Effective date: October 30, 2018.
This Privacy Notice informs you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from visitors and registered users of our sites. This Privacy Notice applies only to information that you provide to us through the respective Site and explains in plain language what we do with that information, how we share it, and how we handle the content you place. It also explains your rights and the choices available to you regarding our use of your personal information and how you can access and update this information.
This Privacy Notice applies to the information that we obtain through your use of “Site” via a “Device” or when you otherwise interact with us. A “Device” is any computer used to access the “Site”, including without limitation a desktop, laptop, mobile phone, tablet, or other consumer electronic device. “Site” includes the Epignosis website and the Epignosis services sites but does not include any other own or third party products or services for which a separate Privacy Notice is provided. These are third party products or services that you may choose to integrate with the Epignosis services. You should always review the policies of third party products and services to make sure you are comfortable with the ways in which they collect and use your information.
By registering for or using Epignosis Services and accepting the respective Terms of Service you consent to the collection, transfer, processing, storage, disclosure and other uses described in this Privacy Notice.
1. Who We Are
Epignosis: The Epignosis Group of companies (“Epignosis”) provide accessible and affordable eLearning services including TalentLMS, eFront and TalentCards to any single company or organization worldwide. “Epignosis LLC”, located in the United States of America (315 Montgomery Street (9th Floor) San Francisco, California CA 94104 USA tel. (+1) 646 797 2799) and “Epignosis UK LtD”, having as seat of establishment the United Kingdom (24 Upper Hall Park, Berkhamsted, Hertfordshire, tel. (+44) 20 7193 1614) promote and provide eLearning services, while the Greek Branch (Lykourgou Str. 1, Athens, 10551, (+30) 211 800 6449) of Epignosis UK Ltd is responsible for the management, maintenance and operation of the Learning Management Solutions. The Epignosis Group complies with Data Protection Laws, including the European regulation for data protection 2016/679/EU (General Data Protection Regulation – GDPR). Epignosis will not knowingly do anything or permit anything to be done which might lead to a breach of the Data Protection Laws. Epignosis LLC has certified its compliance with the EU-U.S. Privacy Shield Framework and is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield website.
2. Collection: The Personally Identifiable Information We Collect
In some cases another User (such as an administrator) may create an account on your behalf and may provide your information, including Personal Information (most commonly when your company requests that you use our service). We collect Information under the direction of our Customers and often have no direct relationship with the individuals whose personal data we process. If you are an employee of one of our Customers and would no longer like us to process your information, please contact your employer and us at the contact information below.
Customers: In addition to the data we collect for all Users, we also collect data that are required for your contract with us, such as your company affiliation, invoicing data and also service usage data that prove that the service is used in accordance to your subscription terms, We may also acquire additional data through our Customers’ support requests to the extent this is required for us to resolve a technical issue or respond to a request or complaint. We also email to our Customers newsletters, announcements regarding the service, or marketing material. If you are a Customer and no longer wish to receive such emails you can remove yourself from the recipients list at any time by selecting the “unsubscribe” link provided within the e-mail footer. If you are providing information (including Personal Information) about someone else, you must have the authority to act for them and to consent to the collection and use of their Personal Information.
Credit Cards: We do not store your credit card information in our systems. All credit card transactions are processed using secure encryption – the same level of encryption used by leading banks. Card information is transmitted, stored, and processed securely at gateways on a PCI-compliant network.
Content: We collect and store Content that you create, input, submit, post, upload, transmit, store or display in the process of using our “Site”. Such Content includes any Personal Information or other sensitive information that you choose to include (“incidentally-collected Personal Information”). Although Epignosis owns the code, databases, and all rights to our services, Customers retain ownership, control and all rights to their records and data which are their property.
Other submissions: We collect other data that you submit to our “Site” or as you participate in any interactive features of our Services, participate in a survey, contest, activity or event, request Customer support, or otherwise communicate with us.
3. How We Use, Process and Retain Personal Information
Personal Information is or may be used for the following purposes:
- to provide and improve our Site, services, features and content,
- to administer your use of our Site,
- to enable you to enjoy and easily navigate the Site,
- to better understand your needs and interests,
- to fulfill requests you may make,
- to personalize your experience,
- to provide or offer software updates and product announcements, and
- to provide you with further information and offers from us or third parties that we believe you may find useful or interesting, including newsletters, marketing or promotional.
We collect and process personal data in a transparent manner, to the extent necessary for specified, explicit and legitimate purposes, and do not process it further in a manner incompatible with those purposes. We take care that the data we collect are accurate and, when necessary, updated. We take all reasonable steps to immediately delete or rectify personal data, if inaccurate. We process data in a way that guarantees their security, including their protection against unauthorized or unlawful processing and accidental loss, destruction or degradation, using appropriate technical or organizational measures. We are ready to prove at any moment how we adhere to the above principles. We take the appropriate technical and organizational measures for the security, confidentiality, integrity and availability of the data. We expressly declare that these measures ensure that, by definition, personal data are not made accessible without the intervention of the natural person to an indeterminate number of natural persons.
Each domain’s data are retained for as long as the Customer’s subscription to the service lasts. Upon contract expiration the data will be deleted or returned to the Customer if the Customer instructs us to. Alternatively, the retention period is as specified in the respective Service agreement and in any case data are not retained beyond twelve (12) months after an Epignosis service is terminated.
4. Information Sharing and Disclosure
Users: We will display your Personal Information in your profile page and elsewhere on the Site according to the preferences you set in your account. Any information you choose to provide should reflect how much you want other Users to know about you. We recommend that you guard your anonymity and sensitive information, and we encourage you to think carefully about what information you disclose in your profile pages. You can review and revise your profile information at any time. You should be aware that the administrator, as well as specially designated support personnel in order to provide support for technical issues you may face, may be able to: access information in and about your account; access communications history, including file attachments, for your account; disclose, restrict, or access information that you have provided or that is made available to you when using your account, including your Content; and control how your account may be accessed or deleted.
Third Parties: We do not sell your Personal Information or Content and will not share or disclose any of your Personal Information or Content with third parties except as described in this policy. We do not share Personal Information about you with third parties for their marketing purposes (including direct marketing purposes). Service Providers, Business Partners and Others: For security, service operation and management purposes, our services also use third-party services that provide the same level of protection as Epignosis. Third-party vendors and providers supply the necessary hardware, software, networking and storage to run the Epignosis services; a detailed listing of them is included in the Terms of Service in the Data Processing Addendum (DPA) of each service. These third parties have access to your Personal Information only for purposes of performing these tasks on our behalf.
Compliance with Laws and Law Enforcement: Epignosis cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Epignosis or a third party, to protect the safety of the public or any person, or to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable.
Children: Our services are not directed to children. We do not knowingly collect Personal Information from children. If we become aware that a child has provided us with Personal Information, we will take steps to delete such information. If you become aware that a child has provided us with Personal Information, please contact us at the contact information below.
Business Transfers: We may share or transfer your Information (including your Personal Information) in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. You will be notified on any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information.
5. Your Rights
Epignosis respects your rights as a data subject. When Epignosis processes personal data on behalf of and as instructed by its Customers, our Customers are responsible towards the data subjects and you should contact the respective Customer to which the content of your service belongs for exercising your rights. In this case, Epignosis does not respond directly to your requests for the exercise of your rights that come to our knowledge, but we inform the Customer without delay and provide all reasonable and reasonable assistance to satisfy your requests in accordance with instructions of the Customer. The Epignosis services have all the necessary features to enable our Customers to exercise the rights of the data subjects on their behalf. For example, the service provides the ability to obtain and manage consent, and to implement strict and secure password policies as well as to exercise the right to be forgotten.
A synopsis of your rights as a data subject is provided below. You may also refer to the GDPR page of our services (https://www.talentlms.com/gdpr, https://www.efrontlearning.com/gdpr, https://www.talentcards.io/gdpr) for detailed step-by-step instructions on how you can exercise these rights by means of invoking the respective service features.
Access: You have the right to receive from Epignosis confirmation on whether your personal data are processed and in case this happens all required information thereof (processing means, goal, records etc.).
Rectification: You have the right to require the rectification of inaccurate data relating to you without undue delay, as well as to fill in incomplete data if necessary for processing. If you have an account on our Site you can update your account data through your profile.
Erasure: You have the right to ask for the erasure of personal data concerning you without undue delay. Epignosis by means of its designated personnel will erase the data where one of the following grounds applies: a) the personal data are no longer necessary in relation to the purposes of processing; or b) the person requesting the erasure withdraws consent on which the processing is based and there is no other legal ground for the processing; or c) the data subject objects to the processing and there are no overriding legitimate grounds for the processing or the data subject objects to processing for direct marketing; or d) the personal data have to be erased for compliance with a legal obligation. Epignosis will not proceed to the erasure of the personal data if the data must be maintained for compliance with a legal obligation or in cases where the processing is required for the establishment, exercise or defence of legal claims. If you receive marketing emails, you can remove yourself from the recipients list by selecting the “unsubscribe” link within the e-mail.
Restriction of processing: You have the right to request restriction of processing if the accuracy of personal data is disputed, for that period of time that allows Epignosis to verify the accuracy of personal data or based on any other legitimate reason specified in applicable Data Protection Laws.
Data Portability: You have the right to receive your personal data in a structured, commonly used and machine-readable format as well as the right to request the direct transmission of personal data by Epignosis to another, if this is technically feasible.
Right to Object: You may oppose the processing of personal data which takes place without your consent. In this case, Epignosis no longer submits the personal data unless it demonstrates imperative and legitimate reasons for the processing that outweigh the interests, rights and freedoms of you as a data subject or for the foundation, exercise or support of legal claims. If you receive promotional emails, you can remove yourself from the recipients list by selecting the “unsubscribe” link within the e-mail content. You may also oppose processing at any time by contacting us at the email provided at the end of this Privacy Notice.
Complaint to Supervisory Authority: You have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of your personal data infringes Data Privacy Laws.
Epignosis is very concerned with safeguarding your information. We employ reasonable measures designed to protect your information from unauthorized access.
7. Data Ownership
Although Epignosis owns the code, databases, and all rights to the Epignosis services, Customers retain ownership, control and all rights to their records and data which are their property.
8. Data Transfers from the EU to the United States – Privacy Shield
Epignosis is responsible for the processing of Personal Information it receives under the Privacy Shield Framework and subsequently transfers to a third party acting as an agent on its behalf. We comply with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Framework, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider JAMS (free of charge to you).
Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
9. Cooperation With Supervisory Authorities
Epignosis commits to cooperate with the panel established by the EU data protection authorities (DPAs) and comply with the advice given by the panel with regard to data transferred from the EU, while Epignosis LLC is represented within the Union by the English company Epignosis UK Ltd.
10. Contacting Us
If you have any questions about this Privacy Notice or related request, please contact us at: privacy at epignosishq dot com.