Welcome to Enkademy. We know that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. Enkademy (“we,” “us,” or “our”) provides this Privacy Policy (“Policy” or “Privacy Policy”) to describe the information we collect, how we use it, and when and with whom we share it. This Policy applies to the general-audience Enkademy website (the “Site”) located at www.enkademy.com, the Enkademy mobile device application (the “App,” collectively with the Site, the “Services”). By accessing or using the Services, you agree to this Policy. If you do not agree to this Policy, please do not access or use the Services. Enkademy is the data controller for your information.  

1. The Information We Collect

We collect information about you through providing our Services. The types of information we collect depends on the Services and the features you use on the Services. Please note that we need certain types of information to provide the Services to you. If you do not provide us with such information, or if you ask us to delete that information, you may no longer be able to access or use certain Services.

a) Information You Provide Directly to Us

We may collect information that you provide directly to us through:

• Your use of our Services, e.g. when you register for an account or use the tutoring services we offer;
• Your participation in surveys or when you fill out our forms;
• Your request for information about our Services, such as when inquiring about our tutoring services;
• Your purchase or use of our Services, such as when you engage with a tutor or student on our Services; 
• Your subscription to newsletters;
• Your registration for contests or promotions;
• Your requests for support and/or technical assistance;
• Your transmission of user content or other information to us; and
• Any other communications you have with us.

The information you provide directly to us may concern you or others and may include, but is not limited to: 

• Account Registration and Contact Information: We may collect information from you when you sign up for an account with us. That information may include, among other things, your name, a username, email address, profile picture, display name, password, date of birth, address, gender, and other information you provide.
• Payment and Financial Information: We or our service providers may collect payment information from you, such as payment card number, expiration date, billing address, and payment account name. 
• Demographic Information: We may collect your demographic information such as your country of residence, time zone, and language(s) spoken.
• Audio/Video Tutoring Session Data: When you use our Services to engage with a tutor or student, we retain recordings of the video and chat sessions. We may use such recordings for our internal business purposes, including without limitation for purposes of tutor evaluation, tutor training, dispute resolution, and improving our Services.  Tutors may also create a tutor profile video.
• Other Content and Other Information You Provide to Us: We collect additional content and information that you voluntarily provide us, such as content you submit when you, respond to surveys, use the classroom whiteboard, contact us via the Services or by e-mail. 

You are not required to provide us with such information, but certain features of the Services may not be accessible or available, absent the provision of the requested information.

b) Information from Affiliates and Non-Affiliated Third Parties

We may collect information about you or others through our affiliates or through non-affiliated third parties. For example, Enkademy tutors may take notes on your conversations, based on information provided during tutoring sessions. We may combine information that we collect from you through the Services with information that we obtain from such third parties, such as if you sign in with a third party service or social media networks, and information derived from other products or services we provide.

c) Information We Collect Automatically

Device/Usage Information. We and our third-party service providers, which include ad networks and analytics companies such as Google Analytics, may use cookies, web beacons, and other tracking technologies to collect information about the computers or devices (including mobile devices) you use to access the Services. As described further below, we may collect and analyse information including but not limited to (a) browser type; (b) ISP or operating system; (c) domain name; (d) access time; (e) referring or exit pages; (f) page views; (g) IP address; (h) unique device identifiers (e.g. IDFA or Android ID); and (i) the type of device that you use. We may also track when and how frequently you access or use the Services, including how you engage with or navigate our website or mobile application. We use this information (including the information collected by our third-party service providers) for analytics (including to determine which portions of the Services are used most frequently and what our users like/do not like), to assist in determining relevant advertising (both on and off the Services), to evaluate the success of our advertising campaigns, and as otherwise described in this Privacy Policy.

Cookies and Other Electronic Technologies. We and our third-party service providers may use cookies, clear GIFs, pixel tags, and other technologies that help us better understand user behaviour, personalise preferences, perform research and analytics, and improve the Services. These technologies, for example, may allow us to tailor the Services to your needs, save your password in password-protected areas, track the pages you visit, help us manage content, and compile statistics about usage of our Services. We or our third-party service providers also may use certain of these technologies in emails to our customers to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

We may also use local shared objects (also known as “Flash cookies”) to assist in delivering special content, such as video clips or animation. Flash cookies are stored on your device, but they are not managed through your web browser. To learn more about how to manage Flash cookies, you can visit the Adobe website and make changes at the Global Privacy Settings Panel.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but your browser may allow you to modify your browser settings to decline cookies if you prefer. If you disable cookies, you may be prevented from taking full advantage of the Services, because the Services may not function properly. Flash cookies operate differently than browser cookies, and cookie management tools available in a web browser may not affect flash cookies. As we adopt additional technologies, we may also gather additional information through other methods.

Location Information. When you use the Services, we may collect general location information (such as general location inferred from an IP address). 

2. How We Use the Information We Collect

We use your information for business and commercial purposes, such as:

• To provide you with the Services, including to register you for an account, enable tutoring sessions, and process transactions;
• To respond to your questions or inquiries, including to provide support and troubleshooting assistance;
• To communicate with you, including to communicate with you about your account, inquiries, our company, and related news, as well as to send you promotional emails, surveys, newsletters, or notifications;
• To manage and remember your preferences and customize the Services;
• To analyse and improve the Services or any other products and services we provide;
• To administer surveys, sweepstakes, promotions, or contests;
• To improve our advertising and marketing, such as to provide you with recommendations for products or services that may interest you;
• To verify your identity;
• To comply with our legal obligations or as permitted by law;
• To protect the safety and/or integrity of our users, employees, third parties, members of the public, and/or our Services;
• To prevent fraud and enforce our legal terms; and
• To administer and troubleshoot the Services.

We may combine information that we collect from you through the Services with information that we obtain from affiliated and non-affiliated third parties, and information derived from any other products or services we provide.

We may aggregate and/or de-identify information collected through the Services. We may use de-identified or aggregated data for any purpose, including without limitation for research and marketing purposes and may also share such data with any third parties, including without limitation, advertisers, promotional partners, sponsors, event promoters, and/or others.

3. With Whom & Why We Share Your Information

We may share or disclose your personal information for the following reasons:

• Affiliates: We may share your information with Enkademy affiliates.
• Consent/At Your Direction. We may disclose your information to non-affiliated third parties based on your consent to do so. Such consent includes the disclosure of your information (a) in order to connect you with a tutor or student or otherwise in a tutoring session; (b) when we have your permission, such as if you direct us to share information about a tutoring session on a social networking site; or (c) as described in this Privacy Policy, the User Agreement, or any other legal terms governing your use of the Services. 
• Service Providers: We provide access to or share your information with select vendors who perform services on our behalf. They provide a variety of services to us, including data storage, analytics, billing, marketing, product content and features, customer service, data storage, security, fraud prevention, and legal services.
• Protection of Enkademy and Others: We may share or disclose certain information if we believe in good faith that doing so is necessary or appropriate to (i) protect or defend the rights, safety, or property of Enkademy or third parties, including to defend or enforce our Privacy Policy, our User Agreement, or any other contractual arrangement; (ii) respond to your requests for customer service; and/or (iii) protect the rights, property or personal safety of Enkademy, its agents and affiliates, its employees, users and/or the public.
• Legal Requirements: We may share or disclose certain information if we believe in good faith that doing so is necessary or appropriate to comply with any law enforcement, legal, or regulatory process, such as to respond to a warrant, subpoena, court order, or other applicable laws and regulations.
• Business Transfer: We may share or disclose certain 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.
• Aggregate/Anonymous Information: From time to time, we may share aggregate/anonymous information about use of the Services, such as by creating reports on usage trends. The sharing of such data is unrestricted.

4. Online Analytics and Advertising 
   1. Analytics

We may use third-party web analytics services on the Services, such as those of Google Analytics. These service providers use the sort of technology described in the “Information we collect automatically” section above to help us analyse how users use the Services, including by noting the third-party website from which you arrive. The information collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services. We also use Google Analytics for certain purposes related to advertising, as described in the following section. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-Out Browser Add-on.

1. Advertising

We may allow other third parties (e.g., ad networks and ad servers such as Google Analytics) to access their own cookies or other tracking technologies on your computer, mobile phone, or other device you use to access the Services. We neither have access to, nor does this Privacy Policy govern, the use of cookies or other tracking technologies that may be placed on your computer, mobile phone, or other device you use to access the Services by non-affiliated, third-party ad technologies, ad servers, ad networks or any other non-affiliated third parties. Those parties that use these technologies may offer you a way to opt out of targeted advertising as described below. You may receive tailored advertising on your computer through a web browser. Cookies may be associated with de-identified data linked to or derived from data you voluntarily have submitted to us (e.g., your email address) that we may share with a service provider in hashed, non-human-readable form.

If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored marketing, you may visit the Network Advertising Initiative’s (“NAI”) Consumer Opt-Out Link and/or the Digital Advertising Alliance’s (“DAA”) Consumer Opt-Out Link to opt-out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page. Please note that to the extent advertising technology is integrated into the Services, you may still receive advertising content even if you opt out of tailored advertising. In that case, the advertising content will just not be tailored to your interests. Also, we do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms. If your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your NAI or DAA opt-out may no longer be effective. Additional information is available on NAI’s and DAA’s websites, accessible by the above links.

5. Our Legal Bases for Use of Your Information

The laws of some jurisdictions such as the laws of the European Union require data controllers to tell you about the legal ground that they rely on for using, sharing, or disclosing of your information. To the extent those laws apply, our legal grounds are as follows:

• Contractual Commitments: We may use, share, or disclose information to honour our contractual commitments to you. For example, to comply with our User Agreement, which you accept by browsing or otherwise using our Services.
• With Your Consent: Where required by law, and in some other cases, we use, share, or disclose information on the basis of your consent.
• Legitimate Interests: In many cases, we use, share, or disclose information on the ground that it furthers our legitimate business interests in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals, such as customer service, certain promotional activities, analysing and improving our business, providing security for our Services, preventing fraud, and managing legal issues.
• Legal Compliance: We need to use, share, and disclose information in certain ways to comply with our legal obligations.

6. Security of Your Information

We implement security measures to protect your information. It is important that you protect and maintain the security of your account credentials and you need to immediately notify us of any unauthorized use of your account. Please understand that no data transmission over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us.

7. Consent to Transfer

Our computer systems are currently based in the United States, so your personal information will be processed by us in the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. By using the Services, you agree to this Privacy Policy and you consent to the transfer of all such information to the United States, which may not offer a level of protection equivalent to that required in the European Union, United Kingdom, or certain other countries, and to the processing of that information as described in this Privacy Policy.

8. Children’s Privacy

The Enkademy Site contains content appropriate for children, including those under the age of 13 in the United States or 16 in all other jurisdictions (“children”), and may collect personal information directly from children.

Our general-audience Services are directed to children. If you become aware that your child has provided us with personal information through the Services, please contact us at admin@enkademy.com. We do not knowingly collect personal information from children through the Services. If we become aware that a child has provided us with personal information, we will take steps to remove that information as required by applicable law and terminate the applicable account.

9. Third-Party Websites

Our Services may link to third-party websites from companies other than Enkademy, such as to relevant online resources, our partners’ websites, and other third-party websites. We are not responsible for the privacy practices or content of such other websites. If you have any questions about how these other websites use your information, you should review their policies and contact them directly. We are not responsible for the actions of third parties.

10. Your Choices

You have certain rights and choices with respect to your information, such as:

• Profile Information and Accounts: If you have an account on our Services, you can access and edit the information you provided to us through individual settings in the Services. If you want to terminate your account, please  request account termination through settings in the Services or by emailing admin@enkadamy.com.
• Marketing Emails: To opt out of marketing e-mail communications, you may click the “unsubscribe” link in the marketing e-mails. 
• Cookies & Analytics: You can opt out of certain cookie-related and analytics processing by following the instructions in this Privacy Policy.
• EU, Turkish and Brazilian Residents: You may have the following rights, under certain circumstances. To exercise any of your rights please email us at admin@enkademy.com. Your local laws may permit you to request that we:
  • Provide access to and/or a copy of certain information we hold about you
  • Prevent the processing of your information for direct marketing purposes (including any direct marketing processing based on profiling)
  • Update or rectify information which is out of date or incorrect
  • Delete certain information that we are holding about you
  • Oppose, cancel or restrict the way that we process and disclose certain information
  • Transfer your information to a third-party provider of services
  • Revoke your consent for the processing of your information

We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation. We may request that you provide us with information necessary to confirm your identity before responding to your request as required or permitted by applicable law.

• If you have unresolved concerns, you may lodge a complaint with your local data protection authority. 

Please note, however, that certain information may be exempt from such requests in some circumstances, which may include needing to continue processing your information to comply with a legal obligation. We may request that you provide us with information necessary to confirm your identity before responding to your request.

11. Changes to Our Privacy Policy

We may update this Policy from time to time. If we make material changes to our Policy, we will notify you and other users as required by law. By continuing to use our Services, you are agreeing to be bound by any changes or revisions made to this Privacy Policy.

12. Contacting Us

If you have any questions, comments, or concerns regarding our Privacy Policy or practices, please send an email to admin@enkademy.com or write to us at the following address:

Enkademy

16 Willowood, Wild Olive Estate

Bloemfontein, Free State

South Africa

9301