Privacy Policy
Welcome!
This is the Privacy Policy (the “Policy”) of the Learning Curve Group (“Learning Curve”) , comprising of: AMI Marketing (Pty) Ltd t/a Learning Curve
26 Worcester Street, Hout Bay, Cape Town, South Africa, 7806 Learning Curve Privacy Officer
Glen Lumley glen@learningcurve.co.za
Learning Curve Mauritius Ltd
H12 Home Scene, Healthscape, Mauritius hello@learningcurveglobal.com
We respect your privacy and take the protection of personal information very seriously. The purpose of this policy is to describe the way that we collect, store, use, and protect your personal information.
We collect personal and optional information that you provide when you:
- visit our website located at www.learningcurveglobal.com or orders portal
- order licenses, enter competitions or take advantage of promotions
- respond to surveys
- register for any other goods or services
- provide us with goods or services
- communicate with us
- provide us with your consent to market directly to you.
Learning Curve wants you to know we take your privacy and protection of personal information very seriously. We have adopted this Policy to tell you about who we are, what personal information we collect from you and about you, and what we do with your personal information. The Policy also explains your privacy and data rights under the law, and how you can contact us and the necessary authorities to enforce those rights. We ask that you please read it carefully.
Some Terms
Before we get started with the details, here are a few important terms we think you should know as you read this Policy.
“Data Protection Laws” refers to the laws that are designed to protect your Personal Information and privacy in the place where you live. These include: (1) the Australian Privacy Act 1988 (as amended, the “Privacy Act”); (2) the “GDPR”, the European Data Protection Law which stands for “General Data Protection Regulation”, with the official name Regulation (EU) 2016/679 of the European Parliament and of the Council; (3) the California Consumer Privacy Act (“CCPA”) which applies to our activities in the United States in certain circumstances; (4) South Africa’s Protection of Personal Information Act, 2013
(“POPIA”) which applies to processing of Personal Information we do within the Republic of South Africa; and (5) the “UK GDPR” which applies to our activities in the United Kingdom; please note that when this Policy refers only to the “GDPR”, this includes the UK GDPR as applicable. Learning Curve is committed to adhering to these Data Protection laws, and any other applicable Data Protection Laws.
“Personal Information” or “Personal Data” – this is information we collect from you or about you and which is defined in the GDPR as “any information relating to an identified or identifiable natural person.” It can be as simple as your name or your email, or something more complicated like an online identifier (usually a string of letters and / or numbers) that gets attached to you. Under the Privacy Act, the UK GDPR, POPIA and the CCPA the equivalent concept is “personal information”, which is roughly the same, except that in POPIA, “personal information” of juristic persons is also protected. Any mention of “Personal Information” in this Policy shall also mean personal information.
Under the GDPR, Learning Curve is a “Data Controller”, and under POPIA Learning Curve is a “Responsible Party”. Either term means that we collect Personal Information about you and determine the purpose and means of “processing” that data.
“Processing” is a broad term that means collection, use, storage, transfer or any other action related to your Personal Information; it is used in this Policy in that way.
Your Rights
You have the following rights regarding your Personal Information held by Learning Curve, and other privacy rights. Please note that not necessarily all of these rights may be available to you; this depends on the Data Protection Laws where you are located that apply to you. These rights may be exercised without affecting the price you pay for any of the products or services we offer. Notwithstanding that, exercising certain of these rights may affect your ability to use some or all of the products or services.
- The right to be notified that Personal Information about you is being collected and to be notified when Personal Information has been accessed or acquired by an unauthorised person;
- The right to withdraw at any time your consent for Learning Curve to process your Personal Information (provided that we may still continue to Process such Personal Information if the relevant Data Protection Laws permit us to do so);
- The right under certain circumstances to have your Personal Information erased from Learning Curve’s records;
- The right to access your Personal Information and any relevant information around its Processing and use;
- The right to have a copy of your Personal Information given to you in an easy-to-read format so that you can transfer it to another responsible party;
- The right to have your Personal Information corrected or updated if you believe it is inaccurate or out of date;
- The right to object, on reasonable grounds, relating to your particular situation, to the Processing of your Personal Information;
- The right to opt out of marketing communications we send you, at any time;
- The right to know whether Learning Curve sells or shares your Personal Information (and if so, who gets it). Please refer to that information elsewhere in this Policy, though you can contact our Privacy Officer if you need additional information or clarifications;
- The right to demand that Learning Curve not sell your Personal Information;
- The right to restrict the processing of your Personal Information if it is inaccurate or if our processing or use of it is against the law;
- The right to refuse any marketing or advertising targeted at you by Learning Curve; and
- The right to institute civil proceedings regarding the alleged interference with the protection of your Personal Information.
If you wish to exercise any of these rights, please contact our Privacy Officer at the contact information above, or refer to certain relevant sections further in this Policy.
Personal Information Collected from You and What We Use It For
In the table below, please find the Personal Information we may collect from you directly, what we use it for, and the legal basis under the GDPR and POPIA for us having and processing this Personal Information. Where the legal basis is your informed consent, by submitting this Personal Information you acknowledge having granted this consent to Learning Curve. To the extent that we process any of the below mentioned Personal Information before the commencement date of the data protection legislation relevant to your jurisdiction, you consent to us continuing to process such Personal Information in accordance with this Policy.
*Please note that Billing Information and Payment Information is never stored on any servers or other equipment controlled by Learning Curve. While it may be collected through the website operated by us, it is stored on servers and other equipment managed by the Payment Processors and Payment Facilitators described below in this Policy.
Where you are required to provide Personal Information to further the contract between you and us, if you fail to provide such Personal Information we may no longer be able to provide certain services or products to you.
Personal Information Collected About You from Third Parties and What We Use It For
We generally do not get any Personal Information about you from third parties. Exceptionally, the following may occur:
- We may receive your Personal Information from external leads such as Adobe and/or Primal Pictures;
- We may receive your Personal Information from our resellers; and
- To the extent that analytics and advertising identifiers are generated from third parties, these may be considered Personal Information collected from third parties, and you can find details about that further below in this Policy.
Sensitive Personal Information
We do not collect any of what the GDPR or POPIA considers sensitive Personal Information (“special personal information” under POPIA) from you, unless you voluntarily submit it to us, which we encourage you not to do.
Who We Transfer Your Personal Information To
We routinely share some of your Personal Information with certain types of third parties who are identified in the table below along with what they do with it. These may be referred to as “sub- processors”. Some of these third-party Personal Information recipients may be based outside your home jurisdiction. If you are in the European Economic Area or the U.K. or the Republic of South Africa, please see the “Transfer of Your Personal Information Outside of the European Economic Area, the UK or the Republic of South Africa” further down in this Policy for more information including on how we safeguard your Personal Information when this occurs.
We will share Personal Information with law enforcement or other public authorities if: (1) we are required by applicable law in response to lawful requests, including to meet national security or law enforcement requirements; (2) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person, or any violation of Learning Curve’s terms and conditions under which it makes products and services available to you; or (3) if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of our services infrastructure or the Internet in general (such as voluminous spamming or denial of service attacks).
We may also share Personal Information: (1) to a parent company, subsidiaries, joint ventures, or other companies under common control with Learning Curve (in which case we will require such entities to honour this Policy); or (2) if Learning Curve merges with another entity, is subject to a corporate reorganization, sells or transfers all or part of its business, assets or shares (in which case we will require such entity to assume our obligations under this Policy, or inform you that you are covered by a new privacy policy); or (3) to professional advisors such as accountants, auditors and lawyers, where we deem this necessary.
We do not sell or rent your Personal Information to any third party for direct marketing purposes or any other purpose.
Learning Curve Advertising and Opting Out
Learning Curve is continuously evaluating and modifying our use of various advertising networks, which may change from time to time. In this section you will find all the advertising networks that Learning Curve currently uses and instructions for opting out of them. If we do additional advertising in the future, this section will be updated.
Learning Curve uses Google analytics (GA4), Google Tag Manager and Google Search Console and by visiting or using our website you consent to this use, provided that you have the option to opt out of this use via the cookie banner on our website. Provided you do not opt out, Learning Curve uses Google Analytics and Pulse which deliver you advertisements that will be of particular interest to you, based on your browsing and activity history interacting with our website, including Remarketing with Google Analytics, Google Analytics Demographics and Interests Reporting and Google Display Network Impressions Reporting. These advertisements will appear on third-party websites around the web. You may also prevent this type of advertising by deleting the appropriate Google Analytics and Pulse cookie through your browser (though this may not be permanent) or by visiting https://tools.google.com/dlpage/gaoptout to opt out of being tracked by Google Analytics across the Services, or by changing your ads settings by visiting https://adssettings.google.com, or by visiting http://optout.networkadvertising.org/ or http://www.networkadvertising.org/mobile-choice. For more information on the privacy practices of Google and Pulse please visit https://policies.google.com or https://www.pulseadvertising.com.
Limited Gathering of Information for Statistical, Analytical and Security Purposes
Learning Curve collects certain information using “Third-Party Analytics Programs” such as Google Analytics to help us understand how our users use the website and services, provided that you are entitled to opt out of this use via the cookies banner on our website. None of this information identifies you personally, except via an alphanumeric string. For example, each time you visit the website, and provided you haven’t opted out, we collect (as applicable) your IP address, browser and computer or device type, access times, the web page from which you came, the web page(s) or content you access, and other related information. We use information collected in this manner only to better understand your needs and the needs of website visitors and services users in the aggregate. Learning Curve also makes use of information gathered for statistical purposes to keep track of the number of visits to the website, the specific pages on the website, and users with a view to introducing improvements to the website and services.
Your IP address and other relevant information we collect using the Third-Party Analytics Programs may be used in order to trace any fraudulent or criminal activity, or any activity in violation of our terms and conditions.
Tracking Technology (“Cookies” and Related Technologies)
Learning Curve uses tracking technology including performance “cookies” and related technology such as tags, pixels and web beacons) on the website and by interacting with the website you agree to their use. You may opt out of this use but if you do so you may be prevented from making use of the website and/or our services. Cookies are small text files placed on your computer or device when you visit a website or use an online service, in order to track use of the website or service and to improve the user experience by storing certain data on your computer or device.
Specifically, we use cookies and related technologies for the following functions:
- to enable your logging-in to the services and track your logged-in status to the services;
- for the proper functioning of the services, including the proper functioning of payment processing and payment facilitating;
- to provide general internal and user analytics on the website and to conduct research to improve the content of the services using the Third-Party Analytics Programs as described above in this Policy;
- to facilitate the advertising described above in this Policy; and
- to assist in identifying possible fraudulent activities.
Your browser can be set to refuse cookies or delete them after they have been stored. You can refer to your browser’s help section for instructions.
Email Communications and Compliance with Anti-Spam Laws
Learning Curve uses Pulse to manage our mailing list and send out our newsletters where you have opted in for this the “Email Service Provider”). Personal Information is transferred to the Email Service Provider in order to manage the mailing list and for the emails to be sent out properly.
You may unsubscribe from Learning Curve’s mailing list at any time, by following the link at the bottom of all Learning Curve emails. Other types of emails, such as transactional, relational, and other emails related to certain Services functions will not have an opt-out option as they are necessary for the use of the services.
Learning Curve’s practices in regard to its email are designed to be compliant with anti-spam laws, including Australia’s Spam Act 2003 and the American CAN-SPAM Act. If you believe you have received email in violation of these laws or any other anti-spam law, please contact us using the contact information further up in this Policy.
August 2021 | Version 2.0
We are Ami Marketing (Pty) Ltd t/a Learning Curve (Registration number 2020/736291/07) and this is our policy when it comes to protecting your privacy. We respect your privacy and take the protection of personal information very seriously. The purpose of this policy is to describe the way that we collect, store, use, and protect information that can be associated with you and can be used to identify you (personal information).
We have implemented a large number of technical and organisational measures with the aim of ensuring that your personal data processed via our websites and orders portal is provided with all round security.
We collect personal and optional information that you provide when you upload or download content from our websites or orders portal when you order licenses, enter competitions, take advantage of promotions, respond to surveys or register for any other goods or services.
This policy applies to you if you are:
- a visitor to our websites or ordering portal (Market Place); or
- a customer or end user who has ordered or requested the goods or services that we provide or
- a participant in any of our competitions, promotions or surveys.
Personal Information
Personal information includes:
- certain information that we collect when you purchase from our website or ordering portal;
- certain information collected on submission (e.g. for entry to a competition or promotion); and
- optional information that you provide to us voluntarily (e.g. over the phone);
but excludes:
- information that has been made anonymous so that it does not identify a specific person;
- permanently de-identified information that does not relate or cannot be traced back to you specifically;
- non-personal statistical information collected and compiled by us; and
- information that you have provided voluntarily in an open, public environment or forum including any blog, chat room, community, classifieds, or discussion board. Because the information has been disclosed in a public forum, it is no longer confidential and does not constitute personal information subject to protection under this policy.
Common examples of the types of personal information which we may collect and process include your:
- identifying information – such as your name
- contact information – such as your phone number or email address;
- address information – such as your physical or postal address;
Optional information
You may also provide additional information to us on a voluntary basis (optional information). This includes content or products that you decide to upload or download from our website or when you enter competitions, take advantage of promotions, respond to surveys, or order certain additional goods or services that may request additional information (e.g. a student number)
Data Collection
We collect the IP address from which you access our website; the browser version you use to do so, the date and time of access, the website from which you visited our website. The data recorded by this method will be used for data security purposes and to protect you against hacking attacks on our website infrastructure and for statistical analysis. This data will not be used to create individual user profiles and it will not be forwarded to third parties.
We use Cookies to provide functionality for the third-party tools we use. Cookies are small data files saved on your computer. Session Cookies are cookies which are only saved on your computer for the duration of an internet session and which are needed for transactions. These cookies are necessary for user authentication and security purposes.
Customer Data
To open a Learning Curve Market Place (LCMP) account and to log in we processes your name, contact details, payment detail and address. Other personal data is provided on an optional basis. You provide us with the data on the basis of the contractual relationship between you and us. At the same time, our responsibility arises from the protection of your identity and the prevention of fraud attempts.
The nature and scope of customer data processed depends on the goods and services chosen by you (the reseller or end customer). It may include such fields as: company name, terms of payment, country, email address, number of licenses, subscription start date, subscription end date, billing type, billing start date, contract id, payment type and other information related to subscriptions, services, billing and set up, such as phone numbers and IP addresses.
Purpose for Collection
We may use or process any goods or services information, or optional information that you provide to us for the purposes of bringing the goods or services into usable condition (e.g. activating a software license). We may also process your personal information for other purposes, including:
- marketing purposes – such as pursuing lawful related marketing activities;
- business purposes – such as internal audit, accounting, business planning, and
- legal purposes – such as handling claims, complying with laws, or pursuing good governance.
Consent to Collection
We will obtain your consent to collect personal information:
- in accordance with applicable law;
- when you provide us with any registration information or optional information.
Use of Your Personal Information
Our Obligations
We may use your personal information to fulfil our obligations to you.
Messages and Updates
We may send administrative messages and email updates to you about the website. In some cases, we may also send you promotional messages about our products and services. You can choose to opt-out of promotional messages at any time.
Disclosure
Sharing
We may share your personal information with our goods or services providers under contract who help provide certain goods or services or help with parts of our business operations e.g. the registration, activation and renewal of a software license);
Regulators
We may disclose your personal information as required by law or statutory audit.
No Selling
We will not sell personal information. No personal information will be disclosed to anyone except as provided in this privacy policy.
Employees
We may need to disclose personal information to our employees that require your personal information to do their jobs. These include our responsible management, human resources, accounting, audit, compliance, information technology, or other personnel.
Change of Ownership
If we undergo a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, we may assign our rights to the personal information we process to a successor, purchaser, or separate entity. We will disclose the transfer on the website. If you are concerned about your personal information migrating to a new owner, you may request us to delete your personal information.
Security
We take the security of personal information very seriously and always do our best to comply with applicable data protection laws. Our hosting company will host our websites and orders portal in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders. We authorize access to personal information only for those employees who require it to fulfil their job responsibilities. We implement disaster recover procedures where appropriate.
Accurate and Up to Date
We will try to keep the personal information we collect as accurate, complete and up to date as is necessary for the purposes defined in this policy. From time to time we may request you to update your personal information with us. You are able to review or update any personal information that we hold on you by emailing or phoning us. Please note that in order to better protect you and safeguard your personal information, we take steps to verify your identity before granting you access to your account or making any corrections or updates to your personal information.
Retention
We will only retain your personal information for as long as it is necessary to fulfil the purposes explicitly set out in this policy. During the period of retention, we will continue to abide by our non-disclosure obligations. We may retain your personal information in physical or electronic records.
Limitation
We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third-party websites.
Acceptance
Deemed Acceptance
By accepting this policy, you are deemed to have read, understood, accepted, and agreed to be bound by all of its terms.
Your Obligations
You may only send us your own personal information or the information of another data subject where you have their permission to do so.
Changes
We may change the terms of this policy at any time by updating this web page. We will notify you of any changes by placing a notice in a prominent place on the website or by sending you an email detailing the changes that we have made and indicating the date that they were last updated. If you do not agree with the changes, then you must stop using the website and our goods or services. If you continue to use the website or our goods or services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted those updated terms.
Enquiries
If you have any questions or concerns arising from this privacy policy or the way in which we handle personal information, please contact us at admin@learningcurve.co.za
