Privacy Policy - Brighterly.com

Privacy Policy

This service (“Service”, “Website”, “we” and/or “us”) respects the privacy of its users and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. This Privacy Policy applies to your use of this Website and describes the data we collect, how it is stored, how that data may be used, with whom it may be shared, and your choices about such uses and disclosures. By using our Service or submitting your Personal Information to us, you agree to any processing and transfer of your Personal Information in accordance with this Privacy Policy. Please be sure to carefully read the entirety of this Privacy Policy when using our Service.

In this Privacy Policy, “GDPR” means the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

EEA” includes all current Member States to the European Union and the European Economic Area.

Personal Information” means information about individuals and includes “personal data” as defined by GDPR and California Consumer Privacy Act (“CCPA”).

Process”, in respect of personal data, includes to collect, store, and disclose to others.

Check Terms of Service for the meaning of defined words (those with capital letters) not explicitly defined in this Privacy Policy.

1. Personal Data Controller

2. A Note for Minors

To use the Website, you must be over the age of 18. Parents or legal guardians registering for the Website on behalf of their child must give their consent at the time of registration to permit us to collect Personal Information on their child.

The features of our Service are intended for adults, including parents or legal guardians and Tutors. We do not knowingly collect Personal Information from children in connection with these features. If you are a parent or legal guardian 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.

3. Information we collect

3.1. Information received from you directly
When you register for and/or use the Service, you provide us information about yourself. Such information includes:

Profile information. This includes your first and last name, email address, phone number, and time zone, as well as your child’s name, email address, age, grade, level of knowledge and weekly availability; 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 through your child’s participation in classes. To enable our virtual classes, we use third-party services, such as Zoom, to stream video and audio feed of interactions between students and tutors as well as the contents of any communications enabled by integrated chat functions. Certain information is captured incidentally through your child’s participation in the classes, including your child’s image, voice, movements, physical environment, and any other information provided during the class. Ordinarily, neither we, nor Zoom, retain this information.

3.2. Information collected automatically
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).

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 цebsites 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.

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.

Transaction data. When you make payments through the Service, you need to provide financial account data, such as your credit card number, to our third-party service providers. We do not collect or store full credit card number data, though we may receive credit card-related data and data about the transaction, including: date, time and amount of the transaction, and the type of payment method used.

Usage data. We record how you or your child interacts with our Service. For example, we log the features, and content you or your child interacts with, how often and long you use the Service, what sections you use, and other interactions.

Information from Tutors. We may collect information about you or your Child from our Tutors, such as lesson summary, lesson feedback, or feedback on your Child’s learning style.

4. How the collected information is used

The collected information is used to:

  • Provide you with the service;
  • Improve your user and learning experience;
  • Research and analyze your use of the Service;
  • Customize the Service for you;
  • Process your payments;
  • Identify and rectify errors in our System;
  • 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, or make sure you are a real person and avoid the creation of fake accounts;
  • How and/or send you marketing communications;
  • Provide you customer service and support;
  • Personalize our ads;
  • Comply with legal obligations.

The collected information is not used to target children.

5. Our Legal Basis for Processing of Your Personal Information (EEA only)

In this section we explain what legal basis we rely on for processing your personal information. This section applies only to EEA-based users.

We process your personal data under the following legal bases:

5.1. Your consent

5.2. To perform our contract with you.We process you Personal Information on this legal basis in order to:

  • Provide the Service;
  • Customize your experience;
  • Communicate with you regarding your use of the Service;
  • Manage your account;
  • Provide you customer service and support;
  • Process your payments.

5.3. To comply with legal obligations.

5.4. 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
    This includes, for example, sending you notifications indicating that you have received a new message from a Tutor. The legitimate interest we rely on for this purpose is our interest to encourage you to use our Service more often. We also take into account the potential benefits to you.
  • To research and analyze your use of the Service
    Our legitimate interest for this purpose is our interest in improving our Service so that we understand users’ preferences and are able to provide you with a better experience (for example, to make the use of the Service easier and more enjoyable, or to introduce and test new features).
  • To send you marketing communications
    The legitimate interest we rely on for this processing is our interest to promote our Service in a measured and appropriate way.
  • To personalize our ads
    The legitimate interest we rely on for this processing is our interest to promote our Service in a reasonably targeted way.
  • To enforce our Terms of Service and to prevent and combat fraud
    Our legitimate interests for this purpose are enforcing our legal rights, preventing and addressing fraud and unauthorised use of the Service, non-compliance with our Terms of Service.

6. Data Retention

We will retain personal data for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted 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, we will retain certain data to meet our obligations.

7. 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 Section 4 of this Privacy Policy. The types of third parties we share information with include, in particular:

7.1. Tutors

In the course of providing the Service, we also share Personal Information about students with our Tutors to enable their communication with students and to assist Tutors in understanding each student’s individual needs and capabilities.

7.2. Service providers

We share personal data with third parties that we hire to provide services or perform business functions on our behalf, based on our instructions. We may share your personal information with the following types of service providers:

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

7.3. Law enforcement agencies and other public authorities

We may use and disclose personal data 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.

7.4. Third parties as part of a merger or acquisition

As we develop our business, we may buy or sell assets or business offerings. Customers’ 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.

8. 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 Privacy Policy. These countries may not have the same data protection laws as the country in which you originally provided the data.

9. Rights and choices you have regarding the information collected

To be in control of your personal data, you have the following rights:

To access / review / update / correct your personal data. You may review, edit, or change the personal data that you previously provided to us through your account settings or by emailing us.

To delete your personal data. You can request the erasure of your personal data by sending us an email.

When you request deletion of your personal data, 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.

To lodge a complaint with supervisory authority. We would love you to contact us directly, so we could address your concerns. Nevertheless, you have the right to lodge a complaint with a competent data protection supervisory authority, in particular in the EU Member State where you reside, work or where the alleged infringement has taken place.

The right to data portability. If you wish to receive your personal data in a machine-readable format, you can send a respective request.

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.

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

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

11. California Privacy Rights

If you are a resident of California, California law requires us to disclose the following information with respect to our collection, use, and disclosure of your Personal Information:

This section provides additional details about how we process personal data of California consumers and the rights available to them under the California Consumer Privacy Act (“CCPA”) and California’s Shine the Light law. Therefore, this section applies only to residents of California, United States.

For more details about the personal information we have collected, including the categories of sources, please see Section 3 above. We collect this information for purposes described in Section 4 this Privacy Policy. We may also share your information with certain categories of third parties as indicated in Section 7. We do not sell (as such term is defined in the CCPA) the personal information we collect.

Subject to certain limitations, the CCPA provides California consumers the right to request to know more details about the categories or specific pieces of personal information we collect (including how we use and disclose this information), to delete their personal information, to opt-out of any “sales” that may be occurring, and to not be discriminated against for exercising these rights.

California consumers may make a request pursuant to their rights under the CCPA by contacting us. We will verify your request and inform you accordingly. You may also designate an authorized agent to exercise these rights on your behalf.

Access rights under California’s Shine the Light

The residents of California, United States have additional rights under California’s Shine the Light law. If you are a California resident, you have the right to ask companies once a year what personal information they share with third parties for those third parties’ direct marketing purposes. To obtain this information from us, please send us an email message. The email message should include “Request for California Shine the Light Privacy Information” on the subject line and your state of residence and email address in the body of your message. Please be aware that not all information is covered by the “Shine the Light” requirements and our response will include only the information covered by those requirements.

12. Changes to This Privacy Policy

We may from time to time update this Privacy 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 Privacy 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 Privacy Policy. You are advised to regularly check the Privacy Policy page to stay up-to-date.

13. Contact Us

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