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User Terms of Service and Privacy Notice

 

Welcome to our privacy notice for users of the Lemo Service (the Service).

We respect your privacy and are committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit this Service (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

  1. Important information and who we are

Controller

The Service is operated by Learnium Limited (referred to as “the Company”, “we”, “us” or “our” in this privacy notice). The Company is the controller and responsible for your personal data.

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

 

Contact details

Our full details are:

Full name of education establishment: Learnium Limited

Name or title of DPO: Arun Wilson

Email address: legal@learnium.com

Postal address: Wesley Clover Innovation Centre, Coldra Woods, Newport, NP18 2YB

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Purpose of this privacy notice

This privacy notice aims to give you information on how we collect and process your personal data through your use of the Service, including any data you may provide or create through when using this Service.

This website is not intended for children and we do not knowingly collect data relating to anyone under the age of 16.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice relates only to the Lemo Service and supplements any other notices we may send to you and is not intended to override them.

ORGANISATION

Changes to the privacy notice and your duty to inform us of changes

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

  1. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

  • Identity Data includes first name, maiden name, last name, username or similar identifier, title and gender.
  • Contact Data includes email address and telephone numbers.
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Service.
  • Profile Data includes your username and password, your industry role or area of study, course enrolments, membership of groups, interests, preferences, and feedback.
  • Usage Data includes information about how you use our Service including information on support enquiries.
  • Customer Data that is directly provided by you through the Service including responses to questions, such as text and video submissions, chat messages posts and shared files.
  • Usage Data Metadata is collected when you interact with the Service, including but not limited to what functionality is being used and the people you interact with.
  • Cookies Learnium uses cookies to improve the user experience, and to gather general statistics about users of the Service. Among other things, cookies allow you to log on to the Service. Learnium uses both First Party Cookies – these are set by Learnium and can only be read by Learnium’s systems; as well as Third Party Cookies – these are by one of our approved third parties to monitor the service and improve the user experience.

We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not explicitly request or collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences. Note, however, that you may inadvertently provide Special Categories of Personal Data through using the Service, which will be processed in accordance with the law.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you access to the Service or provide you with a service or information via the Service). In this case, we may not be able to provide the information or service in question.

  1. How is your personal data collected?

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your Identity, Contact and other data through the Service. This includes personal data you provide when you :
  • Open an account;
  • Message and interact with other users;
  • Share files or links;
  • Submit responses to questions and activities;
  • Give feedback.
  • Automated technologies or interactions. As you interact with the Service, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We may also collect data about the functionality being used and the users you interact with. We collect this personal data by using cookies, server logs and other similar technologies.
  1. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.

Generally we do not rely on consent as a legal basis for processing your personal data.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To register you as a new user

(a) Identity

(b) Contact

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to assist us in the delivery of the Service to you)

To provide you with information including course information and links to articles, videos or posts which may be of interest to you

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(f) Customer

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to assist us in the delivery of educational services to you)

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy policy

(b) Asking you to provide us with feedback

(a) Identity

(b) Contact

(c) Profile

(d) Customer

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to help us improve our services)

To maintain and update the Service and to develop additional features and functionality and improve the Service.

a) Identity

(b) Contact

(c) Profile

(d) Customer

(a) Necessary for our legitimate interests (to assist us in the delivery of the Service to you)
To administer and protect our business and this Service (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) 

(a) Identity

(b) Contact

(c) Technical

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

To use data analytics to improve the Service, products/services, and customer relationships and experiences

(a) Technical

(b) Usage

Necessary for our legitimate interests (to assist us in the delivery of the products/services through the Service and to ensure that the Service is appropriate and relevant to users)

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Service may become inaccessible or not function properly.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

  1. Disclosures and sharing of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

  • For the purpose of providing services through the Service, to other Authorised Users that are using the Service, in accordance with your preferences and the Courses you participate in.
  • On your instruction.
  • With Third Party Providers, like cloud computing providers. Additional information can be found in the Learnium Sub-Processors
  • With third-party services that are enabled by you.
  • With corporate affiliates, or some other legal entity that results from the merger, acquisition dissolution or reorganisation of the Organisation
  • To comply with regulations or other applicable laws and legitimate legal requests from law enforcing agencies.
  • To enforce our rights and for the safety of authorised users of the Service or a third party/parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

  1. International transfers

The Service may be hosted on servers provided by THIRD PARTIES who are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
  • Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
  • Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.
  • Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
  1. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

  1. Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us using the details below.

  1. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

  1. Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

THIRD PARTIES

External Third Parties

  • Service providers acting as processors based in the UK, EEA or US who provide IT and system administration services.
  • Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the UK, EEA or US who provide consultancy, banking, legal, insurance and accounting services.

 

Contacts US

Arun Wilson

legal@learnium.com

Postal address: Wesley Clover Innovation Centre, Coldra Woods, Newport, NP18 2YB

Lemo User Terms of Service

These terms tell you the rules for using our website www.getlemo.com/ and the Lemo apps for mobile services (together, the Applications).

Who we are and how to contact us

Our Applications are operated by Learnium Limited (we, us, our, Learnium). We are registered in England and Wales under company number 08764021 and have our registered address at The Wesley Clover Innovation Centre, Coldra Wood, Chepstow Road, Newport, United Kingdom, NP18 2YB.

To contact is please email support@learnium.com.

By using our Applications you accept these terms

By using our Applications, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our Services. We recommend that you print a copy of these terms for future reference.

You have joined a Course on Lemo that is owned by Learnium, or an organisation or individual referred to as the Customer. Together, Learnium and the Customer may be referred to as the Course Owner. If a Course is owned by a Customer, that Customer has agreed to our Customer Terms of Service that allow the Customer to use and manage the Lemo tools and platforms (the “Services”).

The Course Owner can invite or grant access to other people, including you, referred to as Authorised Users.

As an Authorised User, you acknowledge and agree to allow the Course Owner to manage your user account. This means that the Course Owner can grant or revoke your access to the Service.

As an Authorised User, you acknowledge and agree that the content and information you share on the Service (the “Customer Data”) is owned by the Course Owner and that the Course Owner may manage, delete, retain or export all or parts of the Customer Data.

As an Authorised User, you agree that it is the sole responsibility of the Course Owner to respond and resolve disputes with you over the use of the Customer Data or the Services.

Learnium makes no warranties to you in relation to the Service, which is provided on an “as is” and “as available” basis.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our Applications, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to our Applications

We may update and change our Applications from time to time including to reflect changes to our Customers’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

We may suspend or withdraw our Applications

Our Applications and Demo Course are made available to you free of charge.

We do not guarantee to you that our Applications, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Applications for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Applications through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

User Responsibilities

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@learnium.com.

How you may use material on our Applications

“Learnium” (UK registration number UK00003179172) and “Learnium” (US registration number 5,170,547) are registered trade marks of Learnium Limited. You are not permitted to use them without our express approval.

We are the owner or the licensee of all intellectual property rights in our Applications. The Applications are protected by copyright laws and treaties around the world. All such rights are reserved.

The material published on our Applications by Customers and Authorised Users may be protected by copyright laws. You may not copy or redistribute such material without permission from the copyright owner.

If you print off, copy or download any part of our Applications or the material published on our Applications in breach of these terms of use, your right to use our Applications will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You agree to use the Applications in accordance with all applicable local, state, national and international laws and only for the purposes in which it was intended. You agree that you will NOT do any of the following while accessing or using the Applications:

  • use the Applications for any unlawful purposes or for promotion of illegal activities
  • share, post or submit content that defames, harasses or threatens others, contains obscene (for example pornographic) language or images
  • share, post or submit content that infringes or misappropriates another’s intellectual property rights
  • share, post or submit content that you do not have the right to disclose under contractual confidentiality obligations or fiduciary duties
  • share, post or submit that is otherwise unlawful or that violates any applicable local, state, national or international law
  • advertise, or promote any form of commercial solicitation
  • use the Applications for the purpose of spamming anyone or harming other users or visitors to the Applications
  • bully, intimidate, harass or cause distress to any other user
  • probe, scan, or test the vulnerability of any system or network which breaches or otherwise circumvents any security or authentication measures
  • reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Service
  • use any Learnium or Lemo branding, copyrights, trademarks or sales materials without prior written permission from Learnium

The matters listed above are Prohibited Content. Learnium reserves the right to remove Prohibited Content of which it becomes aware, but is under no obligation to do so.

In addition, as a condition of accessing the Applications, you agree NOT to:

  • reproduce, duplicate, copy, sell, resell or exploit any portion of the Service other than as expressly allowed under these User Terms of Service
  • use any high-volume, automated or electronic means to access the Applications (including without limitation, robots, spiders, scripts or web-scraping tools)
  • frame the Service, place pop-up windows over its pages or otherwise affect the display of its page
  • interfere with or disrupt the Service, servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
  • copy or use any of the system information provided by Learnium to develop or market any system, design or software which is similar in its purpose, function or expression

You also agree NOT to access or attempt to access any other user’s account, misrepresent or attempt to misrepresent your identity while using the Applications.

If you become aware of illegal or unauthorised activity, you will promptly notify Learnium.

Uploading content to our Applications

You warrant that any material you upload to our Applications complies with the standards set out above, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our Applications will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Applications a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted,  uploaded or submitted by you to our Applications constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting or submission you make on our Applications if, in our opinion, your post or submission does not comply with the content standards set out above.

We are not responsible for websites we link to

Where our Applications contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

User-generated content is not approved by us

Our Applications may include information and materials uploaded by other users of the Applications, including to bulletin boards, chat rooms and submission activities. This information and these materials have not been verified or approved by us. The views expressed by other users on our Applications do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us on support@learnium.com.

Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Please note that we only provide our Applications for non-commercial use. You agree not to use our Applications for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our Applications will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Applications. You should use your own virus protection software.

You must not misuse our Applications by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Applications, the server on which our site is stored or any server, computer or database connected to our Applications. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Which country’s laws apply to any disputes?

These terms of use, their subject matter and their formation, are governed by the laws of England and Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction over any disputes.