Workleap LMS Privacy Policy

1. Security Measures 

Because Workleap cares about the confidentiality of its commercial data and the privacy of the personal information provided by users of its Website, it has designed and implemented security measures aimed at preventing unauthorized access to (and disclosures of) such data and information, which can be found on the Security page of the website. 

Although Workleap spares no reasonable efforts in order to protect every piece of personal information you provide, no electronic data transfer through the Internet is 100% secure. Consequently, it proves radically impossible to store electronic data in a way that makes it completely impervious to cyber attacks, and we cannot in any way represent or warrant that your personal information will be perfectly safe at all times. 

2. Cookies 

Not unlike most web applications, Workleap makes use of cookies, which in fact consist of small text files installed on your computer in order to provide you with a more pleasant, specifically targeted web surfing experience whenever you log into your account. Be aware that if you elect to deactivate cookies by accessing your web browser’s setup menu, some features of the application might no longer function properly – assuming that you are still able to log into your account in the first place. 

3. Geographic Tracking 

All Instructors allow Workleap to pinpoint their exact geographic location for billing and taxation purposes. By using Workleap, Instructors agree never to provide false or misleading information about their geographic location. Workleap expressly disclaims any form of liability should the dispositions of this section ever be breached. 

4. Data Collection 

In order to better understand and satisfy the needs of those who use its Platform and Website, Workleap collects data and information likely to identify them personally. At the time an account is created or training programs are purchased, Workleap may collect some or all of the following personal information: first name, last name, country, state, e-mail address – as long as they may help us identify or contact you. 

In addition to the information collected by Workleap, other personal information might be required by Instructors at the time accounts are set up by Other Users, such as first name, last name, country, state and e-mail address. In fact, Other Users agree and accept that such information will be collected by Instructors (through the use of the Platform) and subsequently stored by Workleap. 

Some platforms may ask for additional information when a user account is created, the exact fields are not listed here. 

5. Use and Disclosure of Information 

Workleap uses information as it creates your account, confirms your identity, provides you with technical support, keeps you informed about new features, improvements, and software upgrades, sends you important notices about your account parameters, and discloses changes made to its General Terms of Use and other policies. Workleap uses telemetry to monitor the performance of the Website and to ensure the security of the Workleap LMS. We also use such information for statistical and promotional purposes, as well as to improve the services we provide. 

Workleap relies on Google Analytics while collecting and using anonymous information which consist of data not likely to identify any specific individual. It also allows the administrators of a Workleap tenant to link any Google Analytics account of their own choosing. 

Workleap may, in addition to Google Analytics, retain the services of other external companies which, in its opinion, are able to provide services such as website hosting and data analysis. In so doing, Workleap may disclose to such service providers listed in Schedule 1 hereto, certain information likely to identify you personally. You hereby agree to the disclosure and sharing of your personal information in such a context and for such purpose. 

Workleap may also disclose some personal information whenever it finds itself bound to do so (i) under the law, (ii) in order to comply with a legal process, the request of a government authority, or its General Terms of Use of the Website, and/or (iii) in view of protecting its own rights, property, assets, or security, its Users, its business partners, or the public in general. In any event, Workleap may transfer, assign, or otherwise disclose your personal information in the course of any merger, consolidation, sale of business and/or assets, or other corporate change, reorganization, or restructuration, in accordance with applicable laws. 

Should you wish that your personal information not be used in either manner described in this Privacy Policy, we recommend that you close your account and refrain from accessing the Website. If you choose to do so, understand that some information likely to identify you personally may still remain within our database, subject to the provisions of the Act respecting the protection of personal information in the private sector or of the Personal Information Protection and Electronic Documents Act, and of any other laws, rules, or regulations which may find application. 

Notice to Instructors 

You may only use information you possess about Other Users in order to satisfy statistical or marketing requirements which are directly related to the training you provide. You may neither use such information for any other purpose nor disclose it to (or share it with) third parties. 

In addition to the obligations of privacy imposed upon you by the provisions of the Act respecting the protection of personal information in the private sector or of the Personal Information Protection and Electronic Documents Act, their regulations, and any other law, rules, or regulations which may find application, you must ensure that all Personal Information about Other Users that Workleap makes available to you through its Website remain private and confidential at all times. 

You hereby acknowledge that Workleap may in no circumstances whatsoever be held liable for losses or damages which may directly or indirectly arise from a breach of the confidentiality of information communicated or transmitted in violation of the provisions of this Privacy Policy. You also commit to forthwith inform Workleap of any breach or violation likely to compromise such confidentiality, and to defend, indemnify and hold harmless Workleap against any claims, losses, damages, and/or expenses stemming directly or indirectly from such a communication or transmission. 

6. Legal Bases for Processing Personal Information 

Pursuant to applicable privacy laws, Workleap collects and processes Personal Information about individuals under a variety of legal bases, depending on the reason for such collection or processing. Workleap shall only collect, process or use Personal Information where: 

• Personal Information is required to provide the Website and all services ancillary to the proper functioning of the Workleap LMS, such as support services, to provide a personalized experience, and to ensure the safety and security of the Workleap LMS; 
• The User gave Workleap consent to use Personal Information for a specific purpose (including for a purpose listed under sections 4, 5 and 7 hereof); 
• Processing of Personal Information is necessary to comply with a legal obligation; 
• Processing of Personal Information is warranted by a legitimate interest of Workleap (insofar as this legitimate interest is not overridden by the interests of the data subject) or to protect Workleap’s legal rights and interests. 

7. Other Instances of Data Collection 

Whenever you visit the Website, we may collect (and store within log files) certain information not likely to identify you personally, such as a domain name, the identity of the web host through which you access the Internet (aol.com or unh.edu, for instance), the type of operating system and web browser you use, the days and times at which you access the Website, the Internet address of the website from which you log on, the website you visit right after you log out of your account, and the number of times you “clicked” while you were connected to the Website. Such data is collected for the purpose of analyzing trends, optimizing the management of the Website, and collecting a wide array of demographic information to be used on a global scale. We may also (i) determine the version of your web browser in order to display the most recent version of our web pages, and (ii) use data collected about our Users in view of supplying customized content, advertisements, products, and services, of enhancing your surfing experience, and of performing a variety of interval checks. 

Workleap’s web pages and electronic communications may contain small images known as “web beacons” (and, albeit less often, as “invisible pixels”), which allow us to collect and track certain pieces of specific information about our Users, such as the type of device requesting a web beacon, the IP address of the computer or device to which a web beacon is transmitted, and the precise moment at which a web beacon is seen. Although some web beacons may remain invisible to a User, most electronic images spotted as part of a web page or an e-mail (including all HTLM content) can act as a web beacon. We might use web beacons to determine how many individuals visit our web pages or to categorize the surfing habits of Users on our Website. We may also insert web beacons within the e-mails we dispatch in order to assess how many messages were actually read and/or elicited some kind of reaction. Last but not least, we rely on web beacons to compile statistics about the use of our Website. In no circumstances, however, will we link information obtained through the use of web beacons to personal data you provided to us while registering and/or creating an account. 

8. Sharing and Transferring of Personal Information 

Workleap will not sell, rent or trade Personal Information to any third party. However, Workleap may share or transfer Personal Information when authorized and/or required by law or as follows:  

8.1. Within Workleap. We may share Personal Information within Workleap (i.e. between our affiliates and subsidiaries) in Canada for the purposes described in Sections 4, 5 and 7 of this Privacy Policy.  

8.2. Service Providers. Workleap may grant access to Personal Information to third-party service providers in connection with the performance or the improvement of the Website. Before transferring any Personal Information with any of its third-party service providers, Workleap will ensure that the third party maintains data management practices for maintaining the confidentiality and security of Personal Information and preventing unauthorized access which comply with applicable industry standards and privacy laws. 

8.3. As Permitted or Required by Law. Workleap may disclose Personal Information as required by applicable law or by proper legal or governmental authority. Workleap may also disclose information to its accountants, auditors, agents and lawyers in connection with the enforcement or protection of its legal rights. Workleap may also release certain Personal Information when it has reasonable grounds to believe that such release is reasonably necessary to protect the rights, property or safety of others and itself, in accordance with or as authorized by law. In the event Workleap receives a governmental or other regulatory request for any Personal Information, Workleap will promptly notify Users, unless it is prohibited to do so, in order that Users shall have the option to defend such action. Workleap shall reasonably cooperate with Users in such defense. 

8.4. Business Transaction. Workleap may disclose Personal Information to a third party in connection with a sale or transfer of business or assets, an amalgamation, re-organization or financing of parts of our business. However, in the event the transaction is completed, Personal Information will remain protected by applicable data protection laws. In the event the transaction is not completed, Workleap will require the other party not to use or disclose the Personal Information received in any manner whatsoever and to delete such Personal Information. 

9. Scope 

Keep in mind that this Privacy Policy is not meant to apply to information you could disclose publicly through an online forum frequented by users of the Website (such as a chat room, an electronic bulletin board system, or another web page of a similar nature). Remember also that each time you go online and disclose pieces of information likely to identify you personally, such information can be collected and used by individuals and entities unknown to you. Hence, Workleap expressly disclaims any and all liability with respect to the actions, omissions, or policies of any third party who may collect information disclosed by Users by means of such online forums or public websites. 

10. Data Retention 

Workleap will retain the Personal Information as necessary for the purposes described in this Privacy Policy, unless a longer retention is required by law or justified by a legitimate business interest of Workleap, subject to applicable laws. Notwithstanding the foregoing, upon termination of the General Terms of Use, Workleap shall retain the Personal Information stored in the Workleap LMS until Users instruct Workleap to delete the Personal Information or until Users’ access to the Workleap LMS is terminated in accordance with the General Term of Use, whichever occurs first. 

11. Updating your Information 

You are solely responsible for keeping up-to-date the information you provide at the time your account is created as well as the data you rely on in order to secure payments (if any). Consequently, you shall be solely responsible for any losses, damages, and/or expenses that you, Workleap, or any third party could incur on account of the fact that you provided false, incomplete, incorrect, or inaccurate information or data. 

12. Data Incidents Involving Personal Information 

Workleap shall promptly notify Users of a data breach, of a loss of data or of a failure of Workleap’s security program: 

• (a) which has resulted or is suspected to have resulted in the loss, unauthorised access, disclosure, use or acquisition of Personal Information (including hard copy records); and 
• (b) which, in Workleap’s opinion, presents a real risk of significant harm to individuals whose Personal Information is impacted (“Data Incident”). 

While the initial notice may be in a summary form, a comprehensive written notice shall be given to Users within the legally required timeframe, where applicable. The notice shall summarize in reasonable detail the nature and scope of the Data Incident (including each data element type) and the corrective action taken or to be taken by Workleap. Officevibe shall promptly take all necessary and advisable corrective actions, and shall cooperate with Users in all reasonable efforts to mitigate the adverse effects of Data Incidents and to prevent their recurrence. 

13. Legal Rights Regarding Personal Information 

Workleap relies on the legal bases described under section 6 hereof to process Personal Information. Subject to applicable laws, all Users have the right to: (i) access and rectification or erasure of Personal Information, including erasure and deletion of their profile on the Workleap LMS, except to the extent that Workleap may need to retain certain Personal Information, including for record keeping purposes or to comply with legal obligations; (ii) restrict or object to Workleap’s use of Personal Information (though, in some cases, this may mean no longer using the Website) where Workleap is relying on a legitimate interest (or those of a third party) and there is something about User’s particular situation which impacts on User’s fundamental rights and freedoms; (iii) lodge a complaint with their local data protection authority; and (iv) data portability. Users will not have to pay a fee to exercise such rights, however, Workleap may charge a reasonable fee or refuse to comply if the request is unfounded, repetitive or excessive. 

14. Modifying your Information 

All personal information collected about your use of the Website will be saved and stored on secure data servers controlled by Workleap and housed either within Workleap’s own business offices or installations owned and operated by its service providers. 

Any questions, complaints or requests regarding this Privacy Policy or Workleap’s handling of Personal Information can be addressed to Workleap’s customer service at: 

Didacte Inc. 
Attention: Data Protection Officer 

1751, rue Richardson, Suite 1.050 
Montréal (Québec) H3K 1G6 
email: info@didacte.com   

A User who seeks to exercise his/her data protection rights referred to in Section 12, in respect of Personal Information stored or processed by Workleap on behalf of an Instructor must direct his/her query to such Instructor, as being the data controller. If Workleap receives such User’s request to exercise his/her data protection rights referred to in Section 12 (including for access to or correction of Personal Information), Workleap shall redirect the User to the Instructor and, upon request from the Instructor, shall assist the Instructor responding to such request, if applicable. 

Our Data Protection Officer will attempt to respond to your request within the legally applicable timeframe, and in any case no later than 30 days after receipt of such request. We will advise you in writing of our response to your request. Should we refuse to grant your request, we will inform you of the legal reason of our refusal, and we will apprise you of remedies available to you and of the time limit for exercising them. 

Should you be unsatisfied with the outcome of your request, you may lodge a complaint with Workleap’s supervisory authority, the Commission d’accès à l’information. 

15. Changes to the Privacy Policy 

Workleap will review and update its policies and procedures as required to keep current with rules and regulations, new technologies, standards and customer concerns. This Privacy Policy may therefore change from time to time.  If Workleap makes changes that materially alter Users privacy rights, Workleap may provide additional notice, such as via email or through the Workleap LMS or the Website. If Users disagree with the terms of this Privacy Policy, their only remedy is to discontinue use of the Workleap LMS and of the Website. 

16. Support 

Should you experience any problem or wish to obtain additional information, please contact us by e-mail at info@didacte.com. 

SCHEDULE 1: Workleap LMS Sub-Processors