Last updated on: Feb 25, 2021
IMPORTANT FOR UNIVERSITY USERS
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 firstname.lastname@example.org.
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
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
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
- for administration reasons related to the Service (e.g. to provide you with password reminders or to notify you that a particular service, activity or online content has been suspended for maintenance, or in response to a question that you ask us);
- to provide you with information about our Service, activities or online content, including sending e-newsletters or similar correspondence and updates or responding to any contact you have made with us, e.g. on our website, by email or via the means provided in the 'CONTACT INFORMATION' section mentioned below;
- to invite you to participate in surveys about our services (participation is always voluntary)
DISCLOSURE OF YOUR PERSONAL INFORMATION
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:
- the right of access to Personal Data relating to you;
- the right to correct any mistakes in your Personal Data;
- the right to ask us to stop contacting you with direct marketing;
- the right to restrict or prevent your Personal Data being processed;
- the right to have your Personal Data ported to another data controller;
- the right to erasure; and
- the right to complain to the DPC if you believe we have not handled your Personal Data in accordance with Data Protection Legislation
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:
- a summary of such Personal Data and the categories of Personal Data held;
- details of the purpose for which it is being or is to be processed;
- details of the recipients or classes of recipients to whom it is or may be disclosed, including if they are overseas and what protections are used for those oversea transfers;
- details of the period for which it is held or the criteria we use to determine how long it is held;
- details of your rights, including the rights to rectification, erasure, restriction or objection to the processing; and
- any information available about the source of that data;
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:
- look for ways to do so directly via the Site or Apps
- email or write to us (see 'CONTACT INFORMATION' below);
- let us have enough information to identify you (e.g. name, registration details); and
- let us know the information that is incorrect and what it should be replaced with.
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:
- email or write to us (see 'CONTACT INFORMATION' below);
- click on the 'unsubscribe' button at the bottom of the electronic communication. It may take up to 15 days for this to take place; and
- let us know what method of contact you are not happy with if you are unhappy with certain ways of contacting you only.
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:
- you do not think that your Personal Data is accurate (but we will start processing again once we have checked and confirmed that it is accurate);
- the processing is unlawful but you do not want us to erase your Personal Data;
- we no longer need the Personal Data for our processing; or
- you have objected to processing because you believe that your interests should override the basis upon which we process your Personal Data
If you exercise your right to restrict us from processing your Personal Data, we will continue to process the Personal Data if:
- you consent to such processing;
- the processing is necessary for the exercise or defence of legal claims;
- the processing is necessary for the protection of the rights of other individuals or legal persons; or
- the processing is necessary for public interest reasons.
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 â€“ it does not extend to data generated by us. In addition, the right to data portability also only applies where:
- the processing is based on your consent or for the performance of a contract; and
- the processing is carried out by automated means.
Right to erasure In accordance with Data Protection Legislation, you can ask us (please see 'CONTACT INFORMATION' below) to erase your Personal Data where:
- if you had given us consent to process your Personal Data, you withdraw that consent and we cannot otherwise legally process your Personal Data;
- you object to our processing and we do not have any legal basis for continuing to process your Personal Data;
- your Personal Data has been processed unlawfully or have not been erased when it should have been; or
- the Personal Data have to be erased to comply with law.
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
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:
- 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.
- You may also render some web beacons unusable by rejecting their associated cookies. If you choose to decline cookies, certain features of the Sites and Services that placed the cookie may not function properly or at all as a result.
- If you do not wish for us to track emails we send you, some email services allow you to adjust your display to turn off HTML or disable download of images which should effectively disable our email tracking, or you may unsubscribe from our marketing emails as described above.
- You may opt out of tracking of certain information collected by Google Analytics, one of our analytics providers as discussed above, on the Sites by using any of the links shared in the relevant section above.
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:
- we have implemented appropriate technical and organisational measures that render the Personal Data unintelligible to anyone not authorised to access it, such as encryption; or
- we have taken subsequent measures which ensure that the high risk to data subjects is not likely to materialise; or
- it would involve disproportionate effort, in which case we may make a public communication instead.
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.