Last updated on: Feb 25, 2021

ACADLY INC ('ACADLY INC', We, Us, Our), maker of Acadly Here, is committed to protecting your privacy. We have prepared this Privacy Policy to describe our practices regarding the personal information that may be collected from users of our products which post this Privacy Policy, including ACADLY INC's Acadly Here website (‘SITE’), iOS, Android, and other mobile applications ('APPS'), and other related educational services (collectively referred to as 'SERVICE'). By submitting personal information through our Site, Apps, or Services, you expressly consent to the processing of your personal information in the appropriate clusters (refer to the DATA PROCESSING, STORAGE, AND CLUSTERS section of this Privacy Policy document) in accordance with this Privacy Policy. The use of personal information collected through our service shall be limited to the purposes described in this Privacy Policy.

IMPORTANT FOR UNIVERSITY USERS

If you are a user (or a parent of a user) who was given access to the Services by the university you are affiliated with, this Privacy Policy does not govern your university's collection, use, or disclosure of personal information through the Site, Apps, or Service. We are not responsible for your university's collection, use, or disclosure of your personal information. Please contact your university to better understand your university's privacy practices. ACADLY INC will retain personal information we process on behalf of universities for as long as needed to provide services and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. ACADLY INC uses only de-identified and aggregated data for its own purposes.

DATA PROCESSING, STORAGE, AND CLUSTERS

ACADLY INC endeavours to comply with the laws regarding protection and processing of data of users of Acadly Here and hence deploys the application servers in various geographic locations. Each collection of these application servers is a Cluster. By default, users’ data is stored in Acadly Here’s US East Cluster (located in the US). However, if your account has been created as part of a custom agreement between ACADLY INC and your company/ university/ organization, your data may be stored in another cluster geographically located in another country. Users are entitled to knowing this information and can ask ACADLY INC about the geographical location of data storage by writing to us at here@acadly.com.

DATA YOU PROVIDE TO US

For Group Creators
When you register for a Group Owner (or Group Admin) account with the Service, you will provide Us information about yourself, such as your first name, last name, and email address. To enroll members in the group and to add other Group Administrators (‘administrators’), you will provide Us with the email addresses of the members/administrators. In providing Us with the email addresses of the prospective members/administrators of your group on the Service, you inherently agree that you have the consent of the owners of the provided email addresses. Until the owners of the provided email addresses set a password to use the Service, you also provide the Service the permission to communicate with the owners of provided email addresses subject to condition that the content of any communication will only be related to the group on Acadly Here of which the owners of the provided email addresses have been made members/administrators by you. For Group Members
We collect information from you, such as first and last name, e-mail, and password when you create an account to log in to our network. We also may retain information on your behalf, such as files and messages that you store using your account. If you provide Us feedback or contact Us via e-mail, We will collect your name and e-mail address, as well as any other content included in the e-mail. When you participate in one of our surveys, We may collect additional profile information. We also collect other types of personal information and demographic information that you provide to Us voluntarily.

DATA COLLECTED VIA TECHNOLOGY

To make our Site, Apps, and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, unique device identifiers, information about how you use our Site and Apps, and/or a date/time stamp for your visit. We also use cookies and web beacons (as described below) and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and the solutions and information for which you searched and which you viewed. Like most Internet services, We automatically gather this data and store it in log files each time you visit our Site, use our Apps, or access your account on our network. We may link this automatically-collected data to personally identifiable information. 'COOKIES' are small pieces of information that a website sends to your computer's hard drive while you are viewing a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. 'WEB BEACONS' are digital images we use to log information on our Site and in our emails. We use web beacons to manage cookies, count visits, and to learn what marketing works and what does not. We also use web beacons to tell if you open or act on our emails. 'ANALYTICS' - We use analytics services to help analyze how users use the Site and Apps. These services use cookies and scripts to collect and store information such as how users interact with our Apps, errors users encounter when using our apps, device identifiers, how often users visit the Site and Apps, what pages they visit, and what other sites they used prior to coming to the Site. We use the information we get from Google Analytics only to improve our Site, our Apps, and our Services. Please see the following links for more information about Google Analytics: Privacy Google Ads, Privacy, and Terms of Service for Google Analytics.

REGARDING BLUETOOTH, WIFI, AND LOCATION DATA

When you use our Site or Apps, we may collect and process information about your geographic location via Bluetooth and WiFi. To perform the intended function, we may seek your permission to access these adapters on your device. If such permission is not sought, it is possible that the operating system on your device does not necessitate this and automatically grants Acadly Here permission to do so.

On Android devices, it is possible that the Apps will seek your permission to access your “Location”. While it is necessary to provide this permission, we do not use or store your GPS location to capture attendance because Acadly Here’s attendance technology does not rely on GPS data. However, asking for “Location” permission is necessary since several versions of the Android OS include Bluetooth and WiFi permissions under the “Location” permission umbrella.

On iOS devices, location permission is not sought by the app. However, permission to access Bluetooth may be sought.

On both Android and iOS, if a user does not grant the app the necessary permissions, it is likely that the automatic attendance function will not work on their device. In such a case, attendance can also be registered manually by the Group Administrator or Group Owner.

USER GENERATED CONTENT

LINKS TO OTHER WEBSITES We are not responsible for the practices employed by websites linked by the members of a course to or from the Service, nor the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on the Service, is subject to that website's own rules and policies. Please read over those rules and policies before proceeding. ATTENDANCE DATA Attendance data, voluntarily provided by the users of the Service during the normal course of usage of the Service, is stored. This data is however visible only to group members (Group Owner, Group Administrators, Group Members) registered with the Service.

USE OF YOUR DATA

TO PROVIDE BETTER SERVICE AND SECURITY Personal information you submit to us is used either to respond to requests that you make, or to aid us in serving you better. ACADLY INC uses your personal information in the following ways: to create and maintain your account; to identify you as a user in our system; to operate, maintain, and improve our Site, Apps, and Services; to personalize and improve your experience; and to make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback with your permission.

TO REACH OUT We may contact you

Where we wish to use Your Personal Data in any other way, we will ensure that we notify you and get your consent first. You will be given the opportunity to withhold or withdraw your consent for the use of Your Data for purposes other than those listed in this Privacy Policy.

DISCLOSURE OF YOUR PERSONAL INFORMATION

We will share your personal information with third parties only in the ways that are described as follows or with your express consent. THIRD PARTY SERVICE PROVIDERS. We may share your personal information with third party service providers for the sole purpose of providing you with the Services that we offer you through our Site and Apps ('INTERNAL PURPOSES'). For example, we may share data with service providers who host our websites or provide email services on our behalf. OTHER DISCLOSURES. ACADLY INC may disclose information about you if it believes such disclosure is necessary to (a) comply with laws or to respond to lawful requests and legal process; or (b) protect or defend the rights, safety, or property of ACADLY INC, users of the Services, or any person including to enforce our agreements, policies, and terms of use, or (c) in an emergency to protect the personal safety of any person (collectively, 'a', 'b' and 'c', ENFORCEMENT PURPOSES'). We may also share information about you in connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction or proceeding involving sale, transfer, divestiture or disclosure of all or a portion of our business or assets to another company. In these circumstances, we will only share information with a company that has agreed to data privacy standards no less stringent than our own. In the event that information is shared in this manner, notice will be posted on our Site and/or Apps. We may also share de-identified and aggregated data with others for their own uses.

YOUR PERSONAL INFORMATION - YOUR RIGHTS AND CHOICES

RIGHTS. As a data subject, you have the following rights under Data Protection Legislation and we, as Data Controller in respect of Your Data, will comply with such rights in respect of Your Data:

These rights are explained in more detail below, but if you have any comments, concerns or complaints about our use of your Personal Data, please contact us (see 'CONTACT INFORMATION' below). We will respond to any rights that you exercise within a month of receiving your request, unless the request is particularly complex or cumbersome, in which case we will respond within three months (we will inform you within the first month if it will take longer than one month for us to respond). Where a response is required from us within a particular time period pursuant to Data Protection Legislation, we will respond within that time period.

Right to access Your Personal Data You may ask to see what Personal Data we hold about you and be provided with:

Requests for your Personal Data must be made to us specifying what Personal Data you need access to, and a copy of such request may be kept by us for our legitimate purposes in managing the Service. To help us find the information easily, please give us as much information as possible about the type of information you would like to see. If, to comply with your request, we would have to disclose information relating to or identifying another person, we may need to obtain the consent of that person, if possible. If we cannot obtain consent, we may need to withhold that information or edit the data to remove the identity of that person, if possible. There are certain types of data which we are not obliged to disclose to you, which include Personal Data which records our intentions in relation to any negotiations with you where disclosure would be likely to prejudice those negotiations. We are also entitled to refuse a data access request from you where (i) such request is manifestly unfounded or excessive, in particular because of its repetitive character (in this case, if we decide to provide you with the Personal Data requested, we may charge you a reasonable fee to account for administrative costs of doing so), or (ii) we are entitled to do so pursuant to Data Protection Legislation.

Right to update your Personal Data or correct any mistakes in your Personal Data You can require us to correct any mistakes in your Personal Data which we hold free of charge. If you would like to do this, please:

It is your responsibility that all of the Personal Data provided to us is accurate and complete. If any information you have given us changes, please let us know as soon as possible.

Right to ask us to stop contacting you with direct marketing We have a legitimate interest to send you electronic communications/direct marketing in connection with the Service and related matters (which may include but shall not be limited to newsletters, announcement of new features etc.). We may also ask you different questions for different services, including competitions. We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them. You can ask us to stop contacting you for direct marketing purposes. If you would like to do this, please:

We will provide you with information on action taken on a request to stop direct marketing - this may be in the form of a response email confirming that you have 'unsubscribed'. Unsubscribing from direct marketing does not unsubscribe you from essential electronic communications in respect of the administration of Your Account.

Right to restrict or prevent processing of Personal Data In accordance with Data Processing Legislation, you may request that we stop processing your Personal Data temporarily if:

If you exercise your right to restrict us from processing your Personal Data, we will continue to process the Personal Data if:

Right to data portability In accordance with Data Protection Legislation, you may ask for an electronic copy of your Personal Data that you have provided to us and which we hold electronically, or for us to provide this directly to another party. This right only applies to Personal Data that you have provided to us – it does not extend to data generated by us. In addition, the right to data portability also only applies where:

Right to erasure In accordance with Data Protection Legislation, you can use this form to request us to erase your Personal Data where:

We may continue to process your Personal Data in certain circumstances in accordance with Data Protection Legislation (i.e. where we have a legal justification to continue to hold such Personal Data, such as it being within our legitimate business interest to do so (e.g. retaining evidence of resolved support requests etc.). Where you have requested the erasure of your Personal Data, we will inform recipients to whom that Personal Data have been disclosed, unless this proves impossible or involves disproportionate effort. We will also inform you about those recipients if you request it

Right to complain to the DPC If you do not think that we have processed your Personal Data in accordance with this Privacy Policy, please contact us in the first instance. If you are not satisfied, you can complain to the DPC or exercise any of your other rights pursuant to Data Protection Legislation. Information about how to do this is available on the DPC website.

CHOICES. We offer you choices regarding the collection, use, and sharing of your personal information. When you receive newsletters or promotional communications from us, you may 'opt-out' by following the unsubscribe instructions provided in e-mails you receive from us or by contacting us directly at the contact information below. Most web browsers are set to accept cookies by default. If you prefer, you can typically remove and reject cookies from our Site with your browser settings. If you remove or reject our cookies, it will affect how our Site and Services work for you. When you visit the Site, we and others give you the following choices about use of mechanisms for tracking, including tracking of your online activities over time and across different websites and online services by third parties:

While we and others give you the choices described in this Privacy Policy, there are many ways web browser signals and other similar mechanisms can indicate your choice to disable tracking, and we may not be aware of or honor every mechanism. SECURITY OF YOUR PERSONAL INFORMATION. ACADLY INC uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Acadly Here or guarantee that your information on the Service may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. In the event that personal information is compromised as a result of a breach of security, ACADLY INC will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law.

WITHDRAWAL OF CONSENT. If you no longer consent to our processing of Your Data (in respect of any matter referred to in this Privacy Policy as requiring your consent), you may request that we cease such processing by contacting us (refer to 'CONTACT INFORMATION' section below). Please note that if you withdraw your consent to such processing, for example in respect of the use of cookies, it may not be possible for us to provide all/part of the Service to you. In the event that personal information is compromised as a result of a breach of security, ACADLY INC will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law.

BREACH REPORTING

We will notify serious data breaches in respect of Your Data to the DPC without undue delay, and where feasible, not later than 72 hours after having become aware of same. If notification is not made after 72 hours, we will record a reasoned justification for the delay; however, it is not necessary to notify the DPC where the Personal Data breach is unlikely to result in a risk to the rights and freedoms of natural persons. A Personal Data breach in this context means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise processed. We will keep a record of any data breaches, including their effects and the remedial action taken, and will notify you of any data breach affecting your Personal Data (which poses a high risk to you) when we are required to do so under Data Protection Legislation. We will not be required to notify you of a data breach where:

In the event of a serious data breach in respect of User Uploaded Data, we will notify the relevant Data Controller of such breach as soon as reasonably practicable.

CHILDREN'S PRIVACY

Acadly Here is, at the time of publishing this Privacy Policy, meant to be used by individuals of over 13 years of age. At the time of being registered in a group on Acadly Here either as a Group Administrator or Group Owner or as a Group Member, if the user is less than 13 years of age, it is the responsibility of the Group Owner to obtain necessary permissions from the said user's parents and inform ACADLY INC by writing to us at here@acadly.com ACADLY INC does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register with the Service. If we become aware that we have collected personal information from a child under age 13 without verification of parental consent, we will remove that information.

CONTACT INFORMATION

ACADLY INC welcomes your comments or questions regarding this Privacy Policy. Please e-mail us at here@acadly.com or contact us at the following address: Acadly Inc 8, The Green STE A, Dover, DE - 19901 United States

CHANGES TO THIS PRIVACY POLICY

ACADLY INC may change this Privacy Policy from time to time. If we make any changes to this Policy, we will change the "Last Updated" date above. If such changes are material, a notice of the changes will be posted along with the revised Privacy Policy, prior to the change becoming effective. We encourage you to visit this page from time to time for the latest on our privacy practices.