EU Personal Data
If you reside in the European Union (EU), the United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional privacy rights in relation to your Personal Data under the European Union's General Data Protection Regulation (GDPR).
U.S. School-Based Users
If you are a high school student and have an account provided by your school (a “U.S. School-based Student”), you must be at least 13 years of age to access the Services.
When you register with us and become an Artclever Member, we will ask you to provide Personal Data. “Personal Data” refers to the information that includes, but is not limited to, your name and email address, and can be used to contact or individually identify you. Please note that we do not collect your credit card or billing information. Transactions on Artclever that involve billing and payment are processed by PayPal and Stripe, and their respective privacy policies apply.
Personal data or content that you voluntarily reveal in public areas becomes publicly accessible and can be collected and utilized by other users for any purpose. Your profile pages (“Profile”) and online classrooms that you participate in are usually open to the public. You have the ability to adjust your account settings to limit access to your profile, and you can delete content that you post in public classrooms. If you need help with controlling your account privacy settings or deleting content, please reach out to us at email@example.com. The removal of posted content does not guarantee complete or thorough removal of the content or information (e.g., some content may remain on our servers in some form even though it is not visible to other users). You should be cautious before sharing your personal data through these or any other public platforms.
For instance, if you decide to create an Artclever account, you will have a profile on the site that displays your full name and basic information, such as your location and bio. You can add more optional information to your profile. You can control the type of profile information that is visible to others through your Account Settings. The information you choose to include in your profile should reflect how much you want other Artclever users to know about you. We recommend that you protect your anonymity and sensitive information, and we advise users to consider carefully the information they reveal in their profile pages. You can review and modify your profile information at any time.
As outlined in our terms of service, we do not intentionally collect or request personal data from individuals under 16 years old, unless they are school-based users in the U.S. If you are under 16 and not a U.S. school-based user, please do not attempt to register for our services or provide us with your personal data. If we learn that we have received personal data from a child under 16, who is not a school-based user, we will immediately remove that information. If you believe a child under 16 may have provided us with their personal data, please contact us at firstname.lastname@example.org.
We use two types of cookies: session and persistent. Session cookies are temporary and only exist while you are visiting our website or using our services. Persistent cookies, on the other hand, remain on your device for a set period of time after you leave our website or services. We use persistent cookies to save your preferences, track your visits and usage of our services over time, and measure the success of our advertising efforts. Our services may collect information about your online activity even after you leave the site, and we do not currently support "Do Not Track" requests.
Cookies from third parties may be placed on your device and track your browsing activity, including visits to our site or services, pages viewed, and advertisements clicked. This information can be used to determine usage of third party services, determine interests, show targeted advertisements, and serve relevant advertisements to you. We have no control over third party Cookies.
We use different types of Cookies for different purposes:
- Essential Cookies: These are required to provide you with features or services you have requested. For example, to log into secure areas of the Site or Services. If you disable these Cookies, certain features and services may become unavailable.
- Functionality Cookies: These keep track of your choices and settings, maintain your preferences, and recognize you when you return to the Services. They help personalize content for you, greet you by name, and remember your preferences such as language or region.
- Retargeting/Advertising Cookies: These collect data about your online activity and identify your interests to provide relevant advertising.
You have the choice to accept or decline Cookies. You can do this through your internet browser's settings by turning off the Cookie feature or deleting all Cookies that are stored on your computer. If you choose to decline Cookies, some preferences may need to be adjusted every time you visit a website and certain services and features may not work. To learn more about Cookie settings and options, check your browser's menu under the "preferences" or "options" section. For further information on Cookies, including how to manage and delete them, visit https://ico.org.uk/for-the-public/online/cookies/ or http://www.allaboutcookies.org/.
Third Party Advertising
We partner with third party companies such as Facebook and Google AdWords to advertise our Services on the internet. These companies may utilize technologies such as cookies, web beacons, and storage technologies to gather information from our Services and other online sources, and use this information to measure the success of their advertising and display targeted ads to you. We only collaborate with providers who have agreed to not display ads to people under the age of 18.
A cookie is utilized to signal to other websites that you visited a particular page and helps us tailor our advertising to better fit your needs by only showing you ads that are relevant to you. This cookie does not give access to your computer or mobile device in any way.
If you do not wish to receive ads from us, you have the option to opt-out in several ways such as:
Additionally, we may display interest-based ads to you when using Facebook via the Custom Audience Tool which lets us personalize our ads based on your use of the Services, but we do not share any personal information with Facebook. This tool converts your email address to a unique number that Facebook uses to match with unique numbers generated from other users' email addresses. Information on how to opt-out of this type of advertising can be found here.
The Services may contain links to external websites or services that are not controlled by us. We cannot be held responsible for the privacy practices or the content of these external websites or services, so it's important that you review their privacy policies before sharing any personal data. For example, teacher payments for classes are processed through third-party payment processors. As previously stated, we do not receive any credit card information you provide to these third-party processors, and such information is subject to their privacy policies.
In the case of a merger or acquisition by a third party entity, we reserve the right to transfer or assign the user information, including Personal Data, as part of the transaction. If we were to face bankruptcy, insolvency, reorganization, receivership, or if laws affecting creditors' rights were applied, we may not be able to control the treatment, transfer, or use of your Personal Data.
Transfers to the United States
California Privacy Rights
California Civil Code Section 1798.83 allows California residents who use the Services to request information about our disclosure of Personal Data to third parties for their direct marketing purposes. To make this request, please send an email with the subject "California Privacy Rights" to email@example.com, or send a letter to the following address.
EU Privacy Notice
If you are located in the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights regarding your Personal Data under the EU General Data Protection Regulation (the “GDPR”).
In this EU Privacy Notice section, the terms “Personal Data” and “processing” are used as defined in the GDPR. Personal Data generally refers to information that can identify an individual, and processing refers to actions that can be performed with data such as collection, use, storage, and disclosure. Artclever will act as the controller of your Personal Data processed in connection with the Services.
We may collect Personal Data about you through various methods, such as when you provide the information directly to us, when third parties such as business partners or service providers provide us with your Personal Data, or when your Personal Data is automatically collected through your use of our Services.
Information we collect directly from you: We receive Personal Data directly from you when you provide us with such Personal Data, including without limitation the following:
- First and last name
- Email address
- Date of birth
- Biographical information
- Location information (limited to city, state, zip code, country, and time zone)
- Employment history
- Links to your social media accounts
- Any additional details that you elect to make public on the Services, for instance, anything you post on a publicly accessible section of your Profile or in a virtual classroom within the Services.
Some outside sources such as our business partners and service providers supply us with your Personal Data. This can include:
- Account details from third-party services: If you use a third-party service while accessing our Services (e.g. logging in through Facebook Connect), or if you share content from our Services on a third-party social media platform, that third-party service will send us information about you (if allowed by the service's policies and your account settings).
- Information from advertising partners: Our service providers help us with marketing and promotional activities, and they give us information about how you interact with our websites, products, services, advertisements, and communications.
- Data from third-party service providers: Some of our third-party service providers (e.g. Lever) collect Personal Data about our employees and job candidates, which they then share with us.
Information we automatically collect when you use our Services: Some Personal Data is automatically collected when you use our Services, such as the following:
- IP address
- Your activity on the Services. This includes class usage information such as class enrollment and which classes you’ve watched. It also includes community interaction data, such as which members you’re following, your comments, your projects, or project likes.
- Device identifiers
- Web browser information
- Page view statistics
- Browsing history
- Transaction information (e.g. transaction amount, date and time such transaction occurred)
- Cookies and other tracking technologies (e.g. web beacons, pixel tags, SDKs, etc.). For more information, please review the “Information about cookies» section above.
- Location information (e.g. IP address)
- Log data (e.g. access times, hardware and software information)
How Do We Use Your Personal Data? We process Personal Data to operate, improve, understand and personalize our Services. For example, we use Personal Data to:
- Create and manage user accounts and profiles
- Personalize content on the Services. This includes showing users their saved classes and class watch history, and providing class recommendations.
- Provide users and Teachers with community features
- Provide Teachers with student lists and pay Teachers appropriately
- Communicate with you about the Services
- Contact you with announcements, updates or offers regarding the Services
- Process orders
- Provide support and assistance for the Services
- Analyze and improve the Services
- Meet contract or legal obligations
- Respond and fulfill user inquiries and requests
- Resolve disputes
- Protect against or deter fraudulent, illegal or harmful actions
- Enforce our Terms of Service
- Complete corporate transactions (for more information, see our “Business Transfers” section above)
We will only use your Personal Data if we have a valid reason for doing so. Valid reasons for processing include obtaining your consent, fulfilling contract requirements, and pursuing our or others' legitimate interests, as described in more detail below.
- Contractual Necessity: We process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms of Service with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.
- First and last name
- Email address
- If you are a Teacher, the content of your classes
- Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties.
- First and last name
- Email address
- Location information
- IP address
- Your activity on the Services, including class usage information and community interaction data
- Examples of these legitimate interests include:
- Operation and improvement of our business, products and services
- Personalization of web content on the Service
- Analyzing the use of the Services
- Marketing of our products and services
- Provision of customer support
- Protection from fraud or security threats
- Compliance with legal obligations
- Completion of corporate transactions
- Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
- Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.
- Payment processors
- Fraud prevention service providers
- Third party providers of advertising services
- Ad networks and marketing tools
- Analytics service providers
- Engineering and development tools
- Staff augmentation and contract personnel
- Hosting service providers
We also share Personal Data when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested. In addition to those set forth above, these parties also include:
- Other users (where you post information publicly or as otherwise necessary to effect a transaction initiated or authorized by you through the Services), such as when users and Teachers interact through the Services
- Social media services (if you interact with them through your use of the Services)
- Third party business partners who you access through the Services
We also share Personal Data when we believe it is necessary to:
- Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies
- Protect us, our business or our users, for example to enforce our terms of service, prevent spam or other unwanted communications and investigate or protect against fraud
- Maintain the security of our products and services
We also share information with third parties when you give us consent to do so. Furthermore, you acknowledge that we may transfer your Personal Data, and that any acquirer of us or our assets may continue to use your Personal Data, as set forth in the “Business Transfers” section above.
How Long Do We Retain Your Personal Data? We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you Services. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.
What Security Measures Do We Use? We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity.
Personal Data of Children: As noted above, we do not knowingly collect or solicit Personal Data from anyone under the age of 16.
What Rights Do You Have Regarding Your Personal Data? You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email firstname.lastname@example.org. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.
- Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by emailing email@example.com
- Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by making changes to your Profile. You can request that we correct or supplement such data by emailing firstname.lastname@example.org.
- Erasure: You can request that we erase some or all of your Personal Data from our systems by emailing email@example.com
- Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
- Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
- Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
- Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
- Right to File Complaint: You have the right to lodge a complaint about Artclever’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.
Transfers of Personal Data: The Services are hosted and operated in the United States (“U.S.”) through Artclever and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Artclever in the U.S. and will be hosted on U.S. servers, and you authorize Artclever to transfer, store and process your information to and in the U.S., and possibly other countries. You hereby consent to the transfer of your data to the U.S. as set forth herein.
Artclever is committed to the Principles of the EU-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce regarding the collection and use of Personal Data transferred from the EU. These Principles are (1) notice, (2) consent, (3) accountability for onward transfer, (4) security, (5) data integrity and purpose limitation, (6) access and (7) recourse, enforcement and liability with respect to all Personal Data received from within the EU in reliance on the Privacy Shield. The Privacy Shield Principles require that we remain potentially liable if any third party processing Personal Data on our behalf fails to comply with these Privacy Shield Principles (except to the extent we are not responsible for the event giving rise to any alleged damage). Artclever’s compliance with the Privacy Shield is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. For more information about the Privacy Shield Program, please visit https://www.privacyshield.gov/.
Please contact us at firstname.lastname@example.org with any questions or concerns relating to the Privacy Shield. If you do not receive timely acknowledgment of your Privacy Shield-related complaint from us, or if we have not resolved your complaint, you may also resolve a Privacy Shield-related complaint through JAMS, an alternative dispute resolution provider located in the United States.
You can visit //www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim for more information or to file a complaint, at no cost to you. Under certain conditions, you may also be entitled to invoke binding arbitration for complaints not resolved by other means.
What If You Have Questions Regarding Your Personal Data? If you have any questions about this EU Privacy Notice or our data practices generally, please contact us using the following information:
Email address for contact:
12376 Mount Jefferson Terr
Lake Oswego, OR 97035
+1 415 910 9144