Last modified: 25 May 2018
For the purposes of GDPR, Mathnasium is the controller of any personal data collected from you on the website for the purpose of conducting or developing our business with you. For the purposes of this Notice, personal data means any information relating to an identified or identifiable person.
Below is a summary of topics covered in this Notice:
- Information You Provide
- Information We Collect Automatically
- Information from Other Sources
- Why We Use Personal Data
- Disclosure of Personal Data
- Marketing Using SMS and Emails
- Retention of Your Data
- External Links
- Your Rights
- Changes to This Notice
- Contact Information
Information You Provide
In order to access or use certain portions of the website or enjoy the full functionality of the website, or in applying as an instructor, you may be prompted to provide certain personal data to us in the following ways:
- by filling in forms (for example, a ‘Contact us’ form) on our website or at a trade show or anywhere else we conduct business;
- by downloading documentation from our website;
- by subscribing to newsletters or other communications;
- by corresponding with us by phone, e-mail or otherwise using our contact details; or
- by applying to be an instructor, you should also refer to the specific privacy notices made available to you during the recruitment process.
Typically, the personal data you give us may include name, business affiliation, business address, telephone number, and email address, and any personal details required to resolve any enquiries or complaints.
This personal data is required to enter into a contract with you (such as in anticipation of an instructor contract or a services agreement) or to perform a contract with you (such as to provide services at your request), and failure to provide any information may result in our inability to provide requested services or products or consider your application.
Information We Collect Automatically
When you visit our website, our server automatically collects certain browser or device generated information, which may in some cases constitute personal data, including but not limited to:
- your domain;
- your IP address;
- your date, time and duration of your visit;
- your browser type;
- your operating system;
- your page visits;
- information from third parties;
- other information about your computer or device;
- Internet traffic.
We do not use this automatically collected information to try to identify you by name, and we do not associate it with the information you provide to us.
Information from Other Sources
We may also obtain your name, business affiliation, address, telephone number, email address and available capital (where applicable, if interested in owning a franchise), about you from third parties, including franchise development portals and events.
However, you can reset your browser to refuse any cookie or to alert you to when a cookie is being sent. Web browsers allow you to control cookies stored on your hard drive through the web browser settings. To find out more about cookies, including what cookies have been set and how to manage and delete them, visit http://www.allaboutcookies.org.
Why We Use Personal Data
All processing and use of your personal data is justified. The following is an overview of the justifications for processing personal data, and why we use your personal data. Additional details on how we process your personal data may be provided to you in a separate notice or contract.
- Justification – The processing is necessary to perform a contract with you or take steps to enter into a contract at your request:
To provide you with communications which you have requested; to fulfil an order; to provide after-sales support; to process and complete certain transactions involving the website, and more generally transactions involving Mathnasium’s products and services; to review your instructor recruitment application, or to provide service information you have requested;
- Justification – The processing is necessary for us to comply with a relevant legal obligation: To keep accounting records and evidence where required by local regulation;
- Justification – The processing is in our legitimate interests, which are not overridden by your interests and fundamental rights:
To send you materials about our products and services; to evaluate transactions involving the website or our products and services; to operate, evaluate, maintain, improve and develop the website (including by monitoring and analyzing trends, access to, and use of the website for advertising and marketing); to engage you about events, promotions, the website and Mathnasium’s products and services; to send you marketing communications; to correspond with users to resolve their queries or complaints; to protect security on the website, of Mathnasium confidential and proprietary information, and of Mathnasium employees; to manage, protect against and investigate fraud, risk exposure, claims and other liabilities, including but not limited to violation of our contract terms or laws or regulations; to share your personal data with third parties in connection with potential or actual sale of our company or any of our assets, or those of any affiliated company, in which case personal data held by us about our users may be one of the transferred assets; or
- Justification – You have consented to the processing:
To cite you on our website as a satisfied customer.
When the justification for processing is our legitimate interests, those interests are to use website user data to conduct and develop our business activities with users and with others, and to improve our services, while limiting the use of personal data to those purposes that strictly support the conduct and development of our business within the reasonable expectation of the individuals concerned.
Mathnasium will not sell or rent your personal data to third parties.
Disclosure of Personal Data
We are part of the global Mathnasium group, and from time to time it will be necessary to share your personal data with our affiliates in the U.S. and in Hong Kong for the purposes described above. We may also appoint third party service providers that are located outside of the EU (who will operate under our instructions) to assist us in providing information, products or services to you, in conducting and managing our business, or in managing and improving our products, services or the website. Mathnasium may share your personal data with our affiliates and these third parties to perform services on Mathnasium’s behalf, subject to appropriate contractual restrictions and security measures, or if we believe it is reasonably necessary to prevent harm or loss, or if we believe that the disclosure will further an investigation of suspected or actual illegal activities.
If your personal data is transferred outside the EU to our affiliates in the U.S. or Hong Kong or to third party service providers, we will take steps to ensure that your personal data receives the same level of protection as if it remained within the EU, including by entering into data transfer agreements using the European Commission approved Standard Contractual Clauses, or by relying on certification schemes such as the EU – US Privacy Shield. You have a right to obtain details of the mechanism under which your personal data is transferred outside of the EU by contacting firstname.lastname@example.org.
Mathnasium reserves the right to share any information that you provide which is not deemed personal data or is not otherwise subject to contractual restrictions.
The website is not for use by children under the age of 16 years and Mathnasium does not knowingly collect, store, share or use the personal data of children under 16 years. If you are under the age of 16 years, please do not provide any personal data, even if prompted by the website to do so. If you are under the age of 16 years and you have provided personal data, please ask your parent(s) or guardian(s) to notify Mathnasium and Mathnasium will delete all such personal data.
Marketing Using SMS and Emails
Where lawful to do so, and subject to your consent where required, we may communicate with you by SMS and email to tell you about our products and services. If you wish to opt-out of receiving marketing communications, please use contact us directly and we will stop sending you communications.
Mathnasium aims to safeguard and protect your personal data from unauthorized access, improper use or disclosure, unauthorized modification or unlawful destruction or accidental loss, and Mathnasium utilizes and maintains certain reasonable processes, systems, and technologies to do so. However, you acknowledge that no transmission over the Internet is completely secure or error-free, and that these processes, systems, and technologies utilized and maintained by Mathnasium are subject to compromise. Accordingly, we cannot be held responsible for unauthorized or unintended access that is beyond our control.
Retention of Your Personal Data
We apply a general rule of keeping personal data only for as long as required to fulfill the purposes for which it was collected. In general, we retain your personal data for a period of time corresponding to a statute of limitation setting out the period during which legal claims may be filed in court. For example, we’ll retain your personal data during the statute of limitation period, to maintain an accurate record of your dealings with us or raise or defend claims in court. However, in some circumstances we may retain personal data for other periods of time, for instance where we are required to do so in accordance with legal, tax and accounting requirements, or if required to do so by a legal process, legal authority, or other governmental entity having authority to make the request, for so long as required.
With respect to marketing, we retain your personal data for one (1) year after your last request for service or other contact you initiate.
The website may contain links to third-party sites. Since Mathnasium does not control nor is responsible for the privacy practices of those websites, we encourage you to review the privacy policies of these third-party sites. This Notice applies solely to personal data collected by our websites or in the course of our business activities.
- Right to withdraw consent – where applicable, you have the right to withdraw your consent at any time. For example, if you wish to opt-out of receiving electronic marketing communications, you can change your settings in your account on the website, use the ‘unsubscribe’ link provided in our emails or text the STOP number in our SMS, or otherwise contact us directly and we will stop sending you communications.
- Right of access, rectification and erasure – you have the right to request access to and obtain a copy of any of your personal data that we may hold, to request correction of any inaccurate data relating to you and to request the deletion of your personal data under certain circumstances. You may request the details of and update your personal data by contacting us directly at email@example.com.
- Data portability – where we are relying (as the justification for processing) upon your consent, or the fact that the processing is necessary to perform a contract to which you are party or to take steps at your request prior to entering a contract, and the personal data is processed by automated means, you have the right to receive all such personal data which you have provided us in a structured, commonly used and machine-readable format, and also to require us to transmit it to another controller where this is technically feasible.
- Right to restriction of processing – you have the right to restrict our processing of your personal data (that is, allow only its storage) where:
- you contest the accuracy of the personal data, until we have taken sufficient steps to correct or verify its accuracy;
- where the processing is unlawful, but you do not want us to erase the personal data;
- where we no longer need your personal data for the purposes of the processing, but you require such personal data for the establishment, exercise or defense of legal claims; or
- where you have objected to processing justified on legitimate interest grounds (see below), pending verification as to whether we have compelling legitimate grounds to continue processing.
Where your personal data is subject to restriction we will only process it with your consent or for the establishment, exercise or defense of legal claims.
- You also have the right to lodge a complaint with the supervisory authority of your habitual residence, place of work or place of alleged infringement, if you consider that the processing of your personal data infringes applicable law. Refer to your country’s data privacy or data protection supervisory authority http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
- Right to object to processing (including profiling) based on legitimate interest grounds – where we are relying upon legitimate interests to process personal data, you have the right to object to that processing. If you object, we must stop that processing unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or we need to process the personal data for the establishment, exercise or defense of legal claims. Where we rely upon legitimate interest as a basis for processing we believe that we can demonstrate such compelling legitimate grounds, but we will consider each case on an individual basis.
- Right to object to direct marketing (including profiling) – you have the right to object to our use of your personal data (including profiling) for direct marketing purposes, such as when we use your personal data to invite you to our promotional events.
Please contact us as indicated in Contact Information section below if you wish to exercise any of your rights, or if you have any enquiries or complaints regarding the processing of your personal data.
Changes to this Notice
Any changes or updates we may make to this Notice will be posted on this page in advance. If we change the Notice, we will post the revised version here and change the “Last modified date” at the top of this Statement. Please check back frequently to see any updates or changes to this Notice.
If you have any questions in relation to this Notice or you wish to exercise any of your rights, please contact the Data Privacy team at firstname.lastname@example.org.