Privacy Policy

Last updated on: 11th Dec, 2024

If you are a customer of Lyearn or a visitor to the Lyearn website, then this Privacy Policy applies to your use of such a Website and/or product Services.

Note: A customer of Lyearn is not to be misunderstood as an individual user engaging on the platform. The customer here refers to a "company".

If you are a visitor to or user of a third-party Website or Service ("Third-Party Property") that utilizes any extended Services of Lyearn, then any information you submit to such Third-Party Property (including via the Lyearn product) is collected under the privacy policy of the owner of such Third-Party Property, and you should contact such owner with any related requests or inquiries you may have. If you have any inquiries about this Privacy Policy, please email our Data Protection Officer (DPO) at compliance@lyearn.com.

At Lyearn, we respect the privacy rights and data protection rights of all our users and also recognize the importance of protecting the personal information we collect from you. Our Privacy Policy is designed to help you understand what information we collect and how we use and share that information. This Privacy Policy applies to our Website and related Services.

Across the Privacy Policy, terms like "Lyearn," "Us" and "We" might be repeated and refer to Lyearn, Inc. and its affiliates, if any. The "Website(s)" means Lyearn’s Website (including without limitation www.lyearn.com and any successor URLS, mobile or localized versions and related domains and subdomains), and the "Service(s)" means Lyearn’s product services, in each case, in whatever format they may be offered now or in the future. The Websites and Services are collectively referred to herein as the "Offerings."

Information We Collect

A. Information Related to Your Interaction with Lyearn and the Offerings and communicating the Offerings.

Registration and Contact Information: We collect information about you when you (a) register to use the Services and (b) otherwise provide contact information to us via email, mail, or through our Offerings. This information you provide may include your username, first and last name, email address, mailing address or phone number.

Payment Information: When you purchase the Services, we will also collect transaction information (on a customer basis, not individual user), which may include the credit card information, billing and mailing address, and other payment-related information ("Payment Information"). We describe how Payment Information may be collected and processed in Section 4.

Technical, Usage and Location Information: We collect information on how you interact with the Offerings, such as the IP address from which you access the Offerings, date and time, information about your browser, operating system and computer or device, pages viewed and items clicked with the help of a third party service named "Amplitude". We also use cookies to collect some of this information. However, we ensure that any data is not collected, stored, or shared data regarding a particular user’s activity (including IP) across multiple websites, or applications that are not owned by Lyearn. For more information, please see Lyearn’s Cookie Policy.

Third Party Platforms: We do not collect any information when you interact with content on third-party sites or platforms, such as social networking sites.

Other Information: We may collect other information from you that is not specifically listed here. We may use any such information in accordance with this Privacy Policy or as otherwise permitted by you.

Legal Basis: Our Legitimate Interest. Lyearn product works together to help companies engage their employees under the sales, marketing, and support banners to learn and enhance their skills in dealing with customers. We consider your privacy and data protection rights when we pursue our legitimate interests and ensure that the way our Offerings work don't impact on those rights. For website visitors Lyearn will store this data until the individual opts out or when they have not engaged with Lyearn in 24 months.

B. Customer Data

You may submit various types of information and data into the Services for hosting and processing purposes ("Customer Data"). Customer Data may include, without limitation, billing information, personal information such as names, email addresses, phone numbers, location and photos of your end user customers, potential customers and other users of and visitors to your websites, apps and other properties (e.g. Teammates' details ("People"), which information may be input into the Services by you or collected by the Services using Lyearn tags, scripts and other code implemented on such properties.

We will only use, disclose and otherwise process Customer Data for the purposes set forth in your agreement with us for the provisioning of the Services ("Customer Agreement"). The Services use third-party services provided by "Amplitude" to capture your website interactions for usage tracking and to help us in debugging errors (leading to a better user experience) which go as an input into the Services. Amplitude uses People’s information as described in its privacy policy, available at https://amplitude.com/privacy. Customers can review and sign our Data Processing Agreement as an addendum to our Terms and Conditions.

Legal Basis: We process and store Customer Data to perform our Customer Agreement with you. Without this information, we wouldn't be able to provide our Offerings to you. We also process Customer Data to pursue our legitimate interests by ensuring the smooth running of your Customer Agreement and to help our customers engage their employees under the sales, marketing, and support banners to learn and enhance their skills in dealing with their respective external clientele. We consider your privacy and data protection rights when we pursue our legitimate interests and ensure that the way Offerings work don't impact on those rights.

How We Use the Information We Collect

We use your information in the following ways:

• To provide, maintain and improve the Offerings and our products and services, including to operate certain features and functionality of the Offerings;

• To process your inquiries and otherwise deliver customer service;

• To process your payments, we share and use Payment Information as described in Section 4 (Payment Information);

• To control unauthorized use or abuse of the Offerings and our other products and services, or otherwise detect, investigate or prevent activities that may violate our policies or be illegal;

• To analyze trends, administer or optimize the Offerings, monitor usage or traffic patterns (including to track users’ movements around the Offerings) and gather demographic information about our user base as a whole;

• In the manner described to you at the time of collection or as otherwise described in this Privacy Policy.

Sharing Your Information with Third Parties

We do not sell, trade, share or transfer your personal information to third parties except in the following limited circumstances:

• We may share your personal information with third-party service providers to permit such parties to provide services that help us with our business activities, which may include assisting us with maintaining and improving the features and functionality of the Offerings by user-platform engagement tracking, among other things. For example, we may provide personal information to our service providers "Sendgrid" for emailing of our product related notifications. The data shared can include name, email address, company information. All third parties are engaged under contract and obliged to meet appropriate security requirements and comply with all applicable legislation;

• We may share your personal information when we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce a Customer Agreement, including investigation of potential violations thereof, or (c) protect against imminent harm to our rights, property or safety, or that of our users or the public as required or permitted by law;

• We may share your personal information with third parties (including our service providers and government entities) to detect, prevent, or otherwise address fraud or security or technical issues;

• We may share your Payment Information to process your payments, as further described in Section 4 (Payment Information);

• We may share and/or transfer your personal information if we become involved in a merger, acquisition, bankruptcy, or any form of sale of some or all of our assets; and

• We may share your personal information with a third party if we have your consent to do so.

We may also share aggregated or anonymized information with third parties for other purposes. Such information does not identify you individually, but may include usage, viewing and technical information such as the types of Offerings our customers and users generally use, the configuration of their computers, and performance metrics related to the use of Offerings which we collected through our technology. If we are required under applicable law to treat such information as personal information, then we will only disclose it as described above. Otherwise we may disclose such information for any reason.

Payment Information

When you make a purchase on the Offerings, any credit card information you provide as part of your Payment Information is collected and processed directly by our payment processor Stripe through their Stripe Checkout service. We never receive or store your full credit card information. Stripe commits to complying with the Payment Card Industry Data Security Standard (PCI-DSS) and Strong Customer Authentication (SCA) using industry standard security. Stripe may use your Payment Information in accordance with their own Privacy Policy here: https://stripe.com/us/checkout/legal.

Other Access to or Disclosure of Your Information

The Offerings may also contain links to third party websites. This Privacy Policy applies solely to information collected by us. Even if the third party is affiliated with us through a business partnership or otherwise, we are not responsible for the privacy practices of such third party. We encourage you to familiarize yourself with the privacy policies of such third parties to determine how they handle any information they separately collect from you. Please be aware that we do not warn you when you choose to click through to another website when using the Offerings.

The Websites contain features that enable you to post reviews, comments or other content that is publicly viewable. You should be aware that any personal information you submit as part of those posts can be read, collected, or used by other visitors to the Websites, and could be used to send you unsolicited messages. We are not responsible for the personal information you choose to publicly post on the Websites. Please see our Website Terms of Use for more information and for other guidelines about posting content on the Websites.

Your Rights and Choices

Opt-Outs. We may provide you with the opportunity to "opt-out" of having your personal information used for certain purposes when we ask for this information. If you decide to opt-out, we may not be able to provide certain features of the Offerings to you.

Blocking Cookies. You can remove or block certain cookies using the settings in your browser but the Offerings may cease to function properly if you do so. For more information, please see Lyearn’s Cookie Policy.

How We Respond to Do Not Track Signals. Your Web browser may have a "do not track" setting which, when enabled, causes your browser to send a do not track HTTP header file or "signal" to each site you visit. At present, the Offerings do not respond to this type of signal.

Data Subject Rights. You can access, rectify, erase, restrict or export your personal information at any time by emailing us at dev@lyearn.com. You can object to our processing of your personal information at any time. Contact our Data Protection Officer with requests or concerns at compliance@lyearn.com. If you are unsatisfied with the response you have the right to lodge a complaint with your supervisory authority.

Accessing and Updating Your Personal Information

When you use the Offerings, we make good faith efforts to provide you with access to your personal information upon your request and either provide you the means to correct this information if it is inaccurate or to delete such information at your request if it is not otherwise required to be retained by law or for legitimate business purposes. You may access, review, correct, update, change or delete your information at any time. To do so, please contact us at dev@lyearn.com with your name and the information requested to be accessed, corrected or removed, or if you are using the Service, sign in to your account, go to your profile, and make the desired changes. We may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort (for instance, requests concerning information residing on backup tapes), jeopardize the privacy of others, would be extremely impractical, or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.

Please note that if you cease using the Service or we terminate your access to the Service in accordance with your Customer Agreement, you may no longer have the ability to access or update your information.

We may retain your information as necessary to support the Offerings, comply with our legal obligations or resolve disputes. Note that the content you post may remain on the Offerings even if you cease using the Offerings or we terminate your access to the Offerings.

Changes to the Privacy Policy

We reserve the right to change our Privacy Policy at any time. If we make changes, we will post them and will indicate on this page the policy’s new effective date.

No Children Under Age 16

The Offerings are not intended for use by anyone under the age of 16, nor does Lyearn knowingly collect or solicit personal information from anyone under the age of 16. If you are under 16, you may not attempt to register for the Offerings or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we confirm that we have collected personal information from someone under the age of 16 without verification of parental consent, we will delete that information promptly. If you are a parent or legal guardian of a child under 16 and believe that we might have any information from or about such child, please contact us at the email or mailing address provided at the end of this Privacy Policy.

Your California Privacy Rights and Disclosures

California Shine the Light Law. If you are a California resident and we disclose your personally identifiable information to third parties for such third parties’ direct marketing purposes, California’s Shine the Light Law (CA Civil Code Section 1798.83) allows you to request certain information from us about such disclosures. To make a request under the Shine the Light Law, please contact us at dev@lyearn.com. Please note that under California law, businesses are not required to respond to such requests more than once during any calendar year.

California Minors. At any time, you can delete or remove your posts using the same deletion or removal procedures described in Section 8 (Accessing and Updating Your Personal Information) above, or otherwise through the Offerings. If you have questions about how to remove your posts or if you would like additional assistance with deletion you can contact our support team at compliance@lyearn.com. Although we offer deletion capability for our Offerings, you should be aware that the removal of posts may not ensure complete or comprehensive removal of that content or information posted through the Offerings.

Security

The security of your personal information is important to us. We maintain a variety of appropriate technical and organizational safeguards to protect your personal information. We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. Further, we have implemented reasonable physical, electronic, and procedural safeguards designed to protect personal information about you. When you enter sensitive information (such as your password), we encrypt that information in transit using industry-standard Transport Layer Security (TLS) encryption technology. No method of transmission over the Internet, method of electronic storage or other security methods are one hundred percent secure. Therefore, while we strive to use reasonable efforts to protect your personal information, we cannot guarantee its absolute security.

International Transfer of Data; EU-U.S. and Swiss-U.S. Privacy Shield

We may from time to time transfer your personal information to other countries outside the United States and make it accessible to our parents, subsidiaries, affiliates and third party service providers internationally. We will protect your personal information in accordance with this Privacy Policy wherever it is processed. Lyearn has business entities in Europe, the United States and a number remote employees globally. Personal information may be processed in any country where a Lyearn employee accesses the Lyearn system.

Lyearn has self-certified to the EU-U.S. and Swiss-U.S. Privacy Shield. For more information, please see Lyearn’s EU-U.S. and Swiss-U.S. Privacy Shield Policy.

Contact Us

If you have questions or need to contact us about this Privacy Policy, please email us at compliance@lyearn.com.

Cookie Policy

This Cookie Policy explains how Lyearn, Inc. (collectively "Lyearn", "we", "us", and "ours"), use cookies and similar technologies to recognize you when you visit our website, including without limitation www.lyearn.com and any successor URLs, mobile or localized versions and related domains / sub-domains ("Websites") and/or our mobile application ("App") and / or our communication platform ("Platform"). It explains what these technologies are and why we use them, as well as your rights to control our use of them.

What are cookies?

Cookies are small data files that are placed on your computer or mobile device when you visit a website, mobile app or use an online platform. Cookies are widely used by online service providers to facilitate and help to make the interaction between users and websites, mobile apps and online platforms faster and easier, as well as to provide reporting information.

Cookies set by the website and/or mobile app and/or platform owner (in this case, Lyearn) are called "first party cookies". Cookies set by parties other than the website and/or mobile app and/or platform owner are called "third party cookies". Third party cookies enable third party features or functionality to be provided on or through the website and/or mobile app and/or platform (e.g. like advertising, interactive content and analytics). The parties that set these third party cookies can recognise your computer or device both when it visits the website and/or mobile app and/or platform in question and also when it visits certain other websites and/or mobile apps and/or platforms.

Why do we use cookies?

We use first party and third party cookies for several reasons. Some cookies are required for technical reasons in order for our Websites and/or App and/or platform to operate, and we refer to these as "essential" or "strictly necessary" cookies. Other cookies also enable us to track and target the interests of our users to enhance the experience on our Websites and/or App and/or platform. Third parties serve cookies through our Websites and/or App and/or platform for analytics and other purposes. This is described in more detail below.

Our Websites

What about other tracking technologies, like web beacons?

Cookies are not the only way to recognise or track visitors to a website and/or mobile app and/or platform. Other similar technologies from time to time, like web beacons (sometimes called "tracking pixels" or "clear gifs"). These are tiny graphics files that contain a unique identifier that enable someone to recognise when someone has visited our Websites and/or App and/or platform. In many instances, these technologies are reliant on cookies to function properly, and so declining cookies might impair their functioning. We do not use web beacons on our platform/website.

Do you use Flash cookies or Local Shared Objects?

Our Websites and/or App and/or platform does not use so-called "Flash Cookies" (also known as Local Shared Objects or "LSOs") as we have no flash content to display.

Do you serve targeted advertising?

Third parties may serve cookies on your computer or mobile device to serve advertising through our Websites and/or App and/or platform. These companies may use information about your visits to this and other websites in order to provide relevant advertisements about goods and services that you may be interested in. They may also employ technology that is used to measure the effectiveness of advertisements. This can be accomplished by them using cookies or web beacons to collect information about your visits to this and other websites and/or mobile apps and/or platforms in order to provide relevant advertisements about goods and services of potential interest to you. The information collected through this process does not enable us or them to identify your name, contact details or other personally identifying details unless you choose to provide these. To our best knowledge no third party affiliated to us uses cookies for targeted advertising, though, other websites you visit might.

How can I control cookies?

You have the right to decide whether to accept or reject cookies. You can exercise your cookie preferences by clicking on the appropriate opt-out links provided in the cookie table above.

You can set or amend your web browser controls to accept or refuse cookies. If you choose to reject cookies, you may still use our Websites and/or App and/or platform though your access to some functionality and areas may be restricted. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser's help menu for more information.

In addition, most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit http://www.aboutads.info/choices/ or http://www.youronlinechoices.com.

How often will you update this Cookie Policy?

We may update this Cookie Policy from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal or regulatory reasons. Please therefore re-visit this Cookie Policy regularly to stay informed about our use of cookies and related technologies.

The date at the top of this Cookie Policy indicates when it was last updated.

Where can I get further information?

If you have any questions about our use of cookies or other technologies, please email us at dev@lyearn.com

Third Parties

Security, Privacy and Compliance Information for Lyearn
Lyearn is a data processor and engages certain onward subprocessors that may process personal data submitted to Lyearn’s services by the controller. These subprocessors are listed below, with a description of the service and the location where data is hosted. This list may be updated by Lyearn from time to time: (linked to their respective privacy policy)

• Azure media services . - Video upload and hosting

E.U. - U.S. and Swiss - U.S. Privacy Shield Policy

We, Lyearn, Inc. are committed to protecting your privacy. This Policy sets out the privacy principles we follow with respect to transfers of personal data from the European Economic Area ("EEA") and Switzerland to the United States, including personal data we receive from individuals residing in the EEA or Switzerland who visit our web and mobile sites or apps and/or who use any of our services or otherwise interact with us ("you").

We adhere to the EU-US Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use and retention of personal data from European Union member countries and Switzerland. Lyearn, Inc. has certified adherence to and commits to apply the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement, and Liability. For purposes of enforcing compliance with the Privacy Shield, we are subject to the investigatory and enforcement authority of the US Federal Trade Commission. For more information about the Privacy Shield, see the US Department of Commerce's Privacy Shield website located at: https://www.privacyshield.gov . To review our certification on the Privacy Shield list, see the US Department of Commerce's Privacy Shield self-certification list located at: https://www.privacyshield.gov/list.

Types of personal data we collect and use

Our online privacy policy located in Section 1 (Privacy Policy) describes the categories of personal data we may receive in the United States, as well as the purposes for which we use that personal data. We will only process personal data in ways that are compatible with the purpose we collected it for, or for the purposes you later authorize. Before we use your personal data for a purpose that is materially different from the purpose we collected it for or that you later authorized, we will provide you with the opportunity to opt-out. We maintain reasonable procedures to help ensure that personal data we collect and use is reliable for its intended use, accurate, complete, and current.

Data transfers to third parties

• Agents, consultants and service providers: We may share your personal data with our contractors and service providers who process personal data on our behalf to perform certain business-related functions. These companies include database service providers, backup and disaster recovery service providers, email service providers and others. When we engage another company to perform such functions, we may provide them with information, including personal data, in connection with their performance of such functions.

• Our Group Companies: We may also share your personal data with our parent companies, subsidiaries and/or affiliates for purposes consistent with this Policy.

• Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, personal data may be part of the transferred assets.

• Disclosures for National Security or Law Enforcement: Under certain circumstances, we may be required to disclose your personal data in response to valid requests by public authorities, including to meet national security or law enforcement requirements.

• Legal Requirements: We may disclose your personal data if required to do so by law in order to (for example) respond to a subpoena or request from law enforcement, a court or a government agency ,or in the good faith belief that such action is necessary (a) to comply with a legal obligation, (b) to protect or defend our rights, interests or property or that of third parties, (c) to prevent or investigate possible wrongdoing in connection with the Services, (d) to act in urgent circumstances to protect the personal safety of Users of the Services or the public; or (e) to protect against legal liability.

Security

We maintain reasonable and appropriate security measures to protect personal data from loss, misuse, unauthorized access, disclosure, alteration, or destruction in accordance with the Privacy Shield.

Access Rights

In general, when processing personal data to provide our services, we do so only on behalf of our customers and in accordance with their instructions. This means that if you wish to access any personal data we process on behalf of a Lyearn customer and request that we correct, amend, delete it if it is inaccurate or processed in violation of Privacy Shield, you should contact that customer with your request. We will then help them to fulfil that request in accordance with their instructions.

Where we process personal data collected via our website or via our services for our own account management, billing or marketing purposes, you may have the right to access personal data that we hold about you and request that we correct, amend, delete it if it is inaccurate or processed in violation of Privacy Shield. These access rights may not apply in some cases, including where providing access is unreasonably burdensome or expensive under the circumstances or where it would violate the rights of someone other than the individual requesting access. If you would like to request access to, correction, amendment, or deletion of your personal data, you can submit a written request to the contact information provided below. We may request specific information from you to confirm your identity.

Your Choices

You may choose to change personal data or cancel an account by contacting us using the contact details below.

Questions or complaints

You can direct any questions or complaints about the use or disclosure of your personal data to us at dev@lyearn.com. We will investigate and attempt to resolve any complaints or disputes regarding the use or disclosure of personal data within 45 days of receiving your complaint. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact the Data Protection Commission (Ireland). You can register a complaint at www.dataprotection.ie.

Binding Arbitration

You may have the option to select binding arbitration for the resolution of your complaint under certain circumstances, provided you have taken the following steps: (1) raised your complaint directly with us and provided us the opportunity to resolve the issue; (2) made use of the independent dispute resolution mechanism identified above; and (3) raised the issue through the relevant data protection authority and allowed the US Department of Commerce an opportunity to resolve the complaint at no cost to you. To find out more about the Privacy Shield's binding arbitration scheme please see www.privacyshield.gov/article?id=My-Rights-under-Privacy-Shield.

How to Contact Us

If you have any questions regarding this Policy or if you need to request access to or update, change or remove personal data that we control, you can do so by contacting us at dev@lyearn.com or by regular mail addressed to:

Lyearn Inc
13 Laila Ct,
Monroe,
NJ 08831

Changes to this Policy

We reserve the right to amend this Policy from time to time consistent with the Privacy Shield's requirements.

Lyearn Website Terms of Use

Effective day 11th Dec, 2024

Acceptance of Terms

Lyearn, Inc. and its affiliates and subsidiaries ("Lyearn" or "us" or "we") welcome you to our Site! The "Site" means www.lyearn.com and any successor URLs, mobile or localized versions and related sub-domains, in whatever format they may be offered now or in the future. Through the Site, we may provide you with general information regarding our company, products and services.

By using or accessing any part of the Site, you are agreeing to these Website Terms of Use ("Terms"), our Privacy Policy and all other policies or notices posted by us on our Site. Portions of the Site may be accompanied by additional terms which apply to specific features or areas of the Site. Those additional terms supplement these Terms with respect to your use of those features or areas. These Terms may change over time, so whenever you visit or use this Site, you agree to the version of these Terms then posted. If you don't agree to these Terms, don't use the Site. Lyearn also offers an enterprise grade software-as-a-service solution (the "Lyearn Services") designed to enable customers to manage e-learning for their employees (end users).

THESE TERMS CONTAIN MANDATORY ARBITRATION PROVISIONS THAT REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. PLEASE READ THEM CAREFULLY.

Permission to Use the Site

You have our permission to use the Site, but only if:

• you are using the Site for informational and internal business purposes (personally or on behalf of your company); and

• you follow all the rules and restrictions we've spelled out in these Terms.

User Content

You are solely responsible for any User Content you post on the Site, and the consequences of posting or publishing it. By "User Content", we mean any Content a user posts to the Site, including comments or posts, review or feedback even those made via third party services. "Content" means information, data, text, software, music, sound, photos, graphics, videos, messages, tags, interactive features, or any other materials. When we say "Post", we include posting, uploading, sharing, submitting or otherwise providing User Content in any manner in connection with the Site.

Restrictions on User Content and Your Conduct

You may not post any User Content in violation of Lyearn’s website usage policy. We have the sole right, but not necessarily the obligation, to delete or edit at any time any User Content that violates these rules or that we believe to be inappropriate for any reason.

Intellectual Property Rights in User Content

If you post User Content, you are making a guarantee to us that you either own all the User Content you are posting, or you have the right to post the User Content. Furthermore, you are guaranteeing that you have the right to allow us to make your User Content available for others to view and use as part of the Site without requiring that any such use be subject to additional obligations or terms. If you do not have these rights, do not post your User Content. By posting your User Content, you do not lose any ownership rights you may have to it. However, you grant us a worldwide, non-exclusive, royalty-free, fully-paid, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, and publicly display and perform your User Content in connection with the Site and our business, in any media formats or in tangible form and through any media channels now known or hereinafter developed. You also agree to sharing and use of your User Content by other users as set forth in these terms.

User Content You Post Becomes Public

You understand that once you post your User Content, your User Content becomes public. We are not responsible for keeping any User Content confidential. So, if you don't want the whole world to see it, don't post it on the Site. In addition, we may share your User Content with third parties if we have a good faith belief that access, use, preservation or disclosure of your User Content is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce these Terms, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Lyearn, its users or the public as required or permitted by law.

We Are Not Responsible for User Content

We generally do not monitor or review any User Content. We do not endorse any User Content or support any views, opinions, recommendations, or advice that may be in User Content. User Content comes from a variety of sources, and we make no promises about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any User Content. You may be offended by User Content that you see on the Site. You may find some of it to be inaccurate, offensive, indecent, or objectionable. However, as further set forth below, you agree not to hold us responsible in any way for your use of our Site, including your exposure to User Content. In addition, we are not a content-archiving service. We do not promise to store or make available on our Site any User Content that you post, or any other Content, though we have implemented methods to store them for any length of time. You are solely responsible for keeping back-ups of everything you post on our Site.

Proprietary Rights

The Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws and Lyearn and its suppliers retain all right, title and interest (including all copyright, trade secret, patent and other rights) in and to the Site and Content which is included in the Site (other than User Content). If you give feedback regarding the Site, for example recommendations for improvements or features, we have the right to use the feedback in any way and implementation of that feedback is owned by us and may become part of the Site without compensation to you. We reserve all rights in and to the Site unless we expressly state otherwise. We also reserve the right to make changes or updates to the Site or Content provided on or through the Site at any time without notice and we will own any such changes or updates (excluding User Content).
You may not:

• Decompile, reverse engineer or disassemble any object code which is part of or made available through the Site into a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance;

• Copy, frameset, enclose or otherwise sell, distribute, transmit or broadcast any part of the Site;

• Modify or create any derivative work of any part of the Site;

• Disable, interfere, or try to get around any of the features of the Site related to security, preventing or restricting use or copying of any Content, or enforcing the limits on the use of the Site or the Content on the Site; or

• Use, export or re-export any Content or any copy or adaptation of such Content in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.

All brand, product and service images, logos and names used in the Site that identify Lyearn, our suppliers or our customers and our or their proprietary products and services are the trademarks or service marks of Lyearn, our suppliers or our customers. Nothing in this Site shall be deemed to confer on any person any license or right on the part of Lyearn or such supplier with respect to any such image, logo or name.

Enforcement of Copyrights

We respect the intellectual property rights of others. You may not use our Site to infringe anyone else's copyright or other intellectual property right. If we find out that you are infringing, we may remove your User Content. We do not have to give you notice that we are removing your User Content. In addition to our other rights and remedies, we may also terminate your account if we determine that you are a repeat copyright infringer. We consider a repeat infringer to be a user who has been notified of infringing activity more than twice or who has had their User Content removed from our Site more than twice.

Notify Us of Infringers

If you believe that something on our Site violates your copyright, notify our copyright agent in writing. The contact information for our copyright agent is as follows:

Copyright Enforcement
Lyearn Inc
13 Laila Ct,
Monroe,
NJ 08831
E-Mail: compliance@lyearn.com

In order for us to take action, your notice must include the following:

• Your physical or electronic signature;

• A description of the copyrighted work that you believe is being infringed;

• A description of the item on our Site that you think is infringing your work and sufficient information about where the material is located on our Site (including the URL) so that we can find it;

• A way to contact you, such as your address, telephone number, or email

• A statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on our Site; and

• A statement that the information you provide in your notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.

Again, we cannot take action unless you give us all the required information.

How to Communicate with Us

Only notices about copyright infringement should go to our copyright agent. If you have anything else to communicate with us (like feedback, comments, or requests for technical support), you should contact us at compliance@lyearn.com.

Site Availability

You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances will Company or its suppliers be held liable for any damages due to such interruptions or lack of availability.

Links to Other Sites

Our Site may contain links to other websites that we don't own or control. We are not responsible for any of these other websites. You will not hold us responsible for any aspect of these other websites, including their content, privacy policies, or anything else. You may be exposed to things on other websites that you don't like or that you find offensive. We are not responsible for this, either. You must use your own discretion when you go to other websites. You should also read the terms and conditions and privacy policies of these other websites.

Warranty Disclaimer

USE OF THE SITE IS AT YOUR OWN RISK. THE SITE (INCLUDING OUR CONTENT) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LYEARN AND ITS AFFILIATES, SUPPLIERS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

LYEARN AND ITS AFFILIATES, SUPPLIERS, PARTNERS AND AGENTS MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT LYEARN WILL FIX ANY ERRORS; OR (iii) ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE. ANY MATERIALS OBTAINED THROUGH USE OF THE SITE ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND LYEARN SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE SITE OR ANY CONTENT OBTAINED FROM THE SITE.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER LAW, LYEARN AND ITS AFFILIATES, SUPPLIERS, PARTNERS AND AGENTS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR ANY CONTENT PROVIDED BY OR THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES IN ADVANCE. THE FOREGOING LIMITATION APPLIES TO DAMAGES AND LIABILITIES ARISING FROM: (I) YOUR USE OR INABILITY TO USE OUR SITE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT; (III) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SITE; OR (IV) ANY OTHER MATTER RELATING TO THE SITE.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LYEARN’S LIABILITY AND THE LIABILITY OF EACH OF ITS AFFILIATES, SUPPLIERS, PARTNERS AND AGENTS TO YOU OR ANY THIRD PARTIES UNDER [ANY CIRCUMSTANCES RELATING TO YOUR ACCESS TO THE SITE OR OTHER ACTIVITIES GOVERNED BY] THESE TERMS IS LIMITED TO A MAXIMUM AMOUNT OF ONE HUNDRED DOLLARS (USD$100).

Indemnity

You agree to indemnify, defend (if we so request) and hold harmless Lyearn and its affiliates, suppliers, partners and agents from and against any claims, demands, losses, damages or expenses (including reasonable attorney's fees) arising from your User Content, your use of the Site, your connection to the Site, your violation of these Terms or your violation of any rights of any third party. Your indemnification obligation will survive the termination of these Terms and your use of the Site.

Termination and Suspension

We may terminate or suspend your permission to use the Site immediately and without notice upon any violation of these Terms, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems or for engagement by you in fraudulent or illegal activities. Upon any termination we may delete your User Content and we may bar you from further use of the Site. You understand that we may also continue to make your User Content available on the Site even if your use of the Site is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your User Content or access to the Site.

Governing Law and Dispute Resolution

• Direct Dispute Resolution. In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms, whether arising in contract, tort or otherwise, ("Dispute"), the parties shall first use their best efforts to resolve the Dispute. If a Dispute arises, the complaining party shall provide written notice to the other party in a document specifically entitled "Initial Notice of Dispute," specifically setting forth the precise nature of the dispute ("Initial Notice of Dispute"). If an Initial Notice of Dispute is being sent to Lyearn it must be emailed to compliance@lyearn.com and sent via mail to:

  Attn: Legal Department Lyearn Inc13 Laila Ct,Monroe,NJ 08831

  YOU AGREE THAT IF YOU WANT TO RESOLVE A DISPUTE WITH LYEARN, YOU MUST SEND AN INITIAL NOTICE OF DISPUTE WITHIN ONE (1) YEAR AFTER THE EVENT THAT GAVE RISE TO THE DISPUTE. OTHERWISE, YOUR DISPUTE WILL BE PERMANENTLY BARRED.

  Following receipt of the Initial Notice of Dispute, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution of the Dispute that is satisfactory to both parties ("Direct Dispute Resolution"). If the parties are unable to reach a resolution of the Dispute through Direct Dispute Resolution within thirty (30) days of the receipt of the Initial Notice of Dispute, then the Dispute shall subsequently be resolved by arbitration as set forth below.

• Arbitration. IN THE EVENT THAT A DISPUTE BETWEEN THE PARTIES CANNOT BE SETTLED THROUGH DIRECT DISPUTE RESOLUTION, AS DESCRIBED ABOVE, THE PARTIES AGREE TO SUBMIT THE DISPUTE TO BINDING ARBITRATION. BY AGREEING TO ARBITRATE, THE PARTIES AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL. The arbitration shall be conducted before a single neutral arbitrator, before JAMS in San Francisco, California. The arbitration shall be administered by JAMS in accordance with this document and the JAMS Streamlined Rules and Procedures for the Arbitration, with one addition: The limitation of one discovery deposition per side shall be applied by the arbitrator, unless it is determined, based on all relevant circumstances, that more depositions are warranted. The arbitrator shall consider the amount in controversy, the complexity of the factual issues, the number of parties and the diversity of their interests and whether any or all of the claims appear, on the basis of the pleadings, to have sufficient merit to justify the time and expense associated with the requested discovery.

  The arbitration will occur in San Francisco, California, but the parties may choose to appear in person, by phone, by another virtual means, or through the submission of documents.

  The arbitrator will issue a ruling in writing. Any issue concerning the extent to which any dispute is subject to arbitration, the applicability, interpretation, or enforceability of these Terms shall be resolved by the arbitrator. To the extent state law is applicable, the arbitrator shall apply the substantive law of California.

  All aspects of the arbitration shall be treated as confidential and neither the parties nor the arbitrators may disclose the content or results of the arbitration, except as necessary to comply with legal or regulatory requirements. The result of the arbitration shall be binding on the parties and judgment on the arbitrator's award may be entered in any court having jurisdiction. The arbitrator shall award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration.

• Choice of Law and Jurisdiction. FOR ANY CLAIM WHICH IS NOT SUBJECT TO THIS DISPUTE RESOLUTION PROVISION, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN SAN FRANCISCO COUNTY, CALIFORNIA. IN ANY DISPUTE, CALIFORNIA LAW SHALL APPLY.

• Construction and Joinder. THESE TERMS MUST BE CONSTRUED AS IF THEY WERE JOINTLY WRITTEN BY BOTH PARTIES. BOTH YOU AND LYEARN AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. IN THE EVENT OF ANY DISPUTE CONCERNING THE VALIDITY OR ENFORCEABILITY OF THIS PROVISION, SUCH CLAIM MUST BE ADJUDICATED BY A COURT AND NOT BY AN ARBITRATOR.

• Injunctive Relief. Notwithstanding the above provisions, Lyearn may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

General Terms

These Terms, together with our Privacy Policy and any other notices or policies we have published on the Site (and additional terms for specific features or areas, as applicable), constitute the entire agreement between you and us regarding this Site. If a court having proper authority decides that any portion of these Terms is invalid, only the part that is invalid will not apply. The rest of these Terms will still be in effect. If we waive any of our rights under these Terms in any particular instance, it does not mean that we are waiving our rights generally or in the future. Furthermore, just because we may not enforce all our rights all of the time, it does not mean that we are waiving our rights. We may decide to enforce them at a later date. These Terms, and any rights and licenses granted under these Terms, may not be transferred or assigned by you except as expressly set forth herein, but may be assigned by us without restriction. We won't be liable to you for any delay or failure to perform any obligation we have under these Terms if the delay or failure is due to events which are beyond our reasonable control, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by a government agency.

Our commitment to you and the protection of your data

We’re committed to helping Lyearn customers and users understand and, where applicable, comply with the General Data Protection Regulation (GDPR). The GDPR is the most comprehensive EU data privacy law in decades and came into effect on 25 May 2018. In addition to strengthening and standardising user data privacy across EU member states, it introduces new or additional obligations on all organisations that handle EU citizens’ personal data, regardless of where the organisations are located. On this page, we explain how we help our customers comply with the GDPR.

GDPR compliance

The GDPR’s updated requirements are significant and our global team has adapted Lyearn’s product offerings, operations and contractual commitments to help customers comply with the regulation. Measures we have implemented include:

• Investments in our security infrastructure and certifications

• Updates to relevant contractual terms

• Offering data portability and data management tools including:
  • Data Export Tool - Businesses and organisations may access, export their Customer Data using Lyearn’s tools.
  • Profile Deletion Tools - Help customers respond to user requests to delete personal information, such as names, email address etc, linked to a Lyearn account.
  • Website Platform Settings - See customer (here company) related subscription and settings or contact an admin who controls the workspace.

We also monitor the guidance around GDPR compliance from privacy-related regulatory bodies and update our product features and contractual commitments accordingly. We’ll provide you with regular updates so that you’re always up to date.

Our security infrastructure standards and certifications

Protecting our customers’ information and their users’ privacy is extremely important to us. As a cloud-based company entrusted with some of our customers’ most valuable data, we’ve set high standards for security. In accordance with GDPR requirements relating to security incident notifications, Lyearn will continue to meet its obligations and offer contractual assurances. If you’d like to learn more about Lyearn’s security policies and procedures, please send a query on compliance@lyearn.com.

International data transfers: Privacy Shield and contractual terms

To comply with EU data protection legislation on international data transfer mechanisms, we self-certify under the EU-US Privacy Shield and the Swiss-US Privacy Shield. These frameworks were developed to establish a way for companies to comply with data protection requirements when transferring personal data from the European Union and Switzerland to the United States.

In addition, we offer European Union model clauses, also known as standard contractual clauses, to meet adequacy and security requirements for our customers who operate in the EU.

Updates

Fulfilling our privacy and data security commitments is important to us. Accordingly, we’re happy to comply and help you comply with the GDPR. If you have any questions about your rights under the GDPR as a User or how Lyearn can help you with compliance as a Customer, please contact us at compliance@lyearn.com