Privacy Policy

This is the Privacy Policy (the “Policy”) for Brighterly (collectively referred to as “Brighterly”, the “Service”, the “Website”, “we”, “us”, “our”).

Data controller: BRIGHT TRACK CORP, Suite 1414, Farmers Bank Building, 301 North Market Street, Wilmington, Delaware, 19801 will be the controller of your personal data.

This Policy explains how Brighterly handles certain information, including your personal information, when you visit, use or anyhow interact with the Service. It also describes certain legal rights you may have, subject to applicable law, and how you can exercise them.

By accessing, using the Service, submitting your personal information to us or otherwise interacting with Brighterly you agree to any processing and transfer of your personal information in accordance with this Policy. Please be sure to carefully read the entirety of this Policy when using the Service.

For the purposes of this Policy, “personal information” and/or “personal data” refers to data about identified or identifiable individuals (such as their name, mobile phone number, email address etc.); it may also include, where required by applicable law, the scope of the definition provided therein, e.g., as per the: 1) relevant U.S. federal or state legislation; and/or 2) the European Union’s law.

NOTE ON MINORS:  In order to register at the Service, you must be over the age of 18.  By registering with Brighterly and thus becoming a user, you represent that you are not a minor. If you are a parent, guardian or legal representative and think your child under the age of 13 (or a higher age threshold where applicable) has given us personal information without your consent, please contact us at: [email protected].

1. Information we collect

1.1. Information collected automatically when you access and/or use Brighterly

  1. Data about how you found us. We collect data about your referring URL (that is, the place on the Web where you were when you tapped on our ad).
  2. Cookies and other similar technologies. We may send cookies to your devices to identify you when you use the Website, to ensure functionality of the Website, to allow the system to remember whether you are logged in, and to prevent fraud. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. You can control cookies through your browser settings. If you have any questions about our use of сookies, please email us at: [email protected].
  3. Browser and Device data. We collect data from or about the devices from which you access the Service, depending on the permissions you’ve granted. We may associate the data we collect from your different devices, which helps us provide consistent services across your devices. Examples of such data include: language settings, IP address, location, time zone, type and model of a device, device settings, operating system, browser type.
  4. Transaction data. When you make payments through the Service, you may be required to provide to our third-party service providers your financial account data, such as your payment card information, and billing address. We do not collect or store full financial account data, though we may receive related data and data about the transaction, including: date, time and amount of the transaction, and the type of payment method used.
  5. Student activity data. We may record the information from Users’ profiles on the interaction with our Service. For example, we log the features, and content accessed, how often the Service is used, etc.
  6. Information from tutors. We may collect information about Users and/or Students from our tutors, such as lessons summary, tutor’s feedback, etc.
  7. Other Users.  We may collect information about you from another User, if they provide us, inter alia, with your email address, phone number extend an invitation to join Brighterly.

1.2. Information that you provide to us directly

When you register for and/or use the Service, you may provide us the following personal information:

  • Profile information. This includes your first and last name, email address, phone number, ZIP code, and time zone, as well as your child’s name, grade, performance assessment at school and any other information about your child that you believe is relevant for us to know. If you choose to purchase classes, we require that you provide us, or our third-party payment processor, with your name, payment card information, and billing address.
  • Information collected during online classes. While only an adult may register an account with Brighterly and become a user (the “User”), under their supervision a minor (the “Minor” and/or the “Student”) may also benefit from the content offered by the Service. The content consists of the online classes made available through the Service (the “Content”). To enable our online classes, we use third-party services to facilitate interactions between students and tutors, including streaming video and audio feed, chat interaction, etc. Certain information may be captured incidentally, including participants’ image, voice, movements, physical environment, and any other information provided during the class. As a standard practice, we do not retain this information.
  • Only subject to the User’s active consent we may retain the recording of the online classes. The consent neither has an impact on the services provided, their price, nor foresees any other limitations. We do not disclose and/or share this information, except for with the tutors for the improvement of the provided services and your future learning experience. You have the right to revoke your consent at any time and/or access the recordings of the classes. You can reach out to us at: [email protected] with the respective request. Rest assured, we prioritize the responsible handling of the data we collect, including class recordings, and ensure that this information is stored securely.
  • Information collected when contacting Brighterly.  When you contact us by email; through our branded social media accounts; through any integrated chat providers we may offer, or by telephone, SMS, or physical mail, we may collect your name, username, email address, mobile phone number, physical address, the contents of your communication and/or any other information you choose to provide.

2. How the collected information is used

The collected information is used to:

provide you with the services;
provide you customer service and support;
improve your learning experience;
identify and rectify errors in our system;
research and analyze your use of the Service;
send you marketing communications (if any);
customize the Service for you;personalize our ads;
process your payments;
comply with legal obligations;
communicate with you regarding your use of our Service;
enforce our Terms of Service and to prevent, detect, investigate, and resolve disputes and/or remediate malicious activities, fraud, other cybercrimes, take legally-required actions, avoid the creation of fake accounts.

3. Telephone Calls and Text Messages

Communications from Brighterly, including its agents, representatives, affiliates, or business partners, may include but are not limited to: operational communications concerning your account or use of the Website including account verification, lesson booking confirmations, message notifications, updates concerning new and existing features of the Service, marketing information and promotions run by us, our agents, representatives, affiliates, or business partners, any news concerning Brighterly and any other purposes related to the Service or required to enforce our Terms of Service and/or this Policy. Brighterly may communicate with (contact) you via phone and/or SMS. All communications are initiated in compliance with the applicable laws. Message and data rates may apply.

By providing your telephone number during the registration at Brighterly or at any time later, you expressly agree to receive communications at that number as required for the purposes identified above from us, our agents, representatives, affiliates, or business partners, via e-mail, SMS or text messages, phone calls, and push notifications. You further expressly agree that these communications, including phone calls, SMS or text messages, may be generated using automated technology, such as an automatic telephone dialing system, or artificial or prerecorded voice, and even if your telephone number(s) is listed on any Do-Not-Call lists. We are not responsible for the timeliness or final delivery of the communication, as we cannot control work of the cellular telephone operator or other networks.

By agreeing to receive communications from Brighterly, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing Brighterly at: [email protected] with “Revoke Electronic Consent” in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need: (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email Brighterly at: [email protected] with contact information and the address for delivery.

You represent that for the telephone number(s) that you have provided to us, you are the current subscriber or customary user and that you have the authority to provide the consent described above to be contacted at such number(s). You agree to promptly alert us whenever you stop using a particular telephone number. Standard charges may apply to the receipt of these calls or text messages. You are responsible for those charges.

You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Service. Please note that consent is not a condition of using our Service and consent may be revoked at any time. However, opting out may impact your experience of using the Service. 

In accordance with the applicable law, we may monitor or record telephone conversations that we have with you or anyone acting on your behalf regardless whether you call us or we call you. We will use the results of monitoring and recording in accordance with this Policy.

4. Data Retention

We will retain personal data for the duration necessary to fulfill the purposes outlined in this Policy unless a longer retention period is mandated or allowed by law.

Please note that we have a variety of obligations to retain the data that you provide to us, including to ensure that transactions can be appropriately processed, settled, refunded, or charged-back, to help identify fraud and to comply with anti-money laundering and other laws and rules that apply to Us and to our financial service providers. Accordingly, even if you disable/delete your profile at Brighterly, we may retain certain data to meet our obligations.

5. With Whom Do We Share Your Personal Data

We share information with third parties that help us operate, provide, improve, integrate, customize, support, and market our Service. We may share some sets of personal data, in particular, for purposes indicated in the Policy. The types of third parties we share information with include, in particular:

5.1. Tutors

In the course of providing our services, we also share  certain information about Users and Students with our tutors to enable their communication and to assist tutors in understanding individual needs  and preferences of the Users and Students.

5.2. Service providers

We share personal data with third parties that we may engage to provide services, to create and/or make available the Content, perform other functions. We may share your personal information with the following types of service providers:

  • cloud storage providers (e.g., Google Cloud Platform, servers.com);
  • data analytics providers (e.g., Facebook, Google, Amplitude);
  • marketing partners (in particular, social media networks, marketing agencies, email delivery services);
  • payment processing contractors.

5.3. Companies under common control

We may share data between and among any current or future parent, subsidiary, affiliate and other companies under common control and ownership with us.

5.4. Law enforcement agencies and other public authorities

We may use and disclose personal information to enforce our Terms of Service, to protect our rights, privacy, safety, or property, and/or that of our affiliates, you or others, and to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, or in other cases provided for by law.

5.5. Third parties as part of a merger or acquisition

As we develop our business, we may buy or sell assets or business offerings. Users’ information is generally one of the transferred business assets in these types of transactions. We may also share such information with any affiliated entity (e.g., parent company or subsidiary) and may transfer such information in the course of a corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

We may also share aggregate or de-identified information, which cannot reasonably be used to identify you, for various purposes including compliance with various reporting obligations; for business or marketing purposes; or to assist third parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service.

6. International Data Transfers

We may transfer personal data to countries other than the country in which the data was originally collected in order to provide the Service and for other purposes indicated in this Policy.

7. Our Legal Basis for Processing of Your Personal Information

The laws in some jurisdictions require providing information with respect to the legal grounds for the usage and/or disclosure of personal information. To the extent those laws apply, our legal grounds  are as follows:

A. Consent.

Where required by law, as well as in other cases, we handle personal information on the basis of implied or express consent.

B. To perform our contract with you.

We process your personal information on this basis in order to:

  • provide the services;
  • customize your experience;
  • communicate with you regarding your use of the Service;
  • manage your account;
  • provide you customer service and support;
  • process your payments.

C. Legal compliance.

We may need to use and disclose personal information in certain ways to comply with our legal obligations.

D. Legitimate interest.

For our (or others’) legitimate interests unless those interests are overridden by your interests or fundamental rights and freedoms that require protection of personal data:

  • to communicate with you regarding your use of our Service;
  • to research and analyze your use of the Service;
  • to send you marketing communications;
  • to personalize our ads;
  • to enforce our Terms of Service and to prevent and counteract fraud. 

8. Rights and choices you have regarding the information collected

To be in control of your personal data at Brighterly your rights include, but are not limited to the following:

  • To know what personal information is being collected and to correct inaccurate information (if any).  You may review, edit, or change your personal data through your account settings or by emailing us at: [email protected].
  • To delete your personal data. You can request the erasure of your personal data by emailing us at: [email protected]. We will use reasonable efforts to honor your request. In some cases, we may be legally required to keep some of the data for a certain time; in which case we will fulfill your request after we have complied with our obligations.
  • To object to or restrict the use of your personal data. You can ask us to stop using all or some of your personal data or limit our use thereof by sending us a request. For example, you can opt out of email marketing or restrict the use of cookies on your device.

You may submit requests through an authorized agent, in which case we will need to verify the agent’s identity, your identity, and their authority to act on your behalf before we can process the request. Depending to the applicable legislation, You may also be entitled to other/additional rights in relation to your personal data.

9. How Do We Handle “Do Not Track” Requests?

Except as otherwise stipulated in this Policy, the Service does not support “Do Not Track” requests. To determine whether any of the third-party services uses honor the “Do Not Track” requests, please read their privacy policies.

10. Links to Other Websites and Third-Party Content 

We may provide links to third-party websites, services, and applications that are not operated or controlled by Brighterly. This Policy does not apply to the privacy practices of those third parties. The fact that we link to a website, service, or application is not an endorsement, authorization, or representation of our affiliation with that third party. We encourage you to review the privacy policies of any third-party service before providing any personal information to or through them.

11. Privacy Rights of the Residents of Certain States of the U.S.

If you are a resident of a U.S. state that has enacted applicable consumer data privacy laws, which include, but might not be limited to: California, Colorado, Connecticut, Utah and Virginia, you may be entitled to specific rights, including those regarding access to your personal information. However, please note that such laws usually have certain applicability threshold, and, thus, may not be fully applicable to Brighterly. For more information, please contact us at: [email protected].

12. Residents of the European Union (EU) and European Economic Area (EEA)

If you are a resident of a country within the European Union (EU) or the European Economic Area (EEA), you are subject to the General Data Protection Regulation (GDPR) and any other applicable laws. In particular, under the GDPR, you may enjoy specific rights and guarantees with respect to your personal information. Should you have any questions or require further information please contact us at: [email protected].

13. Changes to the Policy

We may from time to time update this Policy to reflect changes to our practices. If such changes take place, we will post an updated version of the Policy on the Website and indicate when the revision took place. In case of material changes to this Policy, we may also notify you through the Service or by other available means.

By continuing to access or use the Service after those changes become effective, you agree to be bound by the revised Policy. You are advised to regularly check the Policy to stay up-to-date.

14. Contact Us

If you have any questions or concerns about this Policy, our collection, use, or storage or your data, please do not hesitate to contact us at: [email protected].