Privacy Notice

Last Updated: March 18, 2024

Last Reviewed: March 18, 2024

Welcome to the website www.skilljar.com (part of the “Site,” as defined in the Membership and Use Agreement) of Skilljar Inc. (“we”, “us” or “our”). This Privacy Notice applies to the Site and Services (as defined in the Membership and Use Agreement) and describes the information that we collect on the Site and through the use of our Services, how we use it, how we protect it, and the choices you can make about your information.

The terms of this Privacy Notice apply to all users of the Site. If you do not agree with the terms of this Privacy Notice or the Terms (as defined in the Membership and Use Agreement), you should immediately stop using or visiting the Site.

Information We Collect

We collect the following types of information in the manner described below.

1. You may voluntarily provide us with information, including:
   • Your name, email address, and any other information that you provide in registering to use the Site and Services;
   • Information when you contact us; and
   • Any other information you voluntarily provide us within using the Site and Services, including comments and other content.
2. We automatically collect other information about you, including:
   • Your Internet Protocol address;
   • Domain name of your Internet service provider;
   • Your approximate geographic location;
   • The Site pages that you visit and the time of your visits; and
   • Aggregated information that cannot be used to specifically identify you when you use or visit the Site and Services.
3. We may combine all of the information we collect from or about you and use it in the manner described in this Privacy Notice.

The information we have collected that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly with a particular individual or device (“personal information”) within the last twelve months includes the following categories:

“Personal information” does not include: publicly available information from government records; deidentified or aggregated information; and information excluded from the scope of the California Consumer Privacy Act of 2018 (“CCPA”), as amended by the California Privacy Rights Act of 2020 (“CPRA”). Additionally, Skilljar does not use or disclose any sensitive personal information at this time.

You, directly and indirectly, are the source of the categories of personal information listed above. For example, we may obtain information from you directly through the forms you complete using the Site and/or Services. We also automatically collect information as you use our Site which may include IP addresses, and information collected through cookies, web beacons, and other tracking technologies. In any cases where the personal information above is provided to us, we will process that information in accordance with applicable laws.

How We Use Your Information

We may use or disclose the information that we collect for one or more of the following business purposes, which do not require that we share the collected information with any third parties apart from our service providers (“internal processing purposes”):

• The purposes for which you provided it;
• To administer and provide you with information about your account;
• To send you information about your relationship with us;
• To develop new services;
• To process and respond to your inquiries and comments;
• To personalize and enhance your experience using the Site and Services;
• To generate and review reports and data about our user base and service usage patterns;
• To compile aggregate data for internal and external business purposes;
• To administer, operate and improve the Site and Services and for internal business purposes.

We may also use or disclose the information that we collect for one or more of the following business purposes, which do require that we share the collected information with certain third parties in accordance with applicable law (“compliance processing purposes”):

• To prevent fraud and abuse of the Site and Services and to otherwise protect members and visitors and our business;
• To respond to law enforcement requests as required by applicable law, court order, or governmental regulations;
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale of transfer of some or all of our assets.

Further, we may also use or disclose the information that we collect for one or more of the following marketing or advertising purposes:

• Advertising and marketing our products and services to you, which may include contextual advertising, tailoring advertisements displayed to you on our Services and elsewhere based on your interests and history with us, and personalizing the advertisements you see on third-party platforms and websites; 
• Enabling our marketing partners to follow up regarding products or services in which you have expressed interest when you sign up for a program hosted by Skilljar or a Skilljar marketing partner.

We will not collect additional categories of personal information or use personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

How Your Information is Disclosed

Personal information may be disclosed to third parties for the purposes described in this Privacy Notice. When we disclose personal information to a third party, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any other purpose. Please note that a user may choose not to share certain information as described in Your Choices Regarding Your Information below. We may share personal information with the following categories of parties:

1. Third Party Service Providers and Business Partners. We may use third party service providers and business partners to perform functions in connection with the Site and Services. Examples include account management ticketing and sending you notifications of key platform improvements via email. We only share information about you that they need to perform their functions and they are not allowed to use your information for any other purposes.
2. Marketing Partners. We may disclose certain personal information with our marketing partners and service providers for purposes of “cross-context behavioral advertising,” or targeted advertising regarding Skilljar's products and services based on personal information that we obtain from your activity across distinctly branded websites or services. Additionally, from time to time, Skilljar may host or co-present webinars and other public presentations with our marketing partners. We may sell personal information that is submitted to us in connection with such hosted or co-presented materials to our marketing partners. For more information about our sale or use of personal information for targeted advertising, please see the section titled “Your Rights and Choices Regarding Your Personal Information” below.
   
3. Business Changes. If we become involved in a merger, acquisition, sale of assets, bankruptcy, reorganization, dissolution, or other transaction or if the ownership of all or substantially all our business otherwise changes, we may transfer your information to a third party or parties in connection therewith.
4. Investigations and Law. We reserve the right to investigate any possible fraud and abuse on the Site and Services and enforce and apply the Terms. We may disclose information about you to third parties if we have a good faith belief that such disclosure is reasonably necessary to:
   • Take action regarding suspected illegal activities;
   • Enforce or apply the Terms;
   • Comply with the law or guidance and cooperate with government or law enforcement officials or private parties;
   • Protect our rights, reputation, safety, and property, or that of users or others;
   • Respond to claims and legal process (for example, subpoenas); and/or
   • Protect against legal liability.
5. Anonymous Aggregated Information. We may share anonymous aggregated information relating to users of the Site and Services with affiliated or unaffiliated third parties.
6. Cookies, Other Storage and Web Beacons. Please see Cookies, Other Storage and Web Beacons below.

All our service providers and business partners are required not to retain, use, or disclose personal information that we provide to them except for the specific business purposes and services specified in our contracts with those service providers and business partners, and as expressly permitted by applicable data protection laws.

Cookies, Other Storage and Web Beacons

We, along with our third-party service partners and business partners, use cookies, other storage, and Web beacons. These technologies are used for tracking, analytics and personalization and optimization of the Site and Services.

1. Cookies: Cookies are small bits of information that are transferred to and stored in separate files within your computer’s browser. You can instruct your browser to stop accepting cookies. But if you do not accept cookies, you may not be able to use all portions or all functionality of the Site and Services.
   
   • Persistent cookies remain on the visitor’s computer after the browser has been closed.
   • Session cookies exist only during a visitor’s online session and disappear from the visitor’s computer when they close the browser software.
2. Other Storage: Flash cookies (also known as local stored objects) are data files that can be created on your computer by the websites you visit and are a way for websites to store information for later use. Flash cookies are stored in different parts of your computer from ordinary browser cookies. You can disable the storage of flash cookies. For additional information about managing and disabling flash cookies, please visit http://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html.
   
3. Web Beacons: Web beacons are small strings of code that provide a method for delivering a graphic image on a Web page or in an email message for the purpose of transferring data. You can disable the ability of Web beacons to capture information by blocking cookies.
   

We use Google Analytics to better understand who is using the Site and how people are using it. Google Analytics uses cookies to collect and store anonymous information such as Site pages visited, time spent on each Site page, Internet Protocol address and type of operating system used. We use this information to improve the Site. Please see https://tools.google.com/dlpage/gaoptout for information about Google Analytics Opt-out Browser Add-on.

Security

While we take reasonable measures to protect the information you submit via the Site and Services against loss, theft and unauthorized use, disclosure, or modification, we cannot guarantee its absolute security. Please keep your password secure. Do not share your password with anyone else. No Internet or email transmission is ever fully secure or error free. You should use caution whenever submitting information online and take special care in deciding with which information you provide us.

Links to Other Sites

This Privacy Notice applies only to the Site and Services. The Site may contain links to third-party websites that we do not own or operate. We do not guarantee that we have endorsed or reviewed any links to third-party websites. The notice we describe here does not apply to third-party websites. We cannot control nor are we responsible for the privacy practices or content of these third-party websites. We suggest contacting these websites directly for information on their privacy policies.

Your Rights and Choices Regarding Your Information

If you are located in certain states in the United States or in the European Union or the United Kingdom, you may have certain privacy rights under the law of your jurisdiction.

‍Privacy Rights in Colorado, Connecticut, Oregon, Texas, Utah, and Virginia

‍This section describes the rights provided to users who qualify as “consumers” under the Colorado Privacy Act, the Connecticut Data Privacy Act, the Oregon Consumer Data Privacy Act, the Texas Data Privacy and Security Act, the Utah Consumer Privacy Act, and the Virginia Consumer Data Privacy Act (collectively, “State Privacy Laws”), and explains how you can contact us to exercise those rights.

If you reside in Colorado, Connecticut, Oregon, Texas, Utah, or Virginia, under your applicable State Privacy Laws, you have the right to know what personal information we have collected about, to request that we provide access, correct, or delete your personal information, that your personal information be provided in portable form, and non-discrimination for your exercise of any of the rights provided to you under law. We do not collect or use personal information for targeted advertising at this time, nor do we process personal information for automated-decision-making purposes. If we begin to do so, however, you will also have the right to restrict the use of that personal information for targeted advertising, and to restrict or opt out of the sale of that personal information or the processing of your personal information for automated-decision-making purposes.

You may submit any requests to exercise your rights as specified in the “Exercising Data Subject Rights” section below.

Privacy Rights in California

You have rights to request access to specific information, data portability and deletion, as described below. These rights are not absolute, and in some instances, we may decline your request as permitted by law. Skilljar may ‘sell’ or ‘share’ your personal information with third parties for purposes of targeted advertising. For information about exercising your right to opt out of the sale or sharing of personal information under the CCPA, please refer to the section “Exercising Data Subject Rights” below.

1. Access to Specific Information and Data Portability. You can request the following information about how we have collected and used your personal information during the past 12 months:some text
   • The categories of personal information we collected about you.
   • The categories of sources for the personal information we collected about you.
   • The business or commercial purpose for which we collected your personal information.
   • The categories of third parties with whom we share the personal information.
   • The categories of personal information that we disclosed for a business purpose.
   • The categories of third parties to whom the personal information was disclosed for a business purpose.
   • A copy of the specific pieces of personal information we collected about you (also called a data portability request).
2. Deletion/Correction. You can request that we delete or correct the personal information that we collect from you.

In addition to the rights above, you have the right to exercise your rights free from discrimination prohibited by the CCPA. Examples of discriminatory actions that we are not permitted to take under California Privacy Laws in response to a consumer’s lawful exercise of their rights regarding their personal information include:

• Denying you goods or services.
• Charging you for services or impose penalties.
• Providing you a different level or quality of goods or services.
• Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
• Otherwise retaliating against you, if you are our employee or independent contractor, or if you have applied to work for us.

“Sale” and “Sharing” of Personal Information

State Privacy Laws require that we notify you if we use your personal information for “targeted advertising”; this includes the CCPA, which requires that we provide transparency about personal information we “sell” or “share.” As used herein, and for purposes of the CCPA, “sale” means a transaction in which we disclose personal information of a California resident to third parties in exchange for valuable consideration. “Targeted advertising” or “sharing” means selecting advertisements based on personal information obtained from activities of a consumer subject to State Privacy Laws across unaffiliated websites to display certain advertisements to that consumer. 

From time to time, Skilljar may host or co-present webinars and other public presentations with our marketing partners. We may sell personal information that is submitted to us in connection with such hosted or co-presented materials to our marketing partners. Additionally, we may share certain personal information for cross-context behavioral advertising to show you targeted advertisements. We do not knowingly sell or “share” personal information about consumers under the age of 16.

In the preceding 12 months preceding the date on which this Privacy Notice was last updated, we have “shared” the following categories of personal information with the following categories of third parties:

For information about how to opt-out of such “sharing,” please refer to the section “Exercising Data Subject Rights” below.

EU/UK Data Subject Rights

1. Lawful Grounds. If you reside in the European Economic Area or Switzerland (collectively the “EU”), we rely on the following lawful grounds under the General Data Protection Regulation (“GDPR”) to process (collect, store, and use) your personal data: (a) it is necessary for the performance of a contract with you; (b) our or a third-party’s legitimate business interest; or (c) your consent. Our Subscribers determine the lawful grounds for the processing of personal data submitted through their use of our Services and we limit such processing to our Subscribers’ instructions.
2. Data Transfer Notice. We are located in the United States and transfer your personal data for processing in the United States. We make the transfer to the United States in the absence of an adequacy decision because it is necessary for the performance of a contract with you, or with your explicit consent. We also use model contractual clauses with our Subscribers to provide adequate protection for the transfer and processing of your personal data in the United States.
3. Individual Rights and Data Requests. We provide tools to our subscribers to respond directly to data subject requests to access, transfer, rectify or erase their personal data, or to restrict or object to the processing of their personal data. You may also contact us at support@skilljar.com to request access to, transfer of, and rectification or erasure of your personal data, or restriction of processing, or to object to processing of your personal data. Please specify the nature of your request and the information that is the subject of your request. We may require you to submit additional information necessary to verify your identity and status as an EU data subject. If we are processing your personal data for a Subscriber, we will forward your request to our Subscriber and assist the Subscriber in responding within 30 days. If you are a visitor to our Site, we will respond to your request directly within 30 days. If we are processing your personal data based upon the lawful ground of your consent, you have the right to withdraw your consent for such processing at any time without affecting the lawfulness of processing based on consent before it is withdrawn. To withdraw consent, email us at support@skilljar.com.
4. Retention. At a minimum, we will retain your personal data for as long as necessary for the purpose in which it was collected such as to perform a contract, for our or a third-party’s legitimate interest, or your consent.

Note that we are based outside of Europe, and we do not meet the necessary criteria to qualify as a data controller or data processor subject to the GDPR as per its Article 3(2). As such, we do not have an EU representative at this time.

Opting out of the Sharing of your Personal Information

You can opt out of the sharing of your personal information at any time by visiting the “Cookies Settings” link at the bottom of the page, or scroll to the link by clicking here. Additionally, we recognize and honor the Global Privacy Control opt-out preference signal, and will automatically opt you out of sharing if we receive a Global Privacy Control signal from you that reflects your choice to do so. Note that this is a browser-specific opt-out; as such, it may become ineffective if you clear or block your cookies, or if you visit Skilljar’s website using different browsers.

Exercising Data Subject Rights

Residents of California, Virginia, Colorado, and Texas are entitled to request to exercise their rights as a consumer or a data subject up to twice in a 12-month period, while residents of Connecticut, Utah, or Oregon are entitled to exercise such rights once every 12-month period. We may charge a reasonable fee for excess requests in the same 12-month period, as permitted by applicable law.

To exercise the rights available to you as a data subject under applicable laws, as described above, submit a request to us by either: emailing us at support@skilljar.com or visiting https://info.skilljar.com/contact-us. We will need to verify your identity to process your requests and reserve the right to confirm your residency if you are making a request under the CCPA or State Privacy Laws. To verify your identity, we may require you to log into your Skilljar account (if applicable), provide government identification, give a declaration as to your identity under the penalty of perjury and/or provide additional information.

Your authorized agent may make a request on your behalf upon verification of the agent’s identity and our receipt of a copy of the valid power of attorney given to your authorized agent. If you have not provided your agent with such a power of attorney, you must provide your agent with written and signed permission to exercise your rights on your behalf, provide the information we request to verify your identity and provide us with written confirmation that you have given the authorized agent permission to submit the request.

You may only make a verifiable request twice within a twelve-month period. We will not discriminate against you for exercising any of your rights regarding your information.

You have choices regarding the use of information on our Site and Services.

1. Changing Your Information. To change your information, including keeping your information accurate, please contact us at support@skilljar.com. We will take reasonable steps to change your information in our possession that you have submitted via the Site.
2. Email Communications. To change your information regarding email communications, please unsubscribe from the footer of any communication or contact us at support@skilljar.com.
3. Cookies, Other Storage and Web Beacons. Please see the Cookies, Other Storage and Web Beacons section above.
4. Closing Your Account. You may close your account by contacting us at support@skilljar.com. If the email account associated with your email address is not active, we may close your account on the Site without notice in our sole discretion.

Note that Skilljar processes personal information of individual users in connection with their company’s subscriptions to the Services. Skilljar does not ‘sell’ or ‘share’ the data of such individual users. In such cases, Skilljar may constitute a “service provider” or a “data processor” to the company, and we process personal information to the extent permitted and directed by the “data controller” or the “business” that controls your personal information. If your personal information has been processed by us on behalf of a Skilljar customer, and you wish to exercise any rights you have with such personal information, please submit your inquiries to such customer directly. If you submit a request to exercise data subject rights in connection with your personal information, and we determine that your personal information was processed on behalf of a Skilljar customer, we will refer such request to the corresponding customer where required to do so, and will support them to the extent required by applicable data protection laws in connection with your request.

Children

We do not knowingly collect personal information from an individual under age 13. If you are under the age of 13, please do not submit any personal information through the Site. If you have reason to believe that we may have accidentally received personal information from an individual under age 13, please contact us immediately at legal@skilljar.com.

Data Retention

How long we retain your information depends on the type of data and the purpose for which we process the data. We will retain your information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law. We may deny a request to delete personal information to the extent that retention of that personal information is reasonably necessary for us or our service provider(s) to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Help to ensure the security and integrity of the Site and/or our Services, to the extent the use of the personal information is reasonably necessary and proportionate for those purposes.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research that conforms or adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s ability to complete such research, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us and compatible with the context in which you provided the personal information.
8. Comply with a legal obligation.

Once the business purpose(s) for which the personal information was collected is/are no longer applicable, we will retain that personal information for no longer than reasonably necessary and proportionate to fulfill the purposes for which we originally collected or processed that personal information.

How We Process Preference Signals

Our Services are set to honor and process certain commonly used “opt-out preference signals”, which are settings through which consumers can indicate that they have opted out of the sale and sharing of their personal information without sending an individual or manual request.

We recognize and honor the following opt-out preference signals: “Do Not Track” and Global Privacy Control. All such opt-out preference signals are processed in a frictionless manner (as that term is defined by the CCPA). To learn more about how to implement opt-out preference signals and/or Global Privacy Control, you should consult your browser’s privacy settings or visit the Global Privacy Control website.

To implement an opt-out preference signal on your device or browser, you may download the appropriate browser that uses a recognized opt-out preference signal or a browser extension that can be enabled to support your single opt-out preference signal.

Note that our acknowledgment of opt-out preference signals are based on browser settings, not your device. If you use multiple devices, or if your browser settings do not carry over between devices, you may need to implement such opt-out preference signals across each of your devices and browsers to ensure that your preferences are properly recognized.

Changes to Privacy Notice

We reserve the right to update or modify this Privacy Notice at any time and from time to time. Please review this Privacy Notice periodically, and especially before you provide any information. This Privacy Notice was last updated on the date indicated below.

How to Contact Us

Please also feel free to contact us at legal@skilljar.com if you have any questions about this Privacy Notice. As noted above, please contact us at support@skilljar.com with requests regarding your personal information.

California Shine the Light Law

Under California’s Shine the Light law, you may also ask companies with whom you have formed a business relationship primarily for personal, family or household purposes to provide the names of third parties to which they have disclosed certain personal information (as defined under the Shine the Light law) during the preceding calendar year for their own direct marketing purposes and the categories of personal information disclosed. You may make one request under California’s Shine the Light law each year by emailing us at legal@skilljar.com or writing us at Skilljar Inc., 113 Cherry Street, Suite #29434, Seattle, WA 98104. In your request, you must include the statement “Shine the Light Request,” and provide your first and last name and mailing address and certify that you are a California resident. We reserve the right to require additional information to confirm your identity and California residency.

CCPA Consumer Data Request Metrics (2022-2023)

As a business which shares personal information of its consumers for business purposes, we are required to make certain disclosures once per year about consumer data requests that we have received, in accordance with Cal. Code Regs. tit. 11 § 999.317. Our disclosures are listed below:

* The total number of requests received includes requests received from individuals who requested to exercise their rights to delete under applicable privacy laws in both the EU and California.