Types of Data We Collect. “Personal Data” means data that allows someone to identify or
contact you, including, for example, your name, address, telephone number, e-mail address, as well
as any other non-public information about you that is associated with or linked to any of the
foregoing data. “Personal Data” includes the information that is automatically collected when
you use our Bluetooth and Wi-Fi enabled Products and Application, which may include data related to
educational porpouses, audio and video statistics, activity and understanding level, orientation, speacking languages,
and other similar data (“Educational Data”). “Anonymous Data” means data that is not associated with or
linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of
individual persons. We collect Personal Data, Educational Data and Anonymous Data, as described below.
(a) Information You Provide to Us.
We may collect Personal Data from you, such as your first and last name, gender, e-mail and
mailing addresses, and password when you create an account to log in to our network (“Account”).
If you use our Services on your mobile or desktop device, including through our Application(s), we may
collect your phone number and the unique device id number.
Our dashboard page lets you store preferences like your user settings. We may
associate these choices with your ID or the device, and you can edit these
preferences at any time on our dashboard homepage.
When connecting to our Services via a service provider that uniquely identifies your
device, we may receive this identification and use it to offer extended services and/or
Certain Services may require our collection of your phone number. We may associate that phone
number to your mobile device identification information.
When you order our Products or Services on our Site, we, or our payment processors, will
collect all information necessary to complete the transaction, including your name, credit
card information, billing information and shipping information.
We retain information on your behalf, such as files and messages that you store using your
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, in order to send you a
When you post content (text, images, photographs, messages, comments or any other kind of
content that is not your e-mail address) on any public area of our Site, the information
contained in your posting will be stored in our servers and other users will be able to see
it, along with any other information that you choose to make public on your public profile
page (“Profile”). The information that you provide in your Profile will be visible to
others, including anonymous visitors to the Site.
When you post messages on the message boards of our Site, the information contained in your
posting will be stored on our servers and other users will be able to see it.
We also collect other types of Personal Data that you provide to us voluntarily, such as your
operating system and version, product registration number, and other requested information
if you contact us via e-mail regarding support for our Products or Services.
We may also collect Personal Data at other points in our Site that state that Personal Data
is being collected.
(b) Information You Provide to Facebook and other Social Networking Sites. The Services
allow users to access Facebook to interact with friends and to share on Facebook through Wall
and friends’ News Feeds. If you are already logged into the Services and Facebook or another
SNS, when you click on “Connect with Facebook,” or a similar connection on another SNS, you will
be prompted to merge your profiles. If you are already logged into the Services but not logged
into Facebook or another SNS that we support, when you click on “Connect with Facebook,” or a
similar connection on another SNS, you will be prompted to enter your SNS credentials or to
“Sign Up” for the SNS. By proceeding, you are allowing the Services to access your information
Conversely, if you are not currently registered as a user of the Services, and you click on
“Sign in” using Facebook or another SNS that we support, you will first be asked to enter your
Facebook or SNS credentials and then be given the option to register for the Services. In this
case, we may receive information from Facebook or another SNS to make it easier for you to
create an Account on the Site and show our relevant content from your Facebook or SNS friends.
Once you register on the Site and connect with Facebook or another SNS you will be able to
automatically post recent activity back to Facebook or the other SNS. Any information that we
collect from your Facebook or other SNS account may depend on the privacy settings you have with
that SNS, so please consult the SNS’s privacy and data practices. You have the option to disable
Facebook Connect at any time by logging into your Account through the Site and going to
settings, “About Me,” “Linked Accounts,” and then unselecting “Facebook.” Further, you can edit
privacy settings for the reviews that appear on Facebook, or disconnect your Services activity
stream by visiting the Facebook Applications Settings page.
(c) Information Collected via Technology.
Use of Your Personal Data
Information Collected by Our Products. If you use our Bluetooth and Wi-Fi enabled Products
and Application, our Products and Application will automatically collect Educational Data.
Information Collected by Our Servers. To make our Site and Services more useful to you, our
servers (which may be hosted by a third party service provider) collect information from
you, including your browser type, operating system, Internet Protocol (“IP”) address
(a number that is automatically assigned to your computer when you use the Internet, which
may vary from session to session), domain name, and/or a date/time stamp for your visit.
Log Files. As is true of most websites and applications, we gather certain information
automatically and store it in log files. This information includes IP addresses, browser
type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time
stamp, clickstream data, and Educational Data when you sync your Product through the Application.
We use this information to provide the Services, analyze trends, administer the Site, track
users’ movements around the Site, gather demographic information about our user base as a
whole, and better tailor our Services to our users’ needs. For example, some of the
information may be collected so that when you visit the Site or the Services again, it will
recognize you and the information could then be used to serve advertisements and other
link this automatically-collected data to Personal Data.
small pieces of information that a website sends to your computer’s hard drive while you are
viewing the website. We may use both session Cookies (which expire once you close your web
browser) and persistent Cookies (which stay on your computer until you delete them) to
provide you with a more personal and interactive experience on our Site. This type of
information is collected to make the Site more useful to you and to tailor the experience
with us to meet your special interests and needs.
Pixel Tags. In addition, we use “Pixel Tags”(also referred to as clear Gifs, Web
beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar
in function to Cookies, that are used to track online movements of Web users. In contrast to
Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly
in Web pages. Pixel Tags also allow us to send e-mail messages in a format users can read,
and they tell us whether e-mails have been opened to ensure that we are sending only
messages that are of interest to our users. We may use this information to reduce or
eliminate messages sent to a user. We do not tie the information gathered by Pixel Tags to
our users’ Personal Data.
Collection of Data by Advertisers. We may also use third parties to serve ads on the Site.
Certain third parties may automatically collect information about your visits to this and
other websites, your IP address, your ISP, the browser you use to visit our Site (but not
your name, address, e-mail address or telephone number). They do this by using Cookies,
Pixel Tags or other technologies. Information collected may be used, among other things, to
deliver advertising targeted to your interests and to better understand the usage and
visitation of our Site and the other sites tracked by these third parties. This policy does
not apply to, and we are not responsible for, Cookies or Pixel Tags in third party ads, and
we encourage you to check the privacy policies of advertisers and/or ad services to learn
this practice and to know your choices about not having this information used by these
companies, click here or here.
How We Respond to Do Not Track Signals. We do not currently respond to “do not track” signals
or other mechanisms that might enable consumers to opt out of tracking on our Site.
Flash LSOs. When we post videos, third parties may use local shared objects, known as “Flash
Cookies,” to store your preferences for volume control or to personalize certain video
features. Flash Cookies are different from browser Cookies because of the amount and type of
data and how the data is stored. Cookie management tools provided by your browser will not
remove Flash Cookies. To learn how to manage privacy and storage settings for Flash Cookies,
Mobile Services. We may also collect non-personal information from your mobile device if you
have downloaded our Application(s). This information is generally used to help us deliver
the most relevant information to you. Examples of information that may be collected and used
include how you use the Application(s) and information about the type of device you use.
In addition, in the event our Application(s) crashes on your mobile device, we may receive
information about your mobile device model software version and device carrier, which allows
us to identify and fix bugs and otherwise improve the performance of our Application(s).
This information is sent to us as aggregated information and is not traceable to any
individual and cannot be used to identify an individual.
Analytics Services. We use third party analytics services, including but not limited to
Google Analytics (“Analytics Services”), to help analyze how users use our Site and
Services. We use the information we get from Analytics Services only to improve our Site and
Services. The information generated by the Cookies or other technologies about your use of
our Site and Services (the “Analytics Information”) is transmitted to the Analytics
Services. The Analytics Services use Analytics Information to compile reports on user
activity. The Analytics Services may also transfer the Analytics Information to third
parties where required to do so by law, or where such third parties process Analytics
Information on their behalf. Each Analytics Service’s ability to use and share Analytics
using our Site and Services, you consent to the processing of data about you by Analytics
Services in the manner and for the purposes set out above. For a full list of Analytics
Services, please contact us at email@example.com.
(a) General Use. In general, Personal Data you submit to us and Educational Data
that is automatically collected from our Products and Application is used to respond to requests
that you make, to aid us in serving you better, and to provide the Services to you. We use your
Personal Data and Educational Data in the following ways:
facilitate the creation of and secure your Account on our network;
identify you as a user in our system;
provide improved administration of our Site and Services;
provide the Services you request
improve the quality of experience when you interact with our Site and Services;
track your purchases of our Products;
tailor our Products and Services to your interests;
send you a welcome e-mail to verify ownership of the e-mail address provided when your
Account was created;
send you administrative e-mail notifications, such as security, or support and maintenance
respond to your inquiries related to employment opportunities or other requests;
send newsletters, surveys, offers, and other promotional materials related to our Services
and services made available by third parties and for other marketing purposes of Xpertesy.
(b) Creation of Anonymous Data. We may create Anonymous Data records from Personal Data
and Educational Data by excluding information (such as your name) that makes the data personally
identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we
may enhance the content of our Services and improve Site navigation. We reserve the right to use
Anonymous Data for any purpose and disclose Anonymous Data to third parties in our sole
Disclosure of Your Personal Data and Educational Data. We disclose your Personal Data and Educational Data
(a) Third Parties Designated by You. When you use the Services, the Personal
Data you provide and Educational Data that is automatically collected from our Products and Application
will be shared with the third parties that you designate to receive such information, including
other websites, your friends, relatives and business associates. Depending on the type of access
you grant to such third parties, they may also be permitted to edit the information you have
provided to us and to designate others to access and edit such information. You may change your
settings at any time as to who has access to your information by going to your account settings
and changing your publishing options.
(b) Third Party Service Providers. We may share your Personal Data and Educational Data with
third party service providers to: provide you with the Services that we offer you through our
Site, including fulfilling orders, processing credit card payments, or other functions necessary
for our business; to conduct quality assurance testing; to facilitate creation of accounts; to
provide technical support; and/or to provide other services to Xpertesy. These third party service
providers are required not to use your Personal Data or Educational Data other than to provide the
services requested by Xpertesy.
(c) Affiliates. We may share some or all of your Personal Data and Educational Data with our
parent, subsidiaries, joint ventures, or other companies under a common control
(“Affiliates”), in which case we will require our Affiliates to honor this Privacy
(d) Corporate Restructuring. We may share some or all of your Personal Data and Educational Data
in connection with or during negotiation of any merger, financing, acquisition or dissolution,
transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a
portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership,
Personal Data may also be transferred as a business asset. If another company acquires our
company, business, or assets, that company will possess the Personal Data and Educational Data
collected by us and will assume the rights and obligations regarding your Personal Data and Body
(e) Social Networking Sites. Some of our Applications and Services may enable you to post
content to SNSs (e.g., Facebook or Twitter). If you choose to do this, we will provide
information to such SNSs in accordance with your elections. You acknowledge and agree that you
are solely responsible for your use of those websites and that it is your responsibility to
be responsible or liable for: (i) the availability or accuracy of such SNSs; (ii) the content,
products or services on or availability of such SNSs; or (iii) your use of any such SNSs.
(f) Public Profile. Certain portions of the information you provide to us may also be
displayed in your Profile. As an essential element of the Services, most of the Personal Data
you explicitly provide to us when you register or update your Profile is displayed on your
Profile. Your photos, posts, friends, and other content you post to the Site are also meant for
public consumption. We may display this content on the Site, and further distribute it to a
wider audience through third party sites and services. Once displayed on publicly viewable web
pages, that information can be collected and used by others. We cannot control who reads your
posting or what other users may do with the information that you voluntarily post, so it is very
important that you do not put Personal Data or Educational Data in your posts. Once you have posted
information publicly, while you will still be able to edit and delete it on the Site, you will
not be able to edit or delete such information cached, collected, and stored elsewhere by others
(e.g., search engines).
(g) Other Disclosures. Regardless of any choices you make regarding your Personal Data and
Educational Data (as described below), Xpertesy may disclose Personal Data and Educational Data if it believes in
good faith that such disclosure is necessary (a) in connection with any legal investigation; (b)
to comply with relevant laws or to respond to subpoenas or warrants served on Xpertesy; (c) to
protect or defend the rights or property of Xpertesy or its users of the Site or Services; and/or
(d) to investigate or assist in preventing any violation or potential violation of the law, this
Your Choices Regarding Your Information. You have several choices regarding use of
information on our Services:
(a) Email Communications. We will periodically send you free newsletters and
e-mails that directly promote the use of our Site or Services. When you receive newsletters or
promotional communications from us, you may indicate a preference to stop receiving further
communications from us and you will have the opportunity to “opt-out” by following the
unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please
see contact information above). Despite your indicated e-mail preferences, we may send you
(b) Cookies. If you decide at any time that you no longer wish to accept cookies from our
Service for any of the purposes described above, then you can instruct your browser, by changing
its settings, to stop accepting cookies or to prompt you before accepting a cookie from the
websites you visit. Consult your browser’s technical information. If you do not accept cookies,
however, you may not be able to use all portions of the Service or all functionality of the
Service. If you have any questions about how to disable or modify cookies, please let us know at
the contact information provided above.
(c) De-Linking SNS. If you decide at any time that you no longer wish to have your SNS
account (e.g., Facebook or Twitter) linked to your Account, then you may de-link the SNS account
in the “preferences” section in your account settings. You may also manage the sharing of
certain Personal Data with us when you connect with us through an SNS, such as through Facebook
Connect. Please refer to the privacy settings of the SNS to determine how you may adjust our
permissions and manage the interactivity between the Services and your social media account or
(d) Changing or Deleting Your Personal Data and Educational Data. All Users may review, update,
correct or delete the Personal Information in their User account and Educational Data by contacting us
or by editing their profile via the Service. If you completely delete all of your Personal
Information or Educational Data, then your User account may become deactivated, and you may no longer
be able to utilize our Services. We will use commercially reasonable efforts to honor your
request. We may retain an archived copy of your records as required by law or for legitimate
business purposes. (For more information on how to control your User Content on the Service,
including information regarding the use and storage of your User Content, please see our Terms
(e) Applications. You can stop all collection of information, including Educational Data, by the
Application(s) by uninstalling the Application(s). You may use the standard uninstall processes
as may be available as part of your mobile device or via the mobile application marketplace or