARTY) OR DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, THEN YOU SHOULD REFRAIN FROM ACCESSING THE WEBSITE AND USING THE SUBSCRIPTION.

    This Privacy Policy is an electronic record in the form of an electronic contract being compliant and construed in accordance with the data protection laws of jurisdictions such as The Indian Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 under The Information Technology Act 2000 (“Privacy Rules”) that require publishing of privacy policy for the collection, use, storage and transfer of sensitive personal data, the UK Data Protection Law, , the applicable personal data protection laws and regulations of The United States of America (“US”), Australia, Canada and The European Union (“EU”) general data protection laws (“the GDPR”).

  2. DEFINITIONS
    1. “Visitor” shall mean individuals who visit the Website or may opt to share Personal Information to reach out to us.
    2. "Subscriber” shall mean the entity that uses the Services by availing Subscription to the Product.
    3. “Subscription” shall mean the fixed-term, non-exclusive, non-transferable, revocable, non-sublicensable and limited subscription to use and access the Product and its related services.
    4. “User(s)”, “you”, “your” shall mean and include an employee, customer, vendor, subcontractor, consultant, service provider, students, teachers, staff, or any permitted users of the Subscriber that use the Product to avail the Subscription and Visitors of the Website.
    5. “User Content” shall mean and include all data and material uploaded by the Users in the Product for use in connection with the Subscription, including but not limited to any course content in the Users Host LMS which the Product uses for visualization and identified usage and analytical data for the Permitted User roles supported by the Product.
    6. “UK Data Protection Law” means the UK GDPR, the United Kingdom Data Protection Act 2018, the Privacy and Electronic Communications Regulations, and any regulation superseding any of the foregoing.
  3. PERSONAL INFORMATION COLLECTED

    For purposes of this Privacy Policy, “Personal Information” means information that can be used to personally identify the User, including but not limited to the User’s name, mobile number, office or home phone number, email address, physical address and related relevant details, associated with the use of the Product.

    1. Personal Information collected on the Website- To get in touch with us through the chatbox, contact us section on our Website, related third-party websites, or to apply for a job with us, Users are required to provide their Personal Information.
    2. Personal Information collected to provide the Subscription- To avail the Subscription, User is required to complete the registration/subscription formalities. After completion of such formalities, including its validation and approval by Conscience, at its sole discretion, Conscience shall create an account for the User (“User Account”). During the registration process, for using the Product and for availing the services, User shall be required to share/upload certain Personal Information as requested.
    3. Social Media Platform- If you wish to subscribe to our blog, contact us through social media platforms such as LinkedIn, Facebook, Twitter etc. (“Social Media”), we may get access to your Personal Information on such Social Media (such as your name, company name, email id, and phone).
    4. Log Data- When you visit the Website or use the Product directly or through third party websites, whether you have signed-in or are just browsing the Website, our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your computer’s Internet Protocol ("IP") address, browser type or the webpage you were visiting before you came to our Website, pages of our Website and Subscription that you visit use, the time spent on those pages, information you search for on our Website, access times and dates, and other product performance and analytical data.
  4. ACCURACY OF INFORMATION

    User undertakes that he shall be solely responsible for the accuracy, correctness, or truthfulness of the Personal Information and User Content shared with us whether of its own or any third party. In the event the User is sharing any Personal Information and User on behalf of a third person, the User represents and warrants that he has the necessary authority to share such Personal Information with Conscience, obtained written consent from such third party and Conscience shall not be responsible for verifying the same. The User understands and acknowledges that such Personal Information shall be subject to the terms and conditions of this Privacy Policy.

  5. COOKIES

    Cookies- We use cookies and/or similar in-house and third-party tracking tools to track user traffic patterns. Tracking tools also used are beacons, tags and scripts to collect and track information and to improve and analyze our Website and our Product. You may choose to disable cookies through your browser settings. For more information, please refer to our Cookies Policy.

  6. PAYMENT INFORMATION

    You will pay for the Subscription through our Website, including the option to make payments via offline modes, as may be provided by Conscience, from time to time. We may collect certain information such as name and email address to process your request. You will be required to provide certain payment information directly to our payment processing partners, including but not limited to your name, credit/debit card related information. Our payment processing partners may access, store or collect your credit/debit card information for facilitating auto-renewals and/or recurring payments.

  7. USE OF PERSONAL INFORMATION

    We shall use the Personal Information collected from the Website and Product as follows:

    1. Personal Information provided by Users through the Website:
      1. To provide Users with a demo of our Product.
      2. To respond to inquiries pertaining to our Subscription and Product.
      3. To provide User information about any new offerings, special offers and other service and/or our periodic newsletter.
      4. To process job applications (if you apply for a position with us).
      5. To respond to general inquiries, including from media, corporations, industry bodies etc.
      6. For tracking User preferences for internal use and research
    2. Personal Information provided by Users of the Product:
      1. To provide User with the Subscription and to assist the User in the event the User needs any additional support.
      2. To assist User with technical difficulties that may arise in relation to User’s use and access of the Product.
      3. For business operations such as billing, identification, authentication, contact purposes, and general research.
      4. For enhancement and development of our Product and services offerings.
      5. To gather generic product, location, and other contributed information to make reports based on aggregate anonymized data, for internal use.
  8. LOCATION-BASED SERVICES

    Our services may contain functionality that enables us to access your location and offer services accordingly (“Location-Based Services”). Location-Based Services can be activated by enabling certain features of your mobile device (such as GPS, WiFi, or Bluetooth as the case may). To the extent, your location is collected through Wi-Fi or Bluetooth sensors, you agree that such sensors and data services may be provided by a third-party that may access such information for the purpose of providing such data services to us. You may enable or disable such Location-Based Services through the menu option. If you choose to disable any Location-Based Services and/or opt out of any Location-Based Services, you will not be able to utilize certain features of the services. By enabling Location-Based Services, you agree and acknowledge that (i) device data we collect from you is directly relevant to your use of the services, (ii) we may provide Location-Based Services based on your then-current location and use any such information collected in connection with the provision of Location-Based Services. You agree and acknowledge that location data may not always be accurate, and we disclaim all warranties related to Location-Based Services.

  9. DISCLOSURES
    We do not sell, rent, distribute, lease or otherwise provide your Personal Information to third parties, without your prior consent. However, in the course of providing access to the Product and the services we may share your Personal Information with certain parties. Accordingly, you expressly give your free consent to us to disclose or share your Personal Information in the following cases:

    Administrators: We may provide access to User’s Personal information to any of our authorized administrators for any internal business purpose, who shall be under confidentiality obligations towards the same.

    Service Providers: We may share your Personal Information with the service providers who work with us in connection with operating the Website and/ or the Product All such service providers are subject to stringent confidentiality restrictions consistent with this Privacy Policy.

    Merger or Acquisition: We may transfer the User’s Personal Information if we are acquired by or we acquire or merge with another company or transfer a part of our business, including the Product, to a third party. Any third party or resultant entity that receives the User’s Personal Information pursuant to a merger, demerger, amalgamation, reconstruction, change in control or business transfer shall have the right to continue to use User’s Personal Information. In the event of such a sale or transfer, we may notify the Users.

    Legal and Regulatory Authorities: We may in order to comply with our legal obligations/ court orders/ requests by Govt. authorities share Personal Information with legal and regulatory authorities.

  10. DATA RETENTION

    We will retain the Personal Information shared by the Visitors of the Website for the duration as required to be retained for responding to their inquiries and User’s Personal Information as long as it is required to be retained for the purpose of provision of the Subscription. We may also retain and use User’s Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

  11. INFORMATION FOR EU and UK VISITORS AND USERS
    Residents of the European Union (“EU”) and United Kingdom (“UK”) should note that this Privacy Policy has been updated in accordance with the requirements of the EU General Data Protection Regulation (the “GDPR”) and the UK Data Protection Law. As per the provisions of the GDPR and UK Data Protection Law we shall be considered the Controllers of the Personalinformation collected as a result of your use of the Website and the Processor for the Personal Information collected as a result of your use of the Subscription.
    1. Legal Basis (for EU residents and UK residents): We will not process your Personal Information without a lawful basis to do so. We will process your Personal Information only on the legal basis of consent, contract, or on the basis of our legitimate interests, provided that such interests are not overridden by your privacy rights and interests.
    2. Transfer of your personal information across borders (for EU and UK Residents): The Personal Information we collect (of EU and UK residents) might be processed outside the EU and UK. We collect and transfer Personal Information outside the EU and UK in accordance with the provisions of the GDPR and UK Data Protection Law. If you have questions, please contact [email protected].
    3. Your Rights (For EU and UK Residents)

      You can request us to exercise the following rights:

      1. to let you know what Personal Information belonging to youwe hold in our possession,
      2. withdraw consent at any time where we are relying on consent to process your Personal Information,
      3. right to have us rectify or modify any such Personal Information,
      4. right to have us erase/delete your Personal Information,
      5. right to restrict us from processing such Personal Information,
      6. right to object to our use of your Personal Information,
      7. you have the right to lodge a complaint with a data protection authority.
    4. UK residents have the right to make a complaint at any time to the Information Commissioner’s Office (“ICO”), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance. We may need to request specific information from you to help us confirm your identity or also contact you for further information in relation to your request. If you would like to exercise ANY of these rights, please contact [email protected].
    5. Governing Laws: For any EU and UK residents, this Privacy Policy shall be governed respectively by the provisions of the GDPR and UK Data Protection Law.
  12. INFORMATION FOR AUSTRALIAN VISITORS AND USERS
    1. Applicability of Privacy Act: We are bound by the Privacy Act 1988 (“Privacy Act”) and the Australian Privacy Principles (APPs) for Personal Information provided by Visitors from Australia on our Website.
    2. Transfer of your Personal Information outside of Australia: We will ensure that the transfer of Personal Information is as per the requirements of the Privacy Act.
    3. Inquiries and Complaints: If you have any concerns or complaints about our privacy practices or this Privacy Policy you may contact us at [email protected]. We will respond to your concerns/complaints within a reasonable period of time. If you are not satisfied with how your complaint has been addressed, you may escalate your complaint to the Office of the Australian Information Commissioner (OAIC) GPO Box 5218 Sydney NSW 2001.
  13. INFORMATION FOR CANADA VISITORS AND USERS
    1. Applicability of PIPEDA: This Privacy Policy is subject to the Canada Personal Information Protection and Electronic Documents Act (the “PIPEDA”).
    2. Accuracy of Personal Information: We will take reasonable efforts to ensure that Personal Information collected by us or on our behalf is accurate and complete.
    3. Withdrawal of Consent: As per the PIPEDA upon reasonable notice given by you about the withdrawal of your consent given with respect to the collection, use or disclosure of Personal Information, We will inform you of the likely consequences of withdrawing this consent and will cease (and cause any of our data intermediaries and agents to cease) collecting, using or disclosing the Personal Information, unless it is required or authorized under applicable laws.
    4. Transfer of your Personal Information outside of Canada: We will ensure that the transfer of Personal Information is as per the requirements of PIPEDA.
  14. FERPA

    This section provides information on our practices in relation to compliance with the Family Educational Rights and Privacy Act of 1974 (FERPA).

    K12 schools, school districts, educational agency and higher educational institutions together referred to as (the “Educational Institutes") are authorized to share student data including education records (“Students Records”) with Conscience under 34 CFR Part 99 (Subpart D section 99.31) of FERPA. Conscience may access Students Records to provide the services. The Educational Institutes own such Students Records and shall be responsible for sharing Students Records with Conscience.

    To the extent permitted by applicable law, Conscience will comply with the request received from the Educational Institutes for deletion/amendment of Students Records including personally identifiable information.

    We do not disclose Student Records for targeted advertising purposes. We do not sell Student Records to third parties for any purposes.

    We have implemented encryption mechanisms and access controls to encrypt Students Records and personally identifiable information.

  15. Children's Privacy
    Collection of Children's Personal Information

    Any information pertaining to children including their Personal Information received by us from the Subscriber shall be used for providing the Subscription and not for any commercial use.

  16. CHOICE AND OPT-OUT

    We may send you communications including but not limited to (a) notices about your use of Subscriptionand Website, including those concerning violations of use, (b) updates, (c) promotional information regarding our offerings, and (d) newsletters. You may opt-out of receiving promotional emails and newsletters from us by following the unsubscribe instructions provided in those emails. Alternatively, you can opt-out, at any time, by emailing [email protected] with your specific request.

  17. SECURITY

    User’s Personal Information including User Content is stored on Users systems and on third party cloud servers. Personal Information shared by the visitors of the Website is stored on third party cloud servers. The Product is built using the IMS Security Framework specifications, that include improved security based on OAuth2 and JSON Web Tokens. The Product is a LTI Tool Provider which consumes data from the host LMS API and custom APIs exposed only to the Product from the Product LMS plugin securely using LTI security (viz. JWT). The Product does not store any data outside the host LMS database and servers, and only dynamically displays the UI and data on run-time based on the data fetched from the APIs.

    Although we provide appropriate firewalls and protections, we cannot warrant the security of any Personal Information transmitted as our systems are not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible, and we will take necessary measures to mitigate such events.
    User is responsible for all the actions that take place under the User Account. If User chooses to share User Account details and password or any Personal Information with third parties, the User is solely responsible for the same. If User loses control of the User Account, User may lose substantial control over its Personal Information and may be subject to legally binding actions. It is User’s responsibility to keep User’s password confidential and secure.

  18. ACCESSING MODIFYING AND DELETION OF PERSONAL INFORMATION

    In case a User that avails our Subscriptionneeds to access, review,delete and/or make changes to the Personal Information including User Content, User may do so by requesting the User’s admin on his User Account. Users of the Website may contact us at [email protected] if they wish to modify the Personal Information provided to us through the Website and/or the Product. Depending on the nature of your request, we may ask you to complete a Personal Information request form or seek certain details to verify the request. In certain cases, we may charge a fee for this service, but we will inform you at the time. All requests for Personal Information will be handled within a reasonable period of time.

  19. LINKS TO OTHER WEBSITES

    Our Website may contain links to other websites of your interest. Please note that we do not have any control over such other websites, and you will be accessing these websites at your own risk. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such websites/applications and those are not governed by this Privacy Policy. You should exercise caution and look at the privacy policy applicable to such websites.

  20. LIMITATION OF LIABILITY

    USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE CONSCIENCE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, INFORMATION, DETAILS OR OTHER INTANGIBLE LOSSES (EVEN IF CONSCIENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF THIS PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.

  21. INDEMNIFICATION

    User agrees to indemnify us, our subsidiaries, affiliates, officers, agents and employees (each, an “Indemnified Party”) and hold the Indemnified Party harmless from and against any claims and demand, including reasonable attorneys' fees, made by any third party due to or arising out of or relating to: (i) accuracy and correctness of Personal Information and User Content that User submits or shares through the Website and through the Subscription and (ii) User’s and its Permitted User’s violation of this Privacy Policy and applicable laws.

  22. GOVERNING LAWS AND DISPUTE RESOLUTION

    This Privacy Policy shall be construed governed and construed in accordance with the laws of the state of New Jersey, USA. The Parties shall endeavour to first amicably resolve any dispute or claim arising between the Parties under this Privacy Policy by mutual negotiations. In case of failure to amicably settle the dispute or the claim within 30 days of one Party notifying in writing to the other Party of the dispute or the claim, the dispute or the claim shall be referred to arbitration and finally settled by a sole arbitrator who shall be mutually appointed by the Parties in accordance with the rules of the International Chamber of Commerce, as amended from time to time. The seat and place of arbitration shall be New Jersey, USA and the language of arbitration shall be English. The proceedings of such arbitration may be conducted with the Parties being present either physically or virtually. Each Party will bear and pay professional charges for their respective advocates and consultants, if any. The Privacy Policy shall not be governed by the conflict of law rules of any jurisdiction, the application of which is expressly excluded. If any action is pursued to enforce the terms of the Privacy Policy, the prevailing Party shall be entitled to reasonable attorneys’ fees and costs and any other relief to which such Party may be entitled. In addition, the User agrees that it will only be permitted to pursue claims against Conscience on an individual basis, and not in any class or representative proceeding; and the User is waiving its right to seek relief in a court of law and to have a jury trial on the User’s or the Permitter User’s claims.

  23. CHANGES TO THIS POLICY

    Please revisit this page periodically to stay aware of any changes to this Privacy Policy, which we may update from time to time. If we modify this Privacy Policy, we will make it available through the Website and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change via email or through our Website.

    This Privacy Policy was last modified on 04th September 2023.

  24. CONTACT US

    If you have any questions or concerns or grievances regarding this Privacy Policy, or wish to withdraw your consent in relation to the processing of your Personal Information, you can email us at our grievance email address [email protected].

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