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Last Revised: December 22, 2020
Skillsetter Inc. (“Skillsetter”) is a Canadian corporation that has created, developed, and markets and sells, an online (cloud-hosted) skill building system (the “Service”) designed for: (1) the primary purpose of allowing educational institutions and their instructors and students to engage in deliberate practice of psychotherapy skills; and (2) ancillary purposes including allowing educational institutions and researchers to carry out research and development activities associated with the deliberate practice of psychotherapy skills. Skillsetter is headquartered in Vancouver, Canada and endeavours to make the Service available globally.
Account Data. For each person that uses our Service (each, a “User”), “Account Data” means: (a) any information provided by the User to Skillsetter in connection with registering to use the Service and the ongoing administration of the User’s account (including, for example, your name, email address, credit card information, and educational institution and course identifier (for the course for which the User will use the Service)); (b) any system or Service setup, configuration, usage or performance data that the User generates, collects, records, transmits, or stores in connection with its use of the Service; and (c) any data, content, or other information that the User provides to Skillsetter for account maintenance or customer/technical support purposes. You and Skillsetter acknowledge and understand that Account Data may include personal information (as defined below).
Course Data. “Course Data” means any educational data, research data, or other content that a User or, as applicable, its educational institution, instructor(s) or student(s), generate, collect, record, transmit, or store in or through the Service in connection with such User’s use of the Service and may include, without limitation, assignments, student coursework, responses to interactive exercises (including audio and video files, and associated data), assessments, grades, and instructor comments. You and Skillsetter acknowledge and understand that Course Data may include personal information (as defined below). Some or all of the Course Data may constitute “education records” under the United States’ Family Educational Rights and Privacy Act (“FERPA”) (or similar records under similar legislation). If your non-identifiable data are used for research purposes, then the limitation of liability and indemnity clauses contained within the End User License Agreement/Terms of Service Agreement are waived with respect to any harms suffered or liabilities incurred as a result of any research activities.
For the avoidance of doubt, “personal information” does not include anonymous or non-personal information, including information that cannot be associated with or tracked back to a specific individual.
User Data. For each User, their “User Data” means their Account Data and their Course Data.
Consent and Legal BasisSkillsetter’s legal basis for collecting and using personal information will depend on the personal information concerned and the specific context in which we collect it. However, Skillsetter will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. Please note, however, that in some cases Skillsetter may collect, use, disclose, or process your personal information without your knowledge or consent where we are permitted or required by applicable law or regulatory requirements to do so.
The Service is not designed or intended to collect personal information from children under the age of 13 for any commercial purpose. In the event that the United States’ Children’s Online Privacy Protection Act (“COPPA”) is deemed to apply to the collection of any personal information by Skillsetter through the Service, Skillsetter will comply with all applicable provisions of COPPA and only collect, use, and process any such information for educational purposes at the direction of the applicable educational institution and on the basis of such institution’s consent.
Collection of Personal Information
For the purposes of the EU’s General Data Protection Regulation (GDPR), depending on the context and circumstance, Skillsetter may be considered either a “controller” or a “processor” of the personal information that you provide to Skillsetter. For example, Skillsetter would likely be considered: (a) a “controller” of any personal information that you provide to us in connection with registering to use the Service; and (b) a “processor” of any personal information that, in using the Service, you may enter and store on our servers (or those of our service providers) that host the Service.
Instances where we may collect your personal information and the type of information we may collect include, but are not limited to, the following:
Users of our Service – Collection of or Access to User Data
If you are a User of the Service, Skillsetter may collect or otherwise have direct or indirect access to your User Data and any associated personal information. This data generally falls into the following three categories:
- Registration and Account Administration Information – This subset of Account Data may include, but is not limited to, your name, address, telephone number, email address, and credit card information that you provide to Skillsetter in connection with your registration to use the Service and your ongoing use of the Service.
- Video and Audio Data – This subset of Course Data may include video and audio data generated and stored by you in connection with your use of the Service that you provide to Skillsetter in connection with Skillsetter providing direct technical support to you. This data may include images of identifiable individuals.
- Systems Data – This subset of Account Data may include any system or Service setup, configuration, usage or performance data associated with your use of the Service that Skillsetter has access to and collects in connection with the operation and administration of the Service. This data does not typically include any personal information.
Further to b), it should be noted that even though Course Data may be stored on Skillsetter’s servers in connection with the ordinary course operation of the Service, Course Data is not directly accessed or used by Skillsetter without your explicit consent or, as applicable, that of the applicable educational institution (refer to “Storing and Protecting Information” below).
Participants in our Marketing, Promotional, or Product Development Activities
We may interact with you in connection with our marketing, promotional, and product development activities. In this regard, we may ask you for and collect personal information (such as your name, email address, mailing address, and demographic information) when you participate in a promotion or marketing campaign conducted by Skillsetter; when you want to find out about our products and service (including when you sign up to receive our newsletter); when you complete surveys or other questionnaires for Skillsetter; when you participate in a User forum or blog hosted by Skillsetter; or when you send an email to Skillsetter.
Skillsetter (and our service providers) may also collect information made publicly available through third-party platforms such as social media websites, online databases, or directories or other legitimately obtained information. This information may be governed by the privacy notice(s) provided by the third party at the time of collection.
In carrying-out our marketing and promotional activities, we employ either an opt-in or opt-out mechanism (as applicable under relevant laws) to ensure we have your consent to receive any relevant communications through electronic means. If, as applicable, you either choose not to opt-in or choose to opt-out, we will not send you any further marketing or promotional communications through electronic means, but we may continue to contact you to the extent necessary to administer any other ongoing business relationship we may have with you.
We will collect personal information when you express interest in employment with Skillsetter, whether directly or via an agent or recruiter (speculatively or in response to any ad on the basis of our legitimate interest to recruit new employees or contractors). Personal information that may be collected by Skillsetter in connection with these activities may include, without limitation, your name, contact information, CV or resume, date of birth, performance management information, and other demographic information.
Use and Disclosure of Information
The personal information (excluding that solely contained in any Course Data) collected by Skillsetter may be used for certain business purposes including:
- To manage, develop and improve our business and operations.
- To assist in the development and marketing of the Service (or any other of our products and services).
- With your consent, we may occasionally use your name and email address to send you notifications regarding new products or services offered by Skillsetter that we think you may find valuable. We will send you our newsletter if you opt to receive this communication from Skillsetter. If you wish to unsubscribe from promotional emails including newsletters, you may do so by following the unsubscribe instructions included in each promotional email.
- To respond to specific requests from you.
- For recruitment purposes, when you express interest in employment with Skillsetter.
- To establish and maintain an effective relationship with those with whom Skillsetter interacts, including, without limitation, customers, business partners, users of our products or services, suppliers, and contractors with whom we do business.
The User Data (inclusive of any personal information therein) collected by Skillsetter may be used, retained, or otherwise processed as follows:
- Account Data may be used to create, manage, and administer User accounts including, as applicable, to review and confirm the User’s account and billing information, to process any fees and charges associated with a User’s use of the Service, and to manage and track User activity.
- Account Data and Course Data may be used to operate, maintain, develop, or improve the Service or other Skillsetter products and services.
- Account Data may be used to communicate information about the Service and a User’s account to the User, including sending service-related announcements from time to time through the general operation of the Service. Skillsetter reserves the right to send a User notices about the User’s account even if the User opts out of voluntary email notifications.
- Account Data and Course Data may be used to provide customer or technical support to the User, on an as-requested basis.
- Users should also be aware that in using the Service for its intended purposes (i.e. allowing educational instructors and their students to engage in deliberate practice of psychotherapy skills), certain Course Data may be made available to other persons through the Service. For example, interactive responses (including associated video and audio data) entered and stored by a student User in the Service may be accessible by the associated instructor User.
- A User’s educational institution and course instructor(s) may have access to a User’s Course Data and Skillsetter will permit such access as directed by the educational institution. For example, the educational institution and course instructor(s) may export grade book information and other Course Data from the Service for the purpose of maintaining educational records. Furthermore, Skillsetter may use and disclose such Course Data, as requested or authorized by a User’s educational institution or by an applicable governmental educational agency or authority, for administrative, audit and evaluation purposes, such as to evaluate the educational efficacy and effectiveness of the Service.
Skillsetter may share your personal information or User Data if required to do so by law, court order, subpoena or other legal process; as requested by a governmental or law enforcement authority; or to enforce applicable contractual rights we may have with you. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or advisable.
Non-personal information collected by our web server may be used to monitor our Website's or the Service’s performance (such as number of visits, average time spent, page views) and for business purposes such as working to continually upgrade our Website and the Service. Such non-personal information may be disclosed to other third parties or permanently retained for future use without restriction.
International Transfer and Processing of Data
Where will your information be transferred and processed?
For Users in the European Economic Area (and Switzerland), it should be noted that in connection with the administration and operation of the Service, User Data that has been collected by Skillsetter may be transferred from the European Economic Area (and Switzerland) to other countries, some of which have not been determined by the European Commission to have an adequate level of data protection. When Skillsetter engages in any such transfers, it uses a variety of legal mechanisms, including contracts, to help ensure a User’s rights and protections to its personal data are adequately maintained.
As a User, you acknowledge that your User Data may be collected, processed and stored by Skillsetter or its service providers in Canada, the United States, and other countries where Skillsetter’s or its service providers’ servers reside. Users should be aware that the privacy protections and legal requirements, including the rights of authorities to access User Data (including any personal information), in some of these countries may not be equivalent to those in the country or countries in which a User uses the Service. If a User is using the Service in the European Economic Area or other regions with laws governing data collection and use that may differ from those of Canadian or United States law, as a condition to registering for the Service, and as a condition to otherwise using or accessing the Service, the User consents to the transfer of its User Data (including any personal information) to Canada, the United States, and other countries where Skillsetter or its service providers operate.
Storing and Protecting Information
The security of your personal information and User Data is important to us. Once we receive your personal information or User Data, we make commercially reasonable efforts to maintain its security on our systems. We follow generally accepted standards to protect the personal information submitted to us and any User Data stored on our servers, both during transmission and once we receive it.
Unfortunately, no data transmission (over the internet or otherwise) or data storage medium (whether electronic (including network or cloud-based) or physical), can be guaranteed to be entirely secure. As a result, we endeavor to protect your personal information and User Data, but we cannot warrant or guarantee the security of any information or data you transmit or otherwise provide to us, and such provision of personal information and User Data is at your own risk.
Because email and instant messaging are not recognized as secure communications, we request that you not send private information to us by e-mail or instant messaging services.
As stated above, personal information and User Data collected by Skillsetter from you may be transmitted, used, disclosed, stored, and otherwise processed outside of the country where you submitted that personal information and may be subject to disclosure in accordance with the laws of such jurisdictions.
How long does Skillsetter keep your information?
For registered Users of the Service, we will generally retain all of your User Data (including any personal information included therein) until you proactively either: (1) delete or cancel your User account; or (2) delete such User Data (or portions thereof) from your User account.
We apply a general rule of keeping personal information and User Data only for as long as required to fulfil the purposes for which it was collected. However, in some circumstances we may retain personal information or User Data for longer periods of time, for instance where we are required to do so in accordance with applicable legal, tax, or accounting requirements.
In specific circumstances we may also retain your personal information or User Data for longer periods of time so that we have an accurate record of your dealings with us in the event of any complaints or challenges.
When we have no ongoing legitimate business need to retain your personal information or User Data, we will either delete or anonymize it or, if this is not possible (for example, because your personal information or User Data has been stored in backup archives), then we will endeavor to securely store your personal information and User Data and isolate it from any further processing until deletion is possible.
Access to Information by Third Parties
Email and Credit Card Processors
We use third parties to provide various services on our behalf such as an email service provider and credit card processor. When you sign up to receive our newsletter, we will share your email address with our email service provider. When you register to use the Service, we use a credit card processor to store your credit card details in a secure location and to charge your credit card when payments are due.
These third parties are prohibited from using your personal information for any other purpose including their own marketing. These companies are authorized to use your personal information only as necessary to provide these services to us.
Third Parties Necessary for Operation of the Service
In connection with the installation, configuration, operation or use of the Service:
- Certain User Data will be stored on, transmitted or transferred through, and processed by Amazon Web Services, a cloud service provided by Amazon Web Services, Inc. (“AWS”) and utilized by Skillsetter and Users in the operation of the Service. For information regarding AWS’s collection, use, and storage of User Data, please refer to:
- Certain User Data may be transmitted or transferred through and processed by a supplementary cloud software platform provided by Danzig Media LLC (dba CameraTag) (“CameraTag”) that is incorporated into the operation of the Service. For information regarding CameraTag’s collection, transfer, and security of User Data, please refer to:
- Certain Account Data may be transmitted or transferred through and processed by Stripe, Inc. (“Stripe”), a provider of payment processing services utilized by Skillsetter to process payments for the Service made by Users. For information regarding Stripe’s collection, transfer, and security of Account Data, please refer to:
- Certain User Data may be transmitted or transferred through or to other third party tools or services that are incorporated into and necessary for the operation of the Service. In connection with the contracting for the use of any such third party tools or services, Skillsetter uses a variety of legal mechanisms, including contracts, to help ensure a User’s rights and protections to its data are adequately maintained.
If you comment on posts published on the Skillsetter blog, you should be aware that any personal information you submit can be read, collected, or used by other users of this forum and could be used to send you unsolicited messages. We are not responsible for the personal information you choose to submit in this forum nor any information or communications you send, read, or receive through this forum.
To request removal of your personal information from our blog or community forum, contact us at firstname.lastname@example.org. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
Links to Other Sites
This Website contains links to other sites that are not owned or controlled by Skillsetter. Please be aware that Skillsetter is not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our Website and to read the privacy statements of each and every website that collects your personal information.
What are your rights regarding collection, use, and distribution of your personal information?
Under the laws of certain countries/jurisdictions (including the EU, California, and Nevada), you may have the right, by contacting Skillsetter, to access, review, correct, amend, delete, or receive a copy of any of your personal information that has been collected by Skillsetter. You may also have the right to withdraw your consent to our collection, use, disclosure, and processing of your personal information.
To the extent you are providing personal information to Skillsetter, you are responsible for the accuracy and completeness of such information, and for contacting Skillsetter if correction of such information is required. Should you believe that any of your personal information we hold is incorrect or incomplete, you have the ability to request to see this information, rectify it, or have it deleted.
For registered Users of our Services, access and control over certain of the personal information you provide to Skillsetter in connection with your use of the Services is readily available through the Services’ profile editing tools. You may modify any of your profile information at any time by logging into your account. Users who wish to cancel their Skillsetter account may do so on the Account Settings page. Removed information may persist in backup copies for a reasonable period of time but will not be generally available. Where you make use of the communication features of the Services to share information with other Users, you generally cannot remove such communications.
With respect to any access rights to Course Data (or portion thereof) under FERPA (or similar legislation), Users that are students should direct any associated access, amendment, or export requests to their educational institution and not to Skillsetter. In many cases, the education institution will be able to use the built-in functionality of the Service in order to address access, amendment, and export requests, however, upon request of the educational institution, Skillsetter will provide reasonable assistance to the institution. In certain cases, Skillsetter may not be able to fully satisfy such requests for assistance, such as a request for confidential Skillsetter corporate information, requests in a specific or proprietary format that Skillsetter is unable to support, or requests that are prohibited by law.
Tracking and Similar Technologies
As with most websites and web-based platform, when you use our Website or the Service, we may gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
For Users of the Service, you may opt to allow us to combine this automatically collected log information with other information we collect about you. We would do this to improve products or services we offer you, to improve marketing, analytics, or Website and Service functionality.
Technologies such as cookies, beacons, tags and scripts are used by Skillsetter and our analytics, affiliate, or email partners. These technologies are used in analyzing trends, administering the Website and the Service, tracking movements around the site and to gather demographic information about those who visit our Website or use the Service as a whole.
Opting-in to the use of your Website and Service browsing and use data will allow us to receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
Third parties with whom we partner to provide certain features on our Website or the Service, or to display advertising based upon your web-browsing activity use local shared objects (LSOs) such as HTML 5 to collect and store information. Various browsers may offer their own management tools for removing HTML5 LSOs.
Some pages on the Website and the Service use a technology called “cookies”. Cookies are placed on your computer’s hard drive and are capable of storing data to help provide additional functionality. They also help to identify you when you visit a particular website. Cookies are generally limited to collecting statistical data about website visitor usage. With most internet browsers, you can erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions.
Clear GIFs (Web Beacons/Web Bugs)
Our third party advertising partner employs a software technology called clear gifs (a.k.a. web beacons/web bugs), that help us better manage content on our Website by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored on a person’s computer hard drive, clear gifs are embedded invisibly on web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our User’s personal information.
Social Media Widgets
If you connect social media to the Skillsetter website, interactions will exist and posts to your profile at such third party websites may occur. Social media websites or services may have different privacy practices and policies than Skillsetter and we recommend that you review their privacy policies to determine if they are acceptable to you.
How To Contact Us
151 West Hastings Street
Vancouver, BC, Canada
If you feel that Skillsetter has not adequately addressed your concerns regarding your personal data, you can contact the applicable data protection authority and file a complaint with them.