Privacy Policy

Last Updated: Dec 24 2020

SoftServe Education Solutions Inc doing business as SoftServe (“SoftServe” “we”/”us”/”our”) respects the privacy and the integrity of any Personal Information that You provide in the use of our websites (such as getsoftserve.com) and our game-based learning platform and our related mobile applications (“SoftServe Services”), whether You are a student (“Student”), an educational institute user (“Institution”), or a teacher or teacher (“Teacher”). This Privacy Policy explains our policy regarding the collection, use and disclosure of Your Personal Information.

This Privacy Policy will be continuously assessed against new technologies, business practices and our users’ needs. As we update, expand and diversify our products and services, this Privacy Policy may evolve. Please check this Privacy Policy from time to time for updates by checking the date of the “Last Update” at the top of this document. We will take reasonable measures to notify You of material changes to this Privacy Policy by posting this on our home page or otherwise notifying You. You acknowledge and agree that Your access of our Websites and Your use of the SoftServe Services following any posted changes to the Privacy Policy indicate Your acceptance of such changes.

We also encourage You to review the Terms of Service (the “Terms of Service”), the agreement between You and SoftServe that governs Your use of the Websites, as well as provides the terms and conditions under which SoftServe provides, and You may access and use, the SoftServe Services. The Privacy Policy is incorporated into and made a part of the Terms of Service.

Application of This Policy

At SoftServe, we are committed to protecting the privacy of our users. This Privacy Policy explains how we collect and use personal information gathered from visitors to our Websites and users of the SoftServe Services.

What is Personal Information

For the purposes of this Privacy Policy, “Personal Information” means information that identifies a living individual, can be used to identify a individual, or is associated with such identifying information. Personal Information does not include business contact information (for example, if You are an administrative user on behalf of an educational institution, your email address at the institution might not be deemed Personal Information except in Australia and the European Union where this sentence does not apply). Personal Information also does not include “aggregate” information or de-identified information.

Consent

You acknowledge and agree that by accessing our Websites or using the SoftServe Services more generally You fully understand, accept and voluntarily consent to the collection, use, retention and disclosure of Personal Information in accordance with this Privacy Policy. If you are a minor (someone under the age of 18) but are over the age of 13 then you use the SoftServe Service but You must ensure that your parent or guardian reads this policy and gives consent on your behalf. It is always Your choice whether or not You provide us with Your Personal Information; however, a decision to withhold Personal Information may restrict or prevent us from providing You with a particular product or service including access to any subscriber features of the SoftServe Services. We will only collect, use, and disclose Your Personal Information in accordance with this Privacy Policy, except where otherwise permitted or required by applicable law or regulatory requirement.

The Information We Collect About Users

Personal data, or personal information, means any information relating to an identifiable person who can be directly or indirectly identified. It does not include data which cannot be related to an identifiable person (anonymous data).

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

  • Account Data for Students, this is limited to email address and institution name, and for other users it includes additional information such as first name, last name, location and similar.
  • Contact Data includes email address and telephone numbers.
  • Profile Data. includes information about Your use of the SoftServe Services, such as use of and engagement with games, participation voting, responses, question and test responses, Course creation and activation, Course Registration etc.
  • Technical Data includes internet protocol (IP) address, browser type and version, operating system and platform
  • Usage Data includes information about how Users use our Services, such as browsing actions within the portal, the buttons, controls, Users click on, pages of our portal that Users visit, the time spent on those pages, User’s search queries, the dates and times of User’s visits, and workplace usage.

We also collect, use and share Non-personalized data called “Service Data” such as statistical or demographic data for any purpose. Service Data may be derived from User’s personal information but is not considered personal information in law as this information does not directly or indirectly reveal User’s identity. For example, we may aggregate User’s Usage Data to calculate the percentage of users accessing a specific Website feature.

We do not collect any Special Categories of Personal Data about Users (this includes details about User’s race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about User’s health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

1. How Is User’s Personal Information Collected

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

  • Direct interactions. Users may give us User’s Identity, Contact and Profile Data by registering for the Service and completing fields within the Service
  • Automated technologies or interactions. As Users interact with our Service, we may automatically collect Technical and Usage Data about User’s equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.
  • Third parties or publicly available sources. We may receive personal information about Users from various third parties and public sources as set out below:
    • Technical Data from the following parties:
           a. analytics providers such as Google Analytics;
      b. search information providers such as Google.

Use of Your Personal Information

You acknowledge that SoftServe may use Personal Information that You consent to disclose to us for the purposes set out in the table below:

 

Purpose/Activity Type of Data
To deliver the Services to Users (including by recognizing users across the devices they use, and providing, maintaining, tailoring and improving website and services) a. Account
b. Contact
c. Profile
d. Usage
e. Technical
To register Users as a User a. Account
b. Contact
To allow Teachers and Institutions to monitor Student performance and engagement with the SoftServe Services (where the Student information will be provided directly to the Teachers and Institution) a. Account
b. Profile
To manage our relationship with Users which will include Notifying User about changes to our terms or Privacy Policy a. Account
b. Contact
To administer and protect our business and this the Service (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) a. Account
b. Contact
c. Technical
To use data analytics to improve our services, customer relationships and experiences and to personalize SoftServe’s services a. Technical
b. Usage
To make suggestions and recommendations to User about services that may be of interest to Users and to provide Users with information, products or services they request a. Identity
b. Contact
c. Technical
d. Usage
e. Profile

To improve our Services including:

a) tracking email open rates, web page visits and form submissions)

b) To inform SoftServe as to what content is effective

c) To provide follower updates

d) To personalize SoftServe’s services

a) Identity
b) Contact
c) Profile
d) Usage
e) Technical

 

While using the SoftServe Services, You may have opportunities to post reviews or other Personal Information in forums on the Websites at Your own discretion. Please understand that when You post such information, it is made public and is not reviewed by SoftServe before it is posted to the Service. You should exercise caution when deciding to disclose any Personal Information in a publicly available forum such as the SoftServe Service and agree to indemnify SoftServe for any damages or claims resulting from any of Your postings. SoftServe is not obligated to monitor postings, however, may at its discretion remove any content submitted.

Disclosure of Your Personal Information

SoftServe will not sell or rent Your Personal Information to any other party and will only use and disclose Your Personal Information for the purposes for which it was collected as described in this Privacy Policy. You agree that SoftServe may disclose Your Personal Information in the circumstances set out below:

  • If You are a student, SoftServe may disclose Your Personal Information to Teacher and administrators at Your academic institution, including Your teachers and teaching assistants as required for the provision of the services;
  • SoftServe may share Your Personal Information with service providers who perform services on our behalf. For example, we may hire other companies to handle the processing of payments, collect debts, provide data storage, host websites, fulfill orders, assist in product marketing, and to conduct audits, etc. Those companies will be permitted to obtain only the Personal Information they need only as necessary to provide services to us. Each company is bound by agreement or obligations with SoftServe to implement and maintain reasonable security procedures and practices in order to use and disclose Your Personal Information in a manner consistent with the use and disclosure provisions of this Privacy Policy, unless You consent otherwise. These service providers are located in Canada, the United States, the Philippines and Europe and, as a result, Your Personal Information may be stored, processed or transferred into or out of these countries. We take all reasonable measures and precautions to protect Your Personal Information when it is being handled by our service providers. If You wish to obtain more information on our use of service providers and our policies and practices regarding such service providers, please contact us using the contact information set out below.
  • SoftServe may disclose Your Personal Information with Your prior consent, or the consent of Your parents if You are under 18 years old;
  • SoftServe may also disclose Account Information to the administration of any institution (at which You are a student or teacher) for administrative purposes including the right for the institution to compile a list of teachers who use the Services and contact such teachers in order to obtain references to evaluate an implementation of the Services.
  • SoftServe may also disclose Account Information to the administration of any institution (at which You are a Student or Teacher) for administrative purposes including the right for the Institution to compile a list of Students or Teacher who use the SoftServe Services, and contact such Teacher in order to obtain references to evaluate an implementation of the SoftServe Services.
  • SoftServe may also disclose Personal Information to third parties in connection with a corporate re-organization, merger or amalgamation, or the sale of all or substantially all of our assets, provided that, where appropriate, any party to whom the information is disclosed is bound by agreements or obligations, and required to use or disclose Your Personal Information in a manner consistent with the use and disclosure provisions of this Privacy Policy, unless You consent otherwise; or
  • SoftServe may be required by law to disclose Personal Information without Your consent in the event of emergency situations or when required by government, valid legal process, or other legal authority;

How to Opt-Out / Withdraw Consent

You can withdraw Your consent for the use of Your Personal Information at any time by requesting the deletion of Your Account or by providing written notice to us of that withdrawal. However, You acknowledge that information may be retained by SoftServe as described in the “Retention of Personal Information” below. You can also review and update Your Personal Information yourself through the user features in Your account (see further Access to Your Personal Information).

If You opted-in to receive marketing communications but at any time You do not wish to continue receive marketing communications, You may

  • follow the “unsubscribe” instructions included within each e-mail communication
  • select or deselect (depending on the service) the appropriate option in Your Account settings.
  • email [email protected] with subject line: Email Unsubscribe

Please keep in mind that, even if You choose not to receive marketing communications, You cannot opt-out of receiving transactional or account communications related to services or products that You have requested (e.g. purchase confirmation e-mails and receipts) or important updates from us from time to time relating to the SoftServe Services or updates to the legal terms that govern Your use of the SoftServe Services.

Retention of Personal Information

SoftServe maintains information about You for as long as we provide services to You, and for as long as it remains necessary for identified purposes or as required by law which may extend beyond the termination of our relationship with You.

We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as auditing, account recovery, or if required by applicable federal, state and provincial laws. All retained Personal Information will remain subject to the terms of this Privacy Policy. If You request that Your Personal Information be removed from our databases, it may not be possible to completely delete all Your Personal Information due to technological and legal constraints. However, we will take such steps as are reasonable to destroy the information or to ensure that the information is deidentified.

Safeguards We Have in Place

SoftServe stores and process Your Personal Information on our servers principally in Canada and the United States as well as internationally. Accordingly, Your data may be available to government bodies or their agencies in those jurisdictions under a lawful order, irrespective of the safeguards we have put in place for the protection of Your Personal Information.

SoftServe employs reasonable administrative, physical, and technical measures to ensure that Your Personal Information is secure. In addition, our dedicated team of information technology professionals works to maintain data accuracy and prevent unauthorized access to sensitive information. Unfortunately, no security system can be guaranteed to be 100% secure. Accordingly, we cannot guarantee the security of Your Personal Information.. The Internet is not a secure medium and You acknowledge and agree that the privacy of Your e-mail communication and Personal Information can never be guaranteed as any e-mail communication may be lost, intercepted or altered. By using our Websites, or providing Personal Information to us through any means, You agree that we can communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of the SoftServe Services.

Family Education Rights & Privacy Act (FERPA)

In the United States, the Family Educational Rights & Privacy Act, 20 U.S.C. § 1232(g), restricts the disclosure of personally identifiable information from a student’s education records, unless an exception applies. For U.S. users, SoftServe’s data protection and privacy policies and practices comply with FERPA and other applicable federal and state education privacy laws.

SoftServe maintains the confidentiality of FERPA-covered student data, and only uses this information to deliver and improve SoftServe Services provided to schools and their students, as provided in SoftServe’s agreements with schools. You may also have specific rights related to accessing and/or updating Your Personal Information when FERPA applies. Student Users may also edit Personal Information provided to SoftServe by accessing their account information and updating their settings.

In the event that any collected student Personal Information is inaccurate, Users have the ability to contact SoftServe Support via email or phone to request corrections. Prior to amending data, SoftServe will validate the user’s identity, and notify the Institution of the request if required by prior agreement.

For further information about FERPA compliance, or to access, modify, or remove any such data, please contact us at [email protected] To the extent that a provision in this Privacy Policy conflicts with a provision in FERPA or another state or federal education privacy law, SoftServe will abide by the more restrictive provision.

Access to Your Personal Information

You are responsible for updating and maintaining the truth and accuracy of the Personal Information You provide to us relating to Your Account. If You want to update the Personal Information You have provided to us, You should do so through your account with us.

Collection of Non-Personal Information

Non-personal information is data we collect through the use of the SoftServe Services and may include aggregate and de-identified data which does not identify any individuals and cannot be traced back or linked to an identifiable individual. Our privacy policy does not restrict or limit our collection and use of aggregate or de-identified information, or other types of non-personal information.

This usage data may include but is not limited to:

  • Number of sessions
  • Session times
  • Number of question responses
  • Number of active users
  • Number of question activations
  • Browser/platform and version number
  • Navigational data

SoftServe may use this information to conduct statistical analyses on students’ performance to study the effectiveness of the SoftServe Services and increase in-class learning. No identification of users will be revealed at any point to any third party. We do not sell, rent, trade or otherwise disclose personal and associated account information about our users.

SoftServe may retain aggregated, non-personally-identifiable data for auditing and statistical analysis.

You acknowledge and agree that from time to time SoftServe, and its service providers may collect non-personal information from Your use of the SoftServe Services such as server log files, environmental variables (such as MAC address, computer type (Windows or Macintosh), screen resolution, OS version, Internet browser, and Internet browser version) to collect non-personal information about our users in order to help us deliver better service and user experience. Such non-personal information could include the IP addresses or areas of site being clicked on most frequently.

Cookies

SoftServe and our service providers (including ad servers, outbound email vendors, affiliate vendors and search engine advertising agencies, and providers of web analytics tools) may also use “cookies” as well as so-called “pixel tags,” “web beacons,” “clear GIFs” and other similar technologies to help us deliver better service and user experience and to facilitate Your ongoing access to and use of the SoftServe Services. Cookies are files saved to Your computers through Your Web browser to enable websites or service providers systems to recognize Your browser and capture and remember certain information. SoftServe, like many other Web services, uses cookies to understand and save Your preferences for future visits and to compile aggregate data about site traffic and site interaction, so that we can offer better site experiences and tools in the future.

If You do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows You to automatically decline cookies, or to be given the choice of declining or accepting the transfer of a particular cookie, or cookies from a particular website, to Your computer. If You choose to reject all cookies, You may not be able to access the services. To learn more about cookies, please visit http://www.allaboutcookies.org/. You may find more information about opting out of most third-party service cookies at www.networkadvertising.org or other related sites. You may opt out of the DoubleClick cookie by visiting the Google advertising opt-out page or You may opt out of Google Analytics by visiting the Google Analytics opt-out page. Google has additional information available about their Remarketing Privacy Guidelines, and Restrictions.

SoftServe does not respond to Do Not Track signals on web browsers, as the industry has not settled on a Do Not Track Compliance standard.

Hyperlinks

Our Websites are connected by “hyperlinks” to other websites. You acknowledge and agree that SoftServe makes no representation, warranty, covenant, or claim regarding, and SoftServe expressly disclaims and denies any responsibility or liability for, directly or indirectly, the privacy practices on any third-party website or resource accessible by hyperlink from our Websites. You agree that the inclusion of any such hyperlink does not suggest, represent, warrant, covenant or imply that SoftServe monitors, endorses or exerts any control over such website or linked resource whatsoever. You agree that SoftServe provides these hyperlinks to You only as a convenience, and the inclusion of any hyperlink does not suggest, represent, warrant, covenant or imply affiliation, endorsement or adoption by SoftServe of any such website or linked resource whatsoever.

When You leave our Websites, You acknowledge and agree that our terms and policies do not govern Your access to, and use of, other websites. You acknowledge our recommendation to review the applicable privacy and data gathering practices, of any website or linked resource to which You navigate from our Websites.

Third Party Promotions

SoftServe may run advertisements and promotions from third parties on the SoftServe Services. Your correspondence or business dealings with, or participation in promotions of, advertisers other than SoftServe, found on or through the SoftServe Services, including payment and delivery of related goods or services, and any

other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. SoftServe is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-SoftServe advertisers on the Site.

Social Media Widgets

Our Websites may include Social Media Features, such as the Facebook button and Widgets, such as the Share this button or interactive mini-programs that run on our Websites. These features may collect Your IP address, which page You are visiting on our Websites, and may set a cookie to enable the feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our website. Your interactions with these features are governed by the privacy policy of the company providing it.

California Residents, California Consumer Privacy Act

If You are a resident of California, the applicable data protection legislation permits You to request that we tell You what Personal Information we hold about You, how we process it and that we provide You with a copy of that information. You are also entitled to access or (under certain circumstances) delete Your Personal Information. You can exercise this right free of charge. We may ask You to provide further information to confirm Your identity before considering Your request. For our full California Consumer Privacy Act Privacy Statement please review the information here: CCPA Information

In accordance with California Civil Code 1798.83, California residents are entitled to know that they may file grievances and complaints at California Department of Consumer Affairs, 400 R Street, Suite 1080, Sacramento, CA 95814, or by phone at 916-445-1254 or 800-952-5210; or by email to [email protected].

SoftServe does not sell or rent Users’ Personal Information with third parties for the third parties’ direct marketing purposes. Nonetheless, if You are a California resident, You may request information about the disclosure of Your Personal Information to third parties for the third parties’ direct marketing purposes by emailing us at [email protected].

For users in California, any third-party service providers are “service providers” under the California Consumer Privacy Act §1798.140(v) and may only use Your data only for the purposes defined under the applicable vendor agreement.

United Kingdom and European Union Residents

If You are a resident of the United Kingdom or the European Union, the applicable data protection legislation permits You to request that we tell You what Personal Information we hold about You and how we process it and that we provide You with a copy of that information. You are also entitled to access, rectify, change, update, delete, revoke, or improve upon Your Personal Information at any time. You can exercise this right free of charge. We may ask You to provide further information to confirm Your identity before considering Your request. In addition, for purposes of providing the SoftServe Services, You acknowledge that SoftServe may transfer Your personal data to servers located in Canada or other countries outside of the UK and the European Economic Area which provide for a different level of data protection. By using and continuing to use the SoftServe Services You agree to that transfer.

Minor

You represent that either:

(i) You are at least eighteen (18) years of age and You have the legal authority to enter into this Agreement;

(ii) If You are at least thirteen (13) years of age and less than eighteen (18) years of age, then You must ensure that Your parent or legal guardian read and accept this Privacy Policy, consent to Your use of the SoftServe Services, and agree to You providing any Personal Information in connection with the SoftServe Services on Your behalf, or otherwise consent to Your use of the SoftServe Service.

(iii) If You are (13) years of age or younger, then Your parent or legal guardian must provide written confirmation to Your Teacher that they have read and accepted this Privacy , consented to Your use of the SoftServe Services, and agreed to You providing any Personal Information in connection with the SoftServe Services. It is the sole responsibility of Teachers using SoftServe Services to engage with Students who are thirteen (13) years of age or younger to collect and validate such written consent – SoftServe is not responsible for monitoring or validating such consent.

If You have reason to believe that a child under 13 years old has provided SoftServe with Personal Information, and that child’s parents or school have not provided SoftServe with the adequate consent, please contact us at [email protected].

If you are a parent and would like to review the information we have collected from your child (i.e., his or her username and password), or if you would like to ask us to make no further use of, or delete, the information we have collected from your child, contact us as described below. In your request, please include your name and your child’s email address or username and specify the action you would like us to take. For your child’s protection, we may need to verify your identity before implementing your request.

Privacy Policy and Contact Information

If You have any questions about this Privacy Policy, concerns about how we manage Your Personal Information, or if you would like to make a complaint about how we manage Your Personal Information, please contact us by mail or email at:

SoftServe Privacy Office

2605-888 Carnarvon St.

New Westminster, BC

V4M 0C6

Email: [email protected]

We will endeavour to answer Your questions within a reasonable period of time and advise You of any steps taken to address the issues raised by You.

Interpretation of this Privacy Policy

This Privacy Policy does not create or confer upon any individual any rights, or impose upon SoftServe any obligations, in addition to any rights or obligations imposed by applicable federal and provincial privacy laws if You reside in Canada, or the Privacy Act in Australia. Should there be any inconsistency between this Privacy Policy and applicable federal and provincial privacy laws or the Privacy Act in Australia, this Privacy Policy will be interpreted to comply with the applicable privacy laws.

Unless otherwise stated above, any services provided by SoftServe is controlled and operated by us from Canada, and we do not intend that the SoftServe Services subject us to the laws or jurisdiction of any state, country or territory other than that of Canada. We do not represent or warrant that the services, or any part of the SoftServe Services, are appropriate or available for use in any particular jurisdiction. Those who choose to access the services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the SoftServe Services’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

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