Privacy Policy/

Last updated June 01, 2018

This Online Privacy Policy describes the information practices of BNED LoudCloud, LLC (“LoudCloud”) with respect to the publically available websites and mobile applications operated by LoudCloud, which are related to the learning management and analytics services that LoudCloud provides (collectively, the “Sites”). The Online Privacy Policy does not apply to sites operated in connection with LoudCloud products and services, which are subject to the privacy policies posted on such sites.

Information LoudCloud Collects About You

Information You Provide to Us
LoudCloud may collect information, including personal information, directly from you when you visit the Sites. For example, we collect information from you when you create a user account, make purchases, subscribe to receive emails or notifications, or otherwise communicate with us through the Sites. “Personal Information” is information that identifies you specifically, and the types of Personal Information we collect may include your name, billing address, zip code, email address and phone number.

Information Collected Automatically
Certain information about you may be collected automatically when you access or use the Sites. This information may include IP address, browser and device type, operating system characteristics, information about your use of the Sites, data regarding your geographic location, and data regarding network-connected hardware (such as device or session ID, functionality, performance data). This information also may include clickstream data, which illustrates the page-by-page path(s) you take as you browse the Sites.

Cookies and Tracking GIFs. We may use “cookies” to collect information about you when you visit the Sites. Cookies are small text files placed on visitors’ computers/devices to store information about their activities on the Sites, such as their user preferences.
Most web browsers are set to automatically accept cookies, but many provide options to allow you to stop accepting new cookies or to disable existing cookies. Please be aware that if you disable the cookies on your computer you may not be able to use certain features of the Sites, and disabling cookies may invalidate opt-outs that rely on cookies to function.

It is possible that third parties may collect information about your online activities over time and across different websites and devices when you use the Sites. Note that your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. Like many websites, the Sites currently are not designed to respond to “Do Not Track” signals from visitors’ browsers. To learn more about “Do Not Track” you may wish to visit this site.

LoudCloud’s Use of Your Personal Information
We may use information we obtain about you for various purposes, including to:

  • administer your account and respond to your requests, including product requests
  • customize content supplied to you
  • contact you regarding your use of the Sites or, in our discretion, changes to our policies
  • communicate with you and send you information by email, postal mail, telephone, push notifications through our mobile applications, or other means about products, services, contests, and promotions, unless you have directed us not to contact you with promotional communications
  • perform and carry out our obligations under our agreements with colleges and universities and other third parties to provide services
    prevent, investigate, and deal with fraud, violations of intellectual property rights, and other laws, as well as unauthorized use of the Sites or of your account
  • comply with legal requirements, industry standards, and our policies
  • maintain and improve the Sites and to develop new content and products
  • monitor and analyze trends, usage, and activities of visitors to the Sites
  • as otherwise reasonable and appropriate to the legitimate business needs of LoudCloud related to the Sites

In addition, we and/or our third-party service providers may combine information we obtain about you through your use of the Sites so that LoudCloud can more effectively deliver content.

How We May Share Your Information
We may share your Personal Information with our affiliates (such as parent companies, subsidiaries, or other companies within our corporate family), and with our independent contractor agents, vendors, consultants, and other service providers to carry out work on our behalf related to the learning management and analytics services that we provide, or to assist us in providing learning management and analytics services or information to you. We may also share your Personal Information with the college and universities to which we provide learning management and analytics services.

We also may share information about you for the following purposes:

  • Disclosures as required by law or to prevent harm. We may disclose IP addresses, mobile device identifiers, or any other information we collect to identify users, in our discretion and without notice to you, for purposes of cooperating with copyright owners, Internet service providers, wireless service providers, or law enforcement agencies.
  • In the event of corporate sale or merger. LoudCloud may share information with third parties (such as purchasers, potential purchasers and their advisers) if LoudCloud or a portion of its assets is sold or offered for sale. We reserve the right to transfer any information we obtain about you through the Sites in the event we sell or transfer all or a portion of our business or assets (including in the event of a merger, reorganization, or liquidation).
  • Data Analytics. LoudCloud uses third-party web analytics services on the Sites, such as Google Analytics. These analytics services may collect information about your activities on the Sites to help us analyze how visitors use the Sites. To learn more about how Google may use information collected through the Sites, click here. To learn more about opting out of data collection through Google Analytics, click here.

Public Forums
Some of the Sites may, from time to time, feature chat rooms, message boards, news groups, and/or other public forums available to users. Any information that is disclosed in these areas may be visible to the public. You should exercise caution accordingly, and avoid disclosing Personal Information or other details that you do not want made public.

Children’s Privacy
The Sites are not intended for children, and are not targeted to children under the age of sixteen (16). We do not knowingly collect Personal Information from children under the age of 16 and if we learn that we have received information from a user under the age of 16, we will delete this information in accordance with applicable law.

Security
LoudCloud takes information security seriously and has taken reasonable measures to protect the Personal Information it collects by establishing appropriate administrative, technical, and physical safeguards to protect and prevent unauthorized access or other unintended disclosures.

Please be aware that submitting information over the Internet is inherently insecure and, accordingly, despite its reasonable efforts, LoudCloud cannot guarantee that unauthorized access or disclosure will never occur.

Links to Other Websites
The Sites may contain hyperlinks to other websites for your convenience and information. Those websites may be operated by entities not affiliated with LoudCloud, and may have their own privacy policies or notices, which we strongly suggest you review. LoudCloud is not responsible for the content or use of any linked websites that are not affiliated with LoudCloud.

Your Choices
You may opt out of being contacted by us. Depending on the nature of the Personal Information collection, you may opt out of such contact by following the unsubscribe instructions on any emails sent to you to opt out of such communications. You also may request to opt out of these communications by contacting us using the “Contact Us” details at the end of this Privacy Policy.

You are responsible for maintaining the accuracy of the information you submit to us, such as the contact information you provide when you register with the Sites. You may use the account settings page to review, correct, or update Personal Information you have provided to us to register with the Sites or otherwise. You may also request that changes be made to your Personal Information by using the “Contact Us” details at the end of this Privacy Policy. We will make good faith efforts to effect requested changes in our then-active databases as soon as reasonably practicable, but we may retain prior information as business records.

Changes to this Privacy Policy
We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this Privacy Policy. We encourage you to review this Privacy Policy whenever you visit the Sites to stay informed about our information practices. This policy was last modified on May 25, 2018.

Information for Users Outside the United States
If you are visiting the Sites from outside the United States, please be aware that information we collect through the Sites will be transferred to and stored on our servers in the United States. By using the Sites, you acknowledge and consent to the transfer and processing of your Personal Information in the United States as described in this Privacy Policy. Please be aware that the data protection laws and regulations applicable to your Personal Information transferred to the United States may be different from the laws in your country of residence.

LoudCloud recognizes that the European Economic Area (EEA) has established strict protections regarding the handling of EEA personal data (“EEA Personal Data”), including requirements to provide adequate protection for EEA Personal Data transferred outside of the EEA. To provide adequate protection for certain EEA Personal Data about consumers received in the US, LoudCloud has elected to self-certify to the EU-US Privacy Shield and Swiss-US Privacy Shield Frameworks administered by the US Department of Commerce (“Privacy Shield”). LoudCloud adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement, and Liability with respect to EEA Personal Data that is transferred into the US pursuant to the Privacy Shield. For purposes of enforcing compliance with the Privacy Shield, LoudCloud is 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 LoudCloud’s representation on the Privacy Shield list, see the US Department of Commerce’s Privacy Shield self-certification list located at: https://www.privacyshield.gov/list.

Personal Data Collection and Use
This Privacy Policy describes the categories of EEA Personal Data that we may receive in the US as well as the purposes for which we use that EEA Personal Data. LoudCloud will only process EEA Personal Data in ways that are compatible with the purpose that LoudCloud collected it for, or for purposes the individual authorizes. Before we process your EEA Personal Data for a purpose that is materially different than the purpose we collected it for or that you later authorized, we will ensure that we have a legal basis for doing so. LoudCloud maintains reasonable procedures to help ensure that EEA Personal Data is reliable for its intended use, accurate, complete, and current.

Data Transfers to Third Parties
Third-Party Agents or Service Providers. We may transfer EEA Personal Data to our third-party agents or service providers who perform functions on our behalf as described above in our Privacy Policy. Where required by the Privacy Shield, we enter into written agreements with those third-party agents and service providers requiring them to provide the same level of protection the Privacy Shield requires and limiting their use of the data to the specified services provided on our behalf. We take reasonable and appropriate steps to ensure that third-party agents and service providers process EEA Personal Data in accordance with our Privacy Shield obligations and to stop and remediate any unauthorized processing. Under certain circumstances, we may remain liable for the acts of our third-party agents or service providers who perform services on our behalf for their handling of EEA Personal Data that we transfer to them.

Third-Party Data Controllers
In some cases we may transfer EEA Personal Data to unaffiliated third-party data controllers. These third parties do not act as agents or service providers and are not performing functions on our behalf. We may transfer your EEA Personal Data to third-party data controllers for the purposes described in our Website Privacy Policy. We will only provide your EEA Personal Data to third-party data controllers where you have not opted-out of such disclosures, or in the case of sensitive EEA Personal Data, where you have opted-in if the Privacy Shield requires consent. We enter into written contracts with any unaffiliated third-party data controllers requiring them to provide the same level of protection for EEA Personal Data the Privacy Shield requires. We also limit their use of your EEA Personal Data so that it is consistent with any consent you have provided and with the notices you have received. If we transfer your EEA Personal Data to one of our affiliated entities within our corporate group, we will take steps to ensure that your EEA Personal Data is protected with the same level of protection the Privacy Shield requires.

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

Security
LoudCloud maintains reasonable and appropriate security measures to protect EEA Personal Data from loss, misuse, unauthorized access, disclosure, alteration, or destruction in accordance with the Privacy Shield.

Access Rights
You may have the right to access the EEA Personal Data that we hold about you and to request that we correct, amend, or delete it if it is inaccurate or processed in violation of the 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 EEA 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. In some circumstances we may charge a reasonable fee for access to your information.

Questions or Complaints
In compliance with the Privacy Shield Principles, LoudCloud commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union individuals with Privacy Shield inquiries or complaints should first contact LoudCloud at the email address found under the, “Contact Us,” section at the end of this policy.

LoudCloud has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction

Contact Us
If you have questions, comments, or requests regarding this Privacy Policy, please contact us by email at info@bnedloudcloud.com.