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Terms of Service

Terms of Service

These Terms of Use set out the terms and conditions for use of this LearnYard ( “Website”) and any content, Public Forums, or services offered on or through the Website and/or through any mobile application(s) ( “Application”) (collectively referred to as the “Platform”).

These Terms of Use apply to end users of the Website (referred to as “Learners”, “You”, “Your”). These Terms of Use, including the Privacy Policy and any other terms and conditions published on the Platform or communicated to you from time to time (collectively referred to as the “Agreement”), define the relationship and responsibilities between You and Creator (as defined herein) in using the Platform. Your access to the Platform is subject to Your acceptance of this Agreement. Hence, please take Your time to read this Agreement.

When we speak of “Creator”, ‘we’, ‘us’, and ‘our’, we collectively mean LearnYard being the creator of this Platform and the content/materials/services contained therein.

By accessing this Platform, You are agreeing to be bound by the terms of this Agreement, all applicable laws and regulations. From time-to-time, versions of the above-mentioned policies and terms are made available on the Platform for Your reference and to understand how we handle Your personal information. By using or visiting the Platform and services provided to You on, from, or through the Platform, You are expressly agreeing to the terms of the Agreement and any other terms that are updated from time to time.

If You disagree with any part of this Agreement or do not wish to be bound by the same, then please do not use the Platform in any manner.

Access and Registration: If You’re an individual You must be at least 18 (eighteen) years of age, or, if You are between the ages of 13 and 18, You must have Your parent or legal guardian's permission to use the Platform. By using the Platform, You are, through Your actions, representing and warranting to us that You have obtained the appropriate consents/permissions to use the Platform. If You are under the age of 13 years or 16 years (depending on your country of reisdence), You may neither use our Platform in any manner nor may You register for any content or services offered therein.

To access any Content (as defined below) offered on the Platform, we require You to register for the same by providing Your name and email address. Please read our Privacy Policy to understand how we handle Your information. Further, You may also be required to make payment of a fee to access the Content, if applicable. For more information, please read our ‘Payments & Refunds’ section below. You represent that the information indicated by You during Your enrolment or registration for any Content on the Platform, is true and complete, that You meet the eligibility requirements for use of the Platform and the Content offered therein, and You agree to update us upon any changes to the information by writing to us at the contact information provided in the ‘Contact Us’ section below.

For the purpose of this Agreement, “Content” shall mean and include any course or session (whether pre-recorded or live) published by the Creator on the Platform, including, but not limited to any reference materials and text files (if any) offered to You as part of the Content.

When You register or enrol for any Content on the Platform, You may also have access to discussion forums that enables You to exchange Your thoughts, knowledge in relation to the Content or its subject-matter, with us and other registrants to the Content (“Public Forum”). Participating in the Public Forum is completely Your choice and by registering or enrolling to a Content on the Platform, You are not obligated to participate in such Public Forum.

We maintain and reserve the right to refuse access to the Platform or remove content posted by You in the Public Forums, at any time without notice to You, if, in our opinion, You have violated any provision of this Agreement.

Further, to access the Platform and/or view the content on the Platform, You will need to use a “Supported/Compatible Device” which means a personal computer, mobile phone, portable media player, or other electronic device that meets the system and compatibility requirements and on which You are authorized to operate the Platform. The Supported/Compatible Devices to access the Platform may change from time to time and, in some cases, whether a device is (or remains) a Supported/Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are Supported/Compatible Devices at one time may cease to be Supported/Compatible Devices in the future. Thus, kindly make sure that the device that You use is compatible with any of the systems/software used on the Platform to access the content/material offered therein.

License to Use: You are granted a limited, non-exclusive license to access and view the Content on the Platform for Your own personal, non-commercial use only. Further, if so allowed on the Platform, You may temporarily download one copy of any downloadable Content [including Creator Content (defined below)] on the Platform for personal and non-commercial transitory viewing only.

This license does not grant You the right to assign or sublicense the license granted under this Agreement to anyone else. Further, You may not-
1. modify, edit or copy the Content, Creator Content or any material made available on the Platform;
2. create derivative works or exploit any material made available on the Platform (including the Content and Creator Content) or any portion thereof (including, but not limited to any copyrighted material, trademarks, or other proprietary information contained therein) in manner that is not permitted under this license granted to You;
3. publicly display (commercially or non-commercially) the Content, Creator Content or any material made available on the Platform or otherwise use the same for any commercial purpose;
4. attempt to decompile or reverse engineer any software contained in the Platform;
5. remove any copyright or other proprietary notations from the Content, Creator Content or any material made available on the Platform; or
6. transfer the any material made available on the Platform to another person or 'mirror' the same on any other server.
For the purpose of this Agreement, “Creator Content” shall mean and include any audio files, video files, audio-visual files, images, text materials (including .doc, .docx, and .pdfs) (other than the Content) uploaded or otherwise published on the Platform by the Creator to be accessed by You, including, but not limited to any such content/material posted by the Creator in any Public Forum (defined below).

This license shall automatically terminate if You violate any of these restrictions and may be terminated by us at any time. Upon termination of this license granted to You or Your viewing of any material on the Platform (including Content and Creator Content), You must destroy any downloaded materials in Your possession (whether in electronic or printed format).

Communications: The Platform includes provision and facilitation of Public Forums designed to enable You to communicate with us and other registrants to the Content You have registered for. As stated above, use of these Public Forums are completely your choice and by registering for a Content, you are not obligated to participate in the Public Forum. However, if You choose to participate, You agree to adhere to the terms specified in the ‘Code of Conduct’ section hereinbelow and such other terms as may be published on our Platform. If it comes to our notice that Your conduct is in violation of the terms of this Agreement, then we may terminate or suspend Your access to any Public Forums at any time, without notice, for any reason. You represent and warrant that You own and control all rights in and to any content (including without limitation chats, postings, or materials) uploaded or posted by You on the Public Forums or anywhere on the Platform (“Learner Content”), or that You are licensed to use and reproduce such Learner Content. We are not responsible for the information that You choose to share on the Public Forums, or for the actions of other users therein. You further understand and agree that You, shall be solely responsible for the Learner Content including its legality, reliability, accuracy, and appropriateness, and the consequences of its publication.

Further, if you do post content or submit any Learner Content on the Platform, and unless otherwise indicated by You in writing (emails included) to us, You hereby grant us a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Learner Content throughout the world in any media.

Code of Conduct: You agree to the following:
1. Legitimate usage of the Platform: You agree to use the Platform only for lawful purposes and You are not allowed to use our Platform to engage in any kind of activity that violates any applicable central, state, local, federal or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the USA or other countries). Also, You agree that You will not use the Platform in any manner that would disrupt, damage or impair the Platform or access to it, in any manner, including promoting or encouraging illegal activity such as hacking, cracking or distribution of counterfeit software, compromised accounts, or cheats or hacks for the Platform and conduct of any form of fraudulent activity.
2. No harmful or dangerous content: Any content which incites or promotes violence, that may cause physical or emotional harm or that may endanger the safety of any individual or is otherwise objectionable is expressly prohibited on the Platform. The Platform is to be used only for the permitted uses as detailed under this Agreement.
3. No hateful or defamatory content: We realise that there may be instances when there are exchange of ideas and opinions which is essential in the learning process, while we agree that individuals have the right to voice their opinion, we do not encourage or tolerate any form of hate speech or statements that are libelous, slanderous, threatening, violent, predatory, defamatory, or any statement that incites hatred against specific individuals or groups with respect to but not limited to race or ethnic origin, country caste, religion, disability, gender, age, sexual orientation/gender identity etc.
4. Violent and graphic content: Any content, the sole objective of which is to sensationalise, shock or disturb individuals is not allowed. We do not allow any content that promotes terrorist acts or incites violence, to be uploaded on the Platform in any manner.
5. Harassment and bullying: We do not tolerate any form of harassment or bullying on the Platform and strive to keep the Platform a safe space to foster learning. Harassment in this case would include, without limitation, to abusive videos, comments, messages, revealing someone’s personal information, including sensitive personally identifiable information of individuals, content or comments uploaded in order to humiliate someone, sexual harassment or sexual bullying in any form.
6. Spam: Posting untargeted, unwanted and repetitive content, comments or messages with an intention to spam a Public Forum or otherwise the Platform and to drive traffic from the Platform to other third-party sites is in direct violation of this Agreement. Posting links to external websites with malware and other prohibited sites is not allowed.
7. Scams: Any content uploaded or posted in order to trick others for their own financial gain is not allowed and we do not tolerate any practices of extortion or blackmail, either.
8. Privacy violation: Kindly refer to our Privacy Policy to know how to protect Your privacy and respect the privacy of other Users.
9. Impersonation: Impersonating another person, including but not limited to, another learner, is not permitted while using our Platform. In this case impersonation would mean the intention to cause confusion regarding who the real person is by pretending to be them (such as using names, image, documents, certificates etc. not belonging to You or not used to identify You, or pretending to be a company, institute, group etc., by using their logo, brand name or any distinguishing mark).
10. Unauthorized Access or Disabling of Platform: You agree not to (i) use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other user’s use of the Platform; (ii) not to use any manual process to monitor or copy any of the material on the Platform or for any unauthorized purpose; (iii) use any device, software, or routine that interferes with the proper working of the Platform; (iv) attack the Platform via a denial-of-service attack; (v) attempt to gain unauthorized access to, interfere with, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to or associated with the Platform; and (vi) introduce any viruses, trojan horses, worms, keystroke loggers, malware, or other material which is malicious or technologically harmful to the Platform.
11. If any violation of the above rules of conduct comes to our notice, then, we reserve the right to refuse Your access to the Platform, terminate accounts or remove such violating content at any time without notice to You.
Intellectual Property:

We own all information and materials, including Content and Creator Content (in whatever form or media) provided or communicated to You by or on behalf of us including but not limited to, the Platform, trademarks, trade dress, logos, wordmarks, illustrations, letters, images, ideas, concepts, the layout, design, flow, look and feel of the Platform, logos, marks, graphics, audio files, video files, any software which is owned by or licensed to us, instructions embedded in any form of digital documents and other data, information, or material made available to You by us (“Creator’s Intellectual Property”). Creator’s Intellectual Property, including the copyrights and trademarks contained therein, may not be modified by You in any way. You acknowledge and agree that You do not acquire any ownership rights to Creator’s Intellectual Property by use of the Platform or any part thereof. You acknowledge and agree that the Creator’s Intellectual Property is protected by the applicable intellectual property laws, including international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and any unauthorized use, reproduction, modification, distribution, transmission, republication, display or performance of the Creator’s Intellectual Property or any component thereof is strictly prohibited.
Feedback: If You submit suggestions, ideas, comments, or questions containing product feedback about any Content, the Platform or any part thereof, either through the Public Forum or otherwise (“Feedback”), then You grants to us a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable right to use (and full right to sublicense), reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, and display such Feedback in any form. You shall have no intellectual property right in any Content, Platform or any part thereof, as a result of our incorporation of Feedback into any Content or the Platform.
Payments and Refunds: To register/enrol for any Content, You may need to pay a fee as may be applicable (“Content Fee”). Please refer to our Platform to know the pricing. Payment of such Content Fee shall be processed through third-party payment processors. Your payments may be subject to applicable taxes, so we suggest that You read terms and policies of of such third party payment processors to understand the same better. Once You purchase access to a Content on the Platform, the same cannot be cancelled and there shall be no refund of the Content Fee, unless otherwise stated in our Refund Policy.

As stated above, we use third-party service providers to enable You to make payment for the purchases made on the Platform. Accordingly, it is hereby clarified that we do not capture and/or store any of your sensitive personal information. While making payments through such third-party payment gateways/service providers kindly ensure to read through their terms and conditions.
Disclaimer: THE PLATFORM IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE CREATOR, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE CREATOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PLATFORM OR THE SERVICES OR PRODUCTS OFFERED THEREIN WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

WITHOUT LIMITING THE FOREGOING, THE CREATOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE PLATFORM, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE PLATFORM; OR (IV) THAT THE PLATFORM, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE CREATOR ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
Limitation of Liability: In no event shall the Creator be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Content or any other materials on the Platform, even if the Creator or any authorized personnel of the Creator has been notified orally or in writing of the possibility of such damage. Some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, so, some or all of these limitations may not apply to You.
Indemnity and Release: You shall indemnify and hold harmless the Creator and where applicable, its officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of Your breach of this Agreement or any document incorporated by reference, or Your violation of any law, rules, regulations or the rights of a third party.
Links to Third Party Website: Creator has not reviewed all of the sites linked to its Platform and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Creator of such site. Use of any such linked website is at the Your own risk.
Governing Law and Jurisdiction: Any claim relating to the Platform shall be governed by the laws of the Creator’s home jurisdiction (as provided on the Platform) without regard to its conflict of law provisions. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Creator’s home jurisdiction.
Miscellaneous:
1. Alteration of Platform or Amendments to the Conditions: We reserve the right to make changes to our Platform, policies, and this Agreement at any time. We will post the new terms with a revision date indicated at the top or if deemed practicable. You should check our Platform frequently to see recent changes. You will be subject to the Agreement and the policies in force at the time that You use the Platform or any part thereof, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by You). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
2. Waiver: If You breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where You breach these conditions.
3. Assignment: You may not assign or transfer this Agreement, by operation or law or otherwise. Any attempt by You to assign or transfer this Agreement will be null and void.
4. Severability: If any provision of this Agreement will be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that this Agreement will otherwise remain in effect.
5. Events beyond our reasonable control: We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect Your statutory rights.
Contact Us: If You’ve have concerns or queries regarding this Agreement, You may write to us by email at support@learnyard.com.

Privacy Policy

Privacy Policy

This Privacy Policy (the “Policy”) governs the manner in which the Platform collects, uses, maintains and discloses information of its users. The Policy also describes the practices that We apply to such user information, user’s privacy rights and choices regarding their information. To clarify, this Policy applies to all users of the Platform (referred to as “Learners”, “You”, “Your”).

By accessing and using the Platform, providing Your Personal Information, or by otherwise signalling Your agreement when the option is presented to You, You consent to the collection, use, and disclosure of information described in this Policy and Terms of Use and we disclaim all the liabilities arising therefrom. If You do not agree with any provisions of this Policy and/or the Terms of Use, You should not access or use the Platform or engage in communications with us and are required to leave the Platform immediately. If any information You have provided or uploaded on the Platform violates the terms of this Policy or Terms of Use, we may be required to delete such information upon informing You of the same and revoke Your access if required without incurring any liability to You. Capitalized terms used but not defined in this Privacy Policy can be found in our Terms of Use. Please read this Policy carefully prior to accessing our Platform and using any of the services or products offered therein. If you have any questions, please contact us at the contact information provided below.

PERSONAL INFORMATION

“Personal Information” shall mean the information which identifies a Learner i.e., first and last name, identification number, email address, age, gender, location, photograph and/or phone number provided at the time of registration or any time thereafter on the Platform.

“Sensitive Personal Information” shall include (i) passwords and financial data (except the truncated last four digits of credit/debit card), (ii) health data, (iii) official identifier (such as biometric data, aadhar number, social security number, driver’s license, passport, etc.,), (iv) information about sexual life, sexual identifier, race, ethnicity, political or religious belief or affiliation, (v) account details and passwords, or (vi) other data/information categorized as ‘sensitive personal data’ or ‘special categories of data’ under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, General Data Protection Regulation (GDPR) and / or the California Consumer Privacy Act (CCPA) (“Data Protection Laws”) and in context of this Policy or other equivalent / similar legislations.

Usage of the term ‘Personal Information’ shall include ‘Sensitive Personal Information’ as may be applicable to the context of its usage.
INFORMATION WE COLLECT:

We may collect both personal and non-personal identifiable information from You in a variety of ways, including, but not limited to, when You visit our Platform, register on the Platform, and in connection with other activities, services, features or resources we make available on our Platform. However, please note that-
- We do not ask You for Personal Information unless we truly need it; like when You are registering for any Content on the Platform.
- We do not share Your Personal Information with anyone except to comply with the applicable laws, develop our products and services, or protect our rights.
- We do not store Personal Information on our servers unless required for the on-going operation of our Platform.
1. Personal Identifiable Information: We may collect personal-identifiable information such as Your name and emails address to enable Your access to the Platform and services/products offered therein. We will collect personal-identifiable information from You only if such information is voluntarily submitted by You to us. You can always refuse to provide such personal identification information; however, it may prevent You from accessing services or products provided on the Platform or from engaging in certain activities on the Platform.
2. Non-Personal Identifiable Information: When You interact with our Platform, we may collect non-personal-identifiable information such as the browser name, language preference, referring site, and the date and time of each user request, operating system and the Internet service providers utilized and other similar information.
3. Cookies: To enhance User experience, our Platform may use 'cookies'. A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns for record-keeping purposes. You may choose to set Your web browser to refuse cookies, or to notify You when cookies are being sent; however, please note that in doing so, some parts of the Platform may not function properly.
HOW WE USE and SHARE THE INFORMATION COLLECTED

We may collect and use Your Personal Information for the following purposes:
1. To provide access to our Platform and/or the services/products offered therein: We use the Your information as collected by us to allow You to access the Platform and the services/products offered therein, including without limitation to provide customer service, fulfil purchases through the Platform, verify User information and to resolve any glitches with our Platform. The legal basis for this processing is consent or, where applicable, our legitimate interests in the proper administration of our Platform, and/or the performance of a contract between You and us.
2. To improve our Platform and maintain safety: We use Your information to improve and customize the Platform and services/products offered by us. Further, we also use Your information to prevent, detect, investigate, and take measures against criminal activity, fraud, misuse of or damage to our Platform or network, and other threats and violations to a third party's or our rights and property, or the safety of our Users, or others. The legal basis for this processing is consent or, where applicable, our legitimate interests in the proper administration of our Platform, and/or the performance of a contract between You and us.
3. To communicate with You or market our services/products: We may use the email address submitted by You to communicate with You about Your orders on our Platform, our offers, new products, services or even receive Your feedback on the Platform or any services/products offered therein. It may also be used to respond to Your inquiries, questions, and/or other requests. If at any time You would like to unsubscribe from receiving future emails, please write to us at the contact information provided below. The legal basis for this processing is consent or, where applicable, our legitimate interests in the proper administration of our Platform, and/or the performance of a contract between You and us.
  
  We do not use Personal Information for making any automated decisions affecting or creating profiles other than what is described in this Policy.
  
  We do not sell, trade, or otherwise exploit Your personal-identifiable information to others. Limited to the purposes stated hereinabove, we may share generic aggregated demographic information not linked to any personal-identifiable information regarding visitors and Users with our business partners and trusted affiliates.
YOUR CHOICES:
1. Limit the information You provide: You always have an option to choose the information You provide to us, including the option to update or delete Your information. However, please note that lack of certain information may not allow You access to the Platform or any of its features, in part or in full. For example: information required for Your registration on the Platform.
2. Limit the communications You receive from us: Further, You will also have the option to choose what kind of communication You would like to receive from us. However, there may be certain communications that are required for legal or security purposes, including changes to various legal agreements, that you may not be able to limit.
3. Reject Cookies and other similar technologies: You may reject or remove cookies from Your web browser; You will always have the option to change the default settings on Your web browser if the same is set to ‘accept cookies’. However, please note that some of the services/products offered on the Platform may not function or be available to You, when the cookies are rejected, removed or disabled.

YOUR RIGHTS:

In general, all Learners have the rights specified herein this section. However, depending on where you are situated, you may have certain specific rights in respect of your Personal Information accorded by the laws of the country you are situated in. To understand Your rights, please refer to the Country Specific Additional Rights below.

If you are a Learner, you may exercise any of these rights by using the options provided to you within the Platform upon your login. If however, you are facing any issues or require any clarifications, you can always write to us at the address noted in the ‘Grievances’ section below, and we will address your concerns to the extent required by the applicable law.
1. Right to Confirmation and Access: You have the right to get confirmation and access to your Personal Information that is with us along with other supporting information.
2. Right to Correction: You have the right to ask us to rectify your Personal Information that is with us that you think is inaccurate. You also have the right to ask us to update your Personal Information that you think is incomplete or out-of-date.
3. Right to be Forgotten: You have the right to restrict or prevent the continuing disclosure of your Personal Information under certain circumstances.
4. Right to Erasure: If you wish to withdraw/remove your Personal Information from our Platform, you have the right to request erasure of your Personal Information from our Platform. However, please note that such erasure will remove all your Personal Information from our Platform (except as specifically stated in this Policy) and may result in deletion of your account on the Platform permanently, and the same will not be retrievable.
Remember, you are entitled to exercise your rights as stated above only with respect to your information, including Personal Information, and not that of other Learners. Further, when we receive any requests or queries over email to the address specified in the ‘Grievances’ section below, then, as per the applicable Data Protection Laws, we may need to ask you a few additional information to verify your identity in association with the Platform and the request received.

PROTECTION OF YOUR INFORMATION:

We take all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of Personal Information or such other data on the Platform. Our disclosure of any such information is limited to –
1. our employees, contractors and affiliated organizations (if any) that (i) need to know that information in order to process it on our behalf or to provide services available on our Platform, and (ii) that have agreed not to disclose it to others.
2. a response to a court order, or other governmental request. Without imitation to the foregoing, we reserve the right to disclose such information where we believe in good faith that such disclosure is necessary to –
  1. comply with applicable laws, regulations, court orders, government and law enforcement agencies’ requests;
  2. protect and defend a third party's or our rights and property, or the safety of our users, our employees, or others; or
  3. prevent, detect, investigate and take measures against criminal activity, fraud and misuse or unauthorized use of our Platform and/or to enforce our Terms of Use or other agreements or policies.
  To the extent permitted by law, we will attempt to give You prior notice before disclosing Your information in response to such a request.
THIRD PARTY WEBSITES

You may find links to the websites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. The content or links that appear on these sites are not controlled by us in any manner and we are not responsible for the practices employed by such websites. Further, these websites/links thereto, including their content, may be constantly changing and the may have their own terms of use and privacy policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that terms and policies published on such websites.

CROSS-BORDER DATA TRANSFER

Your information including any Personal Information is stored, processed, and transferred in and to the Amazon Web Service (AWS) servers and databases located in India. We may also store, process, and transfer information in and to servers in other countries depending on the location of our affiliates and service providers.

Please note that these countries may have differing (and potentially less stringent) privacy laws and that Personal Information can become subject to the laws and disclosure requirements of such countries, including disclosure to governmental bodies, regulatory agencies, and private persons, as a result of applicable governmental or regulatory inquiry, court order or other similar process.

If you use our Platform from outside India, including in the USA, EU, EEA, and UK, your information may be transferred to, stored, and processed in India. By accessing our Platform or otherwise giving us information, you consent to the transfer of information to India and other countries outside your country of residence.

DURATION FOR WHICH YOUR INFORMATION IS STORED

We will retain Your information for as long as it is required for us to retain for the purposes stated hereinabove, including for the purpose of complying with legal obligation or business compliances.

Further, please note that we may not be able to delete all communications or photos, files, or other documents publicly made available by you on the Platform (for example: comments, feedback, etc.), however, we shall anonymize your Personal Information in such a way that you can no longer be identified as an individual in association with such information made available by you on the Platform. We will never disclose aggregated or de-identified information in a manner that could identify you as an individual.

Note: If you wish to exercise any of your rights (as specified in ‘Your Rights’ section below) to access, modify and delete any or all information stored about you, then you may do so by using the options provided within the Platform. You can always write to us at the email address specified in the ‘Grievances’ section below

MODIFICATION TO PRIVACY POLICY:

We may modify, revise or change our Policy from time to time; when we do, we will revise the ‘updated date’ at the beginning of this page. We encourage You to check our Platform frequently to see the recent changes. Unless stated otherwise, our current Policy applies to all information that we have about You.

GRIEVANCES:

If you have any questions about this Policy, wish to exercise your rights, concerns about privacy or grievances, please write to us with a thorough description via email to support@learnyard.com.

COUNTRY SPECIFIC ADDITIONAL RIGHTS

TERMS APPLICABLE IF YOU ARE AN INDIAN RESIDENT

Your Rights: If you are located in India, you may have the following rights under the Personal Data Protection Bill (PDPB) when it becomes a legislation. All requests can be made by using the option provided to you within the Platform upon your login. You may also write to us as stated in the “Grievances” section above, and we will address you concerns to the extent required by law.
1. Right to Confirmation and Access: You have the right to get confirmation and access to your Personal Information that is with us along with other supporting information.
2. Right to Correction: You have the right to ask us to rectify your Personal Information that is with us that you think is inaccurate. You also have the right to ask us to update your Personal Information that you think is incomplete or out-of-date.
3. Right to Data Portability: You have the right to ask that we transfer the Personal Information you gave us to another organisation, or to you, under certain circumstances.
4. Right to be Forgotten: You have the right to restrict or prevent the continuing disclosure of your Personal Information under certain circumstances.
5. Right to Erasure: If you wish to withdraw/remove your Personal Information from our Platform, you have the right to request erasure of your Personal Information from our Platform. However, please note that such erasure will remove all your Personal Information from our Platform (except as specifically stated in this Policy) and may result in deletion of your account on the Platform permanently, and the same will not be retrievable.
TERMS APPLICABLE IF YOU ARE A RESIDENT OF UNITED KINGDOM (UK), A EUROPEAN UNION (EU) COUNTRY OR EUROPEAN ECONOMIC AREA (EEA)

Your Rights: If you are located in the United Kingdom (UK) or European Union (EU) or European Economic Area (EEA), you have the following rights under the UK and EU General Data Protection Regulation (GDPR) respectively. All requests should be sent to the address noted in the “Grievances” section above, and we will fulfil requests to the extent required by applicable law.
1. Right to access Your Personal Information: You have the right to receive confirmation as to whether or not Personal Information concerning you is being processed and, where that is the case, access to the Personal Information can be sought;
2. Right to Rectification: Our goal is to keep your Personal Information accurate, current and complete. Please contact us if you believe your information is inaccurate or incomplete;
3. Right to Erasure: In some cases, you have a legal right to request that we erase your Personal Information;
4. Right to object to Processing: You have the right to object to our processing of your Personal Information under certain conditions;
5. Right to restrict Processing: You have the right to request that we restrict the processing of your Personal Information, under certain conditions;
6. Right to Data Portability: You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions;
7. Right to make a complaint to a government supervisory authority: If you believe we have not processed your Personal Information in accordance with applicable provisions of the GDPR, we encourage you to contact us at email address provided in the ‘Grievances’ section above. You also have the right to make a GDPR complaint to the relevant Supervisory Authority or seek a remedy through the courts. A list of Supervisory Authorities is available at: https://edpb.europa.eu/about-edpb/board/members_en. If you need further assistance regarding your rights, please contact us using the contact information provided below, and we will consider your request in accordance with applicable law. You can identify the supervising authority of your concern by visiting https://edpb.europa.eu/about-edpb/board/members_en.
8. Right to not be subject to automated decision-making, including profiling: You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal or similarly significant effects concerning you.
We collect and process Personal Information about you only where we have a legal rationale to do so. Specific legal rationale applied for the same will depend on the type of Personal Information collected and the context in which the same is being processed, including the Services involved.
TERMS APPLICABLE IF YOU ARE A CALIFORNIA STATE RESIDENT

If you are a California state resident, then you have the following rights to the extent, and in the manner, set out in the CCPA:
1. The right to access the Personal Information that we hold on you;
2. The right to know what Personal Information we intend on collecting from them before the point of collection;
3. The right to opt in or out of marketing, analytics, and other similar activities;
4. The right to equal services without discrimination; and
5. The right to request deletion of Personal Information.
The above rights, the manner in which you can exercise the same and the category of and the manner in which we collect your information, are detailed below.

CCPA NOTICE AT COLLECTION:

For purposes of the CCPA, in collecting the information described above, we collect the categories of Personal Information listed below from you:
1. Identifiers: We may collect your name, email address, mobile number, username, unique personal identifier, and Internet Protocol (IP) address. We use Identifiers as set forth in the “How We Use and Share the Information Collected” section of this Policy, like your name, contact information, and device and online identifiers.
2. Characteristics of Personal Information described in the California Customer Records statute: We may collect your name, email address, username, unique personal identifier, and gender. We use Categories of Personal Information described in the California Consumer Records statute as set forth in the ‘How We Use and Share the Information Collected’ section of this Policy.
3. Internet or other electronic network activity information: We collect cookies as described above, we will automatically receive information from your browser and your device, which includes the date and time of your visit to the Platform as well as your location, Internet Protocol (IP) address, domain server, browser type, access time, and data about which pages you visit on the Platform. We use Internet or other electronic network activity information as set forth in the “How We Use and Share the Information Collected” section of this Policy.
4. Geolocation data: We may collect your IP address. We may use Geolocation Data as set forth in the “How We Use and Share the Information Collected” section of this Policy.
5. Audio, electronic, visual or similar information: We may collect your profile picture or other audio or visual information uploaded as content to the Platform. We use audio, electronic, visual or similar information as set forth in the “How We Use and Share the Information Collected” section of this Policy.
6. Inferences: We may make inferences based upon the Personal Information collected (such as likelihood of retention or attrition). We use Inference information as set forth in the “How We Use and Share the Information Collected” section of this Policy.

CCPA DATA PRACTICES DURING THE LAST 12 MONTHS:
1. Personal Information collected: As described in this Policy, we have collected the categories of Personal Information listed below during the preceding 12 months:
  - Identifiers
  - Characteristics of Personal Information described in the California Customer Records statute
  - Internet or other electronic network activity information
  - Geolocation data
  - Commercial information
  - Audio, electronic, visual, thermal, olfactory, or similar information Inferences
2. Categories of sources: We have collected the Personal Information identified in this Policy from you and our payment processors.
3. Business and commercial purposes for collecting: We have collected the categories of Personal Information listed above for the following purposes:
  - Operate the Platform;
  - Provide our Services to you;
  - Honor our Terms and Conditions and contracts;
  - Ensure the privacy and security of our Platform and Services;
  - Manage our relationships with you;
  - Communicate with you;
  - Analyze use of the Platform and our Services;
  - Enhance your experience;
  - Track visits to the Platform;
  - Provide you with a more personal and interactive experience on the Platform; and
  - Usage analytics purposes.
4. Personal Information sold: We have not sold categories of Personal Information during the preceding 12 months.
5. Personal Information disclosed for a business purpose: We have disclosed for a business purpose the categories of Personal Information listed below during the preceding 12 months:
  - Identifiers
  - Characteristics of Personal Information described in the California Customer Records statute
  - Internet or other electronic network activity information
  - Geolocation data
  - Commercial information
  - Audio, electronic, visual, thermal, olfactory, or similar information Inferences
  We have disclosed each category of Personal Information to the following categories of third parties: (1) corporate parents, subsidiaries, and affiliates; (2) advisors (accountants, attorneys); (3) service providers (data analytics, data storage, mailing, marketing, website and platform administration, technical support); and (4) operating systems and platforms.

CONSUMER RIGHTS AND REQUESTS UNDER THE CCPA

The CCPA gives consumers the right to request that we (1) disclose what Personal Information we collect, use, disclose, and sell, and (2) delete certain Personal Information that we have collected or maintained. you may submit these requests to us as described below, and we honor these rights where they apply.

If a request is submitted in a manner that is not one of the designated methods for submission, or if the request is deficient in some manner unrelated to our verification process, we will either (i) treat the request as if it had been submitted in accordance with the designated manner, or (ii) provide you with specific directions on how to submit the request or remedy any deficiencies with the request, as applicable.
1. Request to Know: As a California resident, you have the right to request: (1) the specific pieces of Personal Information we have collected about you; (2) the categories of Personal Information we have collected about you; (3) the categories of sources from which the Personal Information is collected; (4) the categories of Personal Information about you that we have sold and the categories of third parties to whom the Personal Information was sold; (5) the categories of Personal Information about you that we disclosed for a business purpose and the categories of third parties to whom the Personal Information was disclosed for a business purpose; (6) the business or commercial purpose for collecting, disclosing, or selling Personal Information; and (7) the categories of third parties with whom we share Personal Information. Our response will cover the 12-month period preceding our receipt of a verifiable request.
2. Request to Delete: As a California resident, you have a right to request the erasure/deletion of certain Personal Information collected or maintained by us. As described herein, we will delete your Personal Information from our records and direct any service providers (as defined under applicable law) to delete your Personal Information from their records. However, we are not required to honor a deletion request if an exemption applies under the law.
3. Submitting a Request:
  1. Submission of Instructions: You may submit a request to know or to delete by email to the address provided in the ‘Grievances’ section above or by submitting a request via mail to address provided by us in our Terms of Use or the Platform page. Regarding requests to delete, we may present you with the choice to delete select portions of your Personal Information, but a global option to delete all Personal Information will be offered and more prominently presented.
  2. Verification Process: We are required by law to verify the identities of those who submit requests to know or to delete. To determine whether the individual making the request is the consumer about whom we have collected information, we will verify your identity by matching the identifying information provided by you in the request to the Personal Information that we already maintain about you. As a part of this process, you will be required to provide your name and email address, and mobile number (if the same have been voluntarily provided by you at the time of registering on the Platform or otherwise while using the Platform). We will inform you if we cannot verify your identity. Please note-
    1. If we cannot verify the identity of the person making a request for categories of Personal Information, we may deny the request. If the request is denied in whole or in part for this reason, we will provide a copy of, or direct you to, our Privacy Policy.
    2. If we cannot verify the identity of the person making the request for specific pieces of Personal Information, we are prohibited from disclosing any specific pieces of Personal Information to the requestor. However, if denied in whole or in part for this reason, we will evaluate the request as if it is seeking the disclosure of categories of Personal Information about the consumer.
    3. If we cannot verify the identity of the person making a request to delete, we may deny the request. If there is no reasonable method by which we can verify the identity of the requestor to the degree of certainty required, we will state this in our response and explain why we have no reasonable method by which we can verify the identity of the requestor.
  3. Authorized Agents: Authorized agents may submit requests via the methods identified in this Policy. If you use an authorized agent to submit a request to know or a request to delete, we may require you to: (1) provide the authorized agent with signed permission to do so; (2) verify your identity directly with us; and (3) directly confirm with us that you provided the authorized agent permission to submit the request. However, we will not require these actions if you have provided the authorized agent with power of attorney pursuant to the California Probate Code.
  4. Excessive Requests: If requests from a User are manifestly unfounded or excessive, in particular because of their repetitive character, we may either (1) charge a reasonable fee, or (2) refuse to act on the request and notify the User of the reason for refusing the request. If we charge a fee, the amount will be based upon the administrative costs of providing the information or communication or taking the action requested.
  5. CCPA Non-Discrimination: You have the right not to receive discriminatory treatment by us due to your exercise of the rights provided by the CCPA. We do not offer financial incentives and price or service differences, and we do not discriminate against Users/consumers for exercising their rights under the CCPA.

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